§ 7.31 — Disposition of moneys and securities

New York § 7.31

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title B: Mental Health Act
• Art. 7: Office of Mental Health

Text

§ 7.31 Disposition of moneys and securities.\n (a) The commissioner, or the officer or employee of the office\ndesignated by him, shall:\n 1. Receive and turn over to the comptroller for liquidation all bonds,\nnotes, mortgages, trust funds, and other securities and obligations\nbelonging to the office of mental health or any subdivision thereof,\nexcept such as may have come into the possession of the said office or\nany subdivision thereof on account of or for the payment of charges for\nthe care, maintenance, and treatment after January first, nineteen\nhundred sixty-four of patients at those mental hygiene facilities as\ndefined in section three of the facilities development corporation act,\nwhich are under his jurisdiction, in which case the same shall be turned\nover to the commissioner of taxation and finance as agent for the\nfacilities development corporation for liquidation, and he shall have\nthe authority to transfer all such securities and evidences of\nindebtedness and to execute on behalf of the office of mental health or\nany of its facilities or the facilities development corporation a\nsatisfaction and release thereof.\n 2. Notwithstanding the provisions of sections one hundred six and one\nhundred twenty-one of the state finance law, pay over all moneys\nreceived for the care, maintenance, and treatment after January first,\nnineteen hundred sixty-four of patients at those mental hygiene\nfacilities as defined in section three of the facilities development\ncorporation act which are under his jurisdiction, less refunds made on\naccount thereof pursuant to section 43.11 of this chapter, to the\ncommissioner of taxation and finance as agent for the facilities\ndevelopment corporation, for the corporate purposes of such corporation,\nand deposit all other moneys received in a bank designated by the\ncomptroller. He shall submit a statement each month to the comptroller\nand to the directors of the facilities development corporation showing\nthe amounts so received for the care, maintenance, and treatment of\npatients at such facilities, the refunds made on account thereof\npursuant to section 43.11 of this chapter, and the dates when any such\npayments were made to the commissioner of taxation and finance. Such\nstatement shall be certified to by the commissioner of taxation and\nfinance. He shall also submit each month to the comptroller and the\ndirectors of the facilities development corporation a separate statement\nshowing the amount of all other moneys received and deposited in a bank\ndesignated by the comptroller as aforesaid, the persons from whom and\nfor what purposes received, and the dates when any deposits of such\nmoneys were made. All statements of deposit shall be certified to by the\nproper officer of the bank receiving the deposits therein specified. He\nshall make an affidavit each month that the sums so paid over to the\ncommissioner of taxation and finance and deposited in such bank are all\nthe moneys received by him from any source of institutional income to\nthe date of the last payment, or deposit, appearing on either statement\nand such affidavit shall be filed with the comptroller and the directors\nof the facilities development corporation. A bank designated by the\ncomptroller to receive the aforesaid deposits shall, before any deposit\nis made, execute a bond to the people of the state, in a sum approved by\nthe comptroller, for the safekeeping of the funds deposited.\n (b) The provisions of this section shall not be applicable to\ncommunity mental health and developmental disabilities facilities, as\ndefined in section three of the facilities development corporation act,\nnor to payments made for the care, maintenance, and treatment of\npatients at such community mental health and developmental disabilities\nfacilities.\n