Section 13.31. Disposition of moneys and securities  


Latest version.
  • (a)  The  commissioner,  or  the  officer  or  employee  of the office
      designated by him, shall:
        1. Receive and turn over to the comptroller for liquidation all bonds,
      notes, mortgages, trust funds,  and  other  securities  and  obligations
      belonging   to  the  office  of  mental  retardation  and  developmental
      disabilities or any subdivision thereof, except such as  may  have  come
      into  the  possession  of  the said office or any subdivision thereof on
      account of or for the payment of charges for the care, maintenance,  and
      treatment  after  January first, nineteen hundred sixty-four of patients
      at those mental hygiene facilities as defined in section  three  of  the
      facilities development corporation act which are under his jurisdiction,
      in  which  case  the  same  shall  be turned over to the commissioner of
      taxation and finance as agent for the facilities development corporation
      for liquidation, and he shall have the authority to  transfer  all  such
      securities and evidences of indebtedness and to execute on behalf of the
      office  of  mental  retardation and developmental disabilities or any of
      its facilities or the facilities development corporation a  satisfaction
      and release thereof.
        2.  Notwithstanding the provisions of sections one hundred six and one
      hundred twenty-one of  the  state  finance  law,  pay  over  all  moneys
      received  for  the care, maintenance, and treatment after January first,
      nineteen  hundred  sixty-four  of  patients  at  those  mental   hygiene
      facilities  as  defined  in  section three of the facilities development
      corporation act which are under his jurisdiction, less refunds  made  on
      account  thereof  pursuant  to  section  43.11  of  this chapter, to the
      commissioner of  taxation  and  finance  as  agent  for  the  facilities
      development corporation, for the corporate purposes of such corporation,
      and  deposit  all  other  moneys  received  in  a bank designated by the
      comptroller. He shall submit a statement each month to  the  comptroller
      and  to  the directors of the facilities development corporation showing
      the amounts so received for the  care,  maintenance,  and  treatment  of
      patients  at  such  facilities,  the  refunds  made  on  account thereof
      pursuant to section 43.11 of this chapter, and the dates when  any  such
      payments  were  made  to  the commissioner of taxation and finance. Such
      statement shall be certified to by  the  commissioner  of  taxation  and
      finance.  He  shall  also  submit  each month to the comptroller and the
      directors of the facilities development corporation a separate statement
      showing the amount of all other moneys received and deposited in a  bank
      designated  by  the  comptroller as aforesaid, the persons from whom and
      for what purposes received, and the dates  when  any  deposits  of  such
      moneys were made. All statements of deposit shall be certified to by the
      proper  officer of the bank receiving the deposits therein specified. He
      shall make an affidavit each month that the sums so  paid  over  to  the
      commissioner  of taxation and finance and deposited in such bank are all
      the moneys received by him from any source of  institutional  income  to
      the  date of the last payment, or deposit, appearing on either statement
      and such affidavit shall be filed with the comptroller and the directors
      of the facilities development corporation.  A  bank  designated  by  the
      comptroller  to receive the aforesaid deposits shall, before any deposit
      is made, execute a bond to the people of the state, in a sum approved by
      the comptroller, for the safekeeping of the funds deposited.
        (b) The  provisions  of  this  section  shall  not  be  applicable  to
      community  mental  health  and  retardation  facilities,  as  defined in
      section three of the facilities  development  corporation  act,  nor  to
      payments  made  for  the care, maintenance, and treatment of patients at
      such community mental health and retardation facilities.