Bill Text: NY A05879 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "developmentally disabled" and "developmental disability".
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2023-06-08 - substituted by s3313b [A05879 Detail]
Download: New_York-2023-A05879-Introduced.html
Bill Title: Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "developmentally disabled" and "developmental disability".
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2023-06-08 - substituted by s3313b [A05879 Detail]
Download: New_York-2023-A05879-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5879 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on Governmental Operations AN ACT to amend the county law, the criminal procedure law, the legisla- tive law, the mental hygiene law, the private housing finance law, the public authorities law, the social services law and the New York state medical care facilities finance agency act, in relation to replacing the terms "mentally retarded" and "mental retardation" with "develop- mentally disabled" and "developmental disability" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 707 of the county law, as added by 2 chapter 1 of the laws of 1995, is amended to read as follows: 3 1. Notwithstanding any other provision of law to the contrary, upon a 4 finding in an ex parte proceeding that expert services are reasonably 5 necessary for the prosecution of the case whether in connection with 6 issues relating to guilt or sentencing or that investigative services 7 relating to a separate sentencing proceeding or [mental retardation] 8 developmental disability hearing pursuant to section 400.27 of the crim- 9 inal procedure law are reasonably necessary, the trial court shall 10 authorize the payment of fees and expenses for such services. Upon a 11 finding that timely procurement of such services could not practicably 12 await prior authorization, the court may authorize the provision and 13 payment for such services nunc pro tunc. 14 § 2. Paragraph (b) of subdivision 9, paragraphs (a), (b), (c), (d), 15 (e) and (f) of subdivision 12, paragraphs (a) and (c) of subdivision 13 16 and the opening paragraph of paragraph (a) and paragraph (c) of subdivi- 17 sion 14 of section 400.27 of the criminal procedure law, paragraph (b) 18 of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi- 19 sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the 20 laws of 1995, paragraph (c) of subdivision 13 as amended by chapter 230 21 of the laws of 2004 and the opening paragraph of paragraph (a) and para- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06636-02-3A. 5879 2 1 graph (c) of subdivision 14 as amended by section 9 of part LLL of chap- 2 ter 59 of the laws of 2019, are amended to read as follows: 3 (b) The defendant was [mentally retarded] a person with developmental 4 disabilities at the time of the crime, or the defendant's mental capaci- 5 ty was impaired or his ability to conform his conduct to the require- 6 ments of law was impaired but not so impaired in either case as to 7 constitute a defense to prosecution; 8 (a) Upon the conviction of a defendant for the offense of murder in 9 the first degree as defined in section 125.27 of the penal law, the 10 court shall, upon oral or written motion of the defendant based upon a 11 showing that there is reasonable cause to believe that the defendant is 12 [mentally retarded] a person with developmental disabilities, promptly 13 conduct a hearing without a jury to determine whether the defendant is 14 [mentally retarded] a person with developmental disabilities. Upon the 15 consent of both parties, such a hearing, or a portion thereof, may be 16 conducted by the court contemporaneously with the separate sentencing 17 proceeding in the presence of the sentencing jury, which in no event 18 shall be the trier of fact with respect to the hearing. At such hearing 19 the defendant has the burden of proof by a preponderance of the evidence 20 that he or she is [mentally retarded] a person with developmental disa- 21 bilities. The court shall defer rendering any finding pursuant to this 22 subdivision as to whether the defendant is [mentally retarded] a person 23 with developmental disabilities until a sentence is imposed pursuant to 24 this section. 25 (b) In the event the defendant is sentenced pursuant to this section 26 to life imprisonment without parole or to a term of imprisonment for the 27 class A-I felony of murder in the first degree other than a sentence of 28 life imprisonment without parole, the court shall not render a finding 29 with respect to whether the defendant is [mentally retarded] a person 30 with developmental disabilities. 31 (c) In the event the defendant is sentenced pursuant to this section 32 to death, the court shall thereupon render a finding with respect to 33 whether the defendant is [mentally retarded] a person with developmental 34 disabilities. If the court finds the defendant is [mentally retarded] a 35 person with developmental disabilities, the court shall set aside the 36 sentence of death and sentence the defendant either to life imprisonment 37 without parole or to a term of imprisonment for the class A-I felony of 38 murder in the first degree other than a sentence of life imprisonment 39 without parole. If the court finds the defendant is not [mentally40retarded] a person with developmental disabilities, then such sentence 41 of death shall not be set aside pursuant to this subdivision. 42 (d) In the event that a defendant is convicted of murder in the first 43 degree pursuant to subparagraph (iii) of paragraph (a) of subdivision 44 one of section 125.27 of the penal law, and the killing occurred while 45 the defendant was confined or under custody in a state correctional 46 facility or local correctional institution, and a sentence of death is 47 imposed, such sentence may not be set aside pursuant to this subdivision 48 upon the ground that the defendant is [mentally retarded] a person with 49 developmental disabilities. Nothing in this paragraph or paragraph (a) 50 of this subdivision shall preclude a defendant from presenting mitigat- 51 ing evidence of [mental retardation] developmental disability at the 52 separate sentencing proceeding. 53 (e) The foregoing provisions of this subdivision notwithstanding, at a 54 reasonable time prior to the commencement of trial the defendant may, 55 upon a written motion alleging reasonable cause to believe the defendant 56 is [mentally retarded] a person with developmental disabilities, applyA. 5879 3 1 for an order directing that a [mental retardation] developmental disa- 2 bility hearing be conducted prior to trial. If, upon review of the 3 defendant's motion and any response thereto, the court finds reasonable 4 cause to believe the defendant is [mentally retarded] a person with 5 developmental disabilities, it shall promptly conduct a hearing without 6 a jury to determine whether the defendant is [mentally retarded] a 7 person with developmental disabilities. In the event the court finds 8 after the hearing that the defendant is not [mentally retarded] a person 9 with developmental disabilities, the court must, prior to commencement 10 of trial, enter an order so stating, but nothing in this paragraph shall 11 preclude a defendant from presenting mitigating evidence of [mental12retardation] developmental disability at a separate sentencing proceed- 13 ing. In the event the court finds after the hearing that the defendant, 14 based upon a preponderance of the evidence, is [mentally retarded] a 15 person with developmental disabilities, the court must, prior to 16 commencement of trial, enter an order so stating. Unless the order is 17 reversed on an appeal by the people or unless the provisions of para- 18 graph (d) of this subdivision apply, a separate sentencing proceeding 19 under this section shall not be conducted if the defendant is thereafter 20 convicted of murder in the first degree. In the event a separate 21 sentencing proceeding is not conducted, the court, upon conviction of a 22 defendant for the crime of murder in the first degree, shall sentence 23 the defendant to life imprisonment without parole or to a sentence of 24 imprisonment for the class A-I felony of murder in the first degree 25 other than a sentence of life imprisonment without parole. Whenever a 26 [mental retardation] developmental disability hearing is held and a 27 finding is rendered pursuant to this paragraph, the court may not 28 conduct a hearing pursuant to paragraph (a) of this subdivision. For 29 purposes of this subdivision and paragraph (b) of subdivision nine of 30 this section, ["mental retardation"] "developmental disability" means 31 significantly subaverage general intellectual functioning existing 32 concurrently with deficits in adaptive behavior which were manifested 33 before the age of eighteen. 34 (f) In the event the court enters an order pursuant to paragraph (e) 35 of this subdivision finding that the defendant is [mentally retarded] a 36 person with developmental disabilities, the people may appeal as of 37 right from the order pursuant to subdivision ten of section 450.20 of 38 this chapter. Upon entering such an order the court must afford the 39 people a reasonable period of time, which shall not be less than ten 40 days, to determine whether to take an appeal from the order finding that 41 the defendant is [mentally retarded] a person with developmental disa- 42 bilities. The taking of an appeal by the people stays the effectiveness 43 of the court's order and any order fixing a date for trial. Within six 44 months of the effective date of this subdivision, the court of appeals 45 shall adopt rules to ensure that appeals pursuant to this paragraph are 46 expeditiously perfected, reviewed and determined so that pretrial delays 47 are minimized. Prior to adoption of the rules, the court of appeals 48 shall issue proposed rules and receive written comments thereon from 49 interested parties. 50 (a) As used in this subdivision, the term "psychiatric evidence" means 51 evidence of mental disease, defect or condition in connection with 52 either a mitigating factor defined in this section or a [mental retarda-53tion] developmental disability hearing pursuant to this section to be 54 offered by a psychiatrist, psychologist or other person who has received 55 training, or education, or has experience relating to the identifica-A. 5879 4 1 tion, diagnosis, treatment or evaluation of mental disease, mental 2 defect or mental condition. 3 (c) When a defendant serves notice pursuant to this subdivision, the 4 district attorney may make application, upon notice to the defendant, 5 for an order directing that the defendant submit to an examination by a 6 psychiatrist, licensed psychologist, or licensed clinical social worker 7 designated by the district attorney, for the purpose of rebutting 8 evidence offered by the defendant with respect to a mental disease, 9 defect, or condition in connection with either a mitigating factor 10 defined in this section, including whether the defendant was acting 11 under duress, was mentally or emotionally disturbed or [mentally12retarded] was a person with developmental disabilities, or was under the 13 influence of alcohol or any drug. If the application is granted, the 14 district attorney shall schedule a time and place for the examination, 15 which shall be recorded. Counsel for the people and the defendant shall 16 have the right to be present at the examination. A transcript of the 17 examination shall be made available to the defendant and the district 18 attorney promptly after its conclusion. The district attorney shall 19 promptly serve on the defendant a written copy of the findings and eval- 20 uation of the examiner. If the court finds that the defendant has 21 wilfully refused to cooperate fully in an examination pursuant to this 22 paragraph, it shall, upon request of the district attorney, instruct the 23 jury that the defendant did not submit to or cooperate fully in such 24 psychiatric examination. When a defendant is subjected to an examination 25 pursuant to an order issued in accordance with this subdivision, any 26 statement made by the defendant for the purpose of the examination shall 27 be inadmissible in evidence against him in any criminal action or 28 proceeding on any issue other than that of whether a mitigating factor 29 has been established or whether the defendant is [mentally retarded] a 30 person with developmental disabilities, but such statement is admissible 31 upon such an issue whether or not it would otherwise be deemed a privi- 32 leged communication. 33 At a reasonable time prior to the sentencing proceeding or a [mental34retardation] developmental disability hearing: 35 (c) If, after complying with the provisions of this section or an 36 order pursuant thereto, a party finds either before or during a sentenc- 37 ing proceeding or [mental retardation] developmental disability hearing, 38 additional material subject to discovery or covered by court order, the 39 party shall promptly make disclosure or apply for a protective order. 40 § 3. Subdivision 10 of section 450.20 of the criminal procedure law, 41 as added by chapter 1 of the laws of 1995, is amended to read as 42 follows: 43 10. An order, entered pursuant to paragraph (e) of subdivision twelve 44 of section 400.27, finding that the defendant is [mentally retarded] a 45 person with developmental disabilities. 46 § 4. That portion of subdivision 1 of section 5-a of the legislative 47 law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by 48 section 3 of part XX of chapter 56 of the laws of 2009, is amended to 49 read as follows: 50 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY 51 Chairman of assembly ways and means committee ................... 34,000 52 Ranking minority member of assembly ways and meansA. 5879 5 1 committee ...................................................... 20,500 2 Chairman of assembly judiciary committee ........................ 18,000 3 Ranking minority member of assembly judiciary 4 committee ...................................................... 11,000 5 Chairman of assembly codes committee ............................ 18,000 6 Ranking minority member of assembly codes 7 committee ...................................................... 11,000 8 Chairman of assembly banks committee ............................ 15,000 9 Ranking minority member of assembly banks committee .............. 9,500 10 Chairman of assembly committee on cities ........................ 15,000 11 Ranking minority member of assembly committee on cities .......... 9,500 12 Chairman of assembly education committee ........................ 18,000 13 Ranking minority member of assembly education committee ......... 11,000 14 Chairman of assembly health committee ........................... 15,000 15 Ranking minority member of assembly health committee ............. 9,500 16 Chairman of assembly local governments committee ................ 15,000 17 Ranking minority member of assembly local governments 18 committee ....................................................... 9,500 19 Chairman of assembly agriculture committee ...................... 12,500 20 Ranking minority member of assembly agriculture committee ........ 9,000 21 Chairman of assembly economic development, job creation, 22 commerce and industry committee ................................ 18,000 23 Ranking minority member of assembly economic development, 24 job creation, commerce and industry committee .................. 11,000 25 Chairman of assembly environmental conservation committee ....... 12,500 26 Ranking minority member of assembly environmental 27 conservation committee .......................................... 9,000 28 Chairman of assembly corporations, authorities 29 and commissions committee ...................................... 15,000 30 Ranking minority member of assembly corporations, 31 authorities, and commissions committee .......................... 9,500 32 Chairman of assembly correction committee ....................... 12,500 33 Ranking minority member of assembly correction committee ......... 9,000 34 Chairman of assembly ethics and guidance committee .............. 12,500 35 Ranking minority member of assembly ethics and guidance 36 committee ....................................................... 9,000 37 Chairman of assembly governmental employees committee ........... 12,500 38 Ranking minority member of assembly governmental 39 employees committee ............................................. 9,000 40 Chairman of assembly governmental operations committee .......... 12,500 41 Ranking minority member of assembly governmental 42 operations committee ............................................ 9,000 43 Chairman of assembly housing committee .......................... 12,500 44 Ranking minority member of assembly housing committee ............ 9,000 45 Chairman of assembly insurance committee ........................ 12,500 46 Ranking minority member of assembly insurance committee .......... 9,000 47 Chairman of assembly labor committee ............................ 14,000 48 Ranking minority member of assembly labor committee .............. 9,000 49 Chairman of assembly racing and wagering committee .............. 12,500 50 Ranking minority member of assembly racing and wagering 51 committee ....................................................... 9,000 52 Chairman of assembly social services committee .................. 12,500 53 Ranking minority member of assembly social services 54 committee ....................................................... 9,000 55 Chairman of assembly small business committee ................... 12,500 56 Ranking minority member of assembly small businessA. 5879 6 1 committee ....................................................... 9,000 2 Chairman of assembly transportation committee ................... 15,000 3 Ranking minority member of assembly transportation 4 committee ....................................................... 9,500 5 Chairman of assembly veterans' affairs committee ................ 12,500 6 Ranking minority member of assembly veterans' affairs 7 committee ....................................................... 9,000 8 Chairman of assembly aging committee ............................ 12,500 9 Ranking minority member of assembly aging committee .............. 9,000 10 Chairman of the assembly alcoholism and drug abuse 11 committee ...................................................... 12,500 12 Ranking minority member of the assembly 13 alcoholism and drug abuse committee ............................. 9,000 14 Chairman of assembly committee on mental health[,15mental retardation and developmental disabilities] ............. 12,500 16 Ranking minority member of assembly committee on mental health[,17mental retardation and developmental disabilities] .............. 9,000 18 Chairman of assembly higher education committee ................. 12,500 19 Ranking minority member of assembly higher education 20 committee ....................................................... 9,000 21 Chairman of assembly real property taxation committee ........... 12,500 22 Ranking minority member of assembly real property 23 taxation committee .............................................. 9,000 24 Chairman of assembly election law committee ..................... 12,500 25 Ranking minority member of assembly election 26 law committee ................................................... 9,000 27 Chairman of assembly children and families committee ............ 12,500 28 Ranking minority member of assembly children 29 and families committee .......................................... 9,000 30 Chairman of assembly consumer affairs and protection 31 committee ...................................................... 12,500 32 Ranking minority member of assembly consumer affairs and 33 protection committee ............................................ 9,000 34 Chairman of the assembly energy committee ....................... 12,500 35 Ranking minority member of assembly energy committee ............. 9,000 36 Chairman of assembly tourism, parks, arts and sports development 37 committee ...................................................... 12,500 38 Ranking minority member of assembly tourism, parks, arts and 39 sports development committee .................................... 9,000 40 Chairman of assembly oversight, analysis and investigation 41 committee ...................................................... 12,500 42 Ranking minority member of assembly oversight, 43 analysis and investigation committee ............................ 9,000 44 Chairman of assembly office of state-federal relations .......... 12,500 45 Chairman of majority house operations ........................... 12,500 46 Chairman of minority house operations ............................ 9,000 47 Co-chairman of the administrative regulations review 48 commission ..................................................... 12,500 49 § 5. Paragraph a of subdivision 1 of section 47-b of the private hous- 50 ing finance law, as amended by chapter 479 of the laws of 2022, is 51 amended to read as follows: 52 a. "Community mental health and developmental disabilities facility" 53 shall mean a building, a unit within a building, a laboratory, a class- 54 room, a housing unit, a dining hall, an activities center, a library, or 55 any structure on or improvement to real property of any kind orA. 5879 7 1 description, including fixtures and equipment which are an integral part 2 of such building, unit or structure or improvement, a walkway, a roadway 3 or a parking lot and improvements and connections for water, sewer, gas, 4 electrical, telephone, heating, air conditioning and other utility 5 services, or a combination of any of the foregoing, whether for patient 6 care and treatment or staff, staff family or service use, located in a 7 city, or in a county not wholly included within a city, authorized to 8 provide community mental health services in accordance with the 9 provisions of article forty-one of title E of the mental hygiene law, 10 which is utilized or to be utilized for the administration and conduct 11 of programs for people living with either mental illness or develop- 12 mental disabilities, or both, and for the provision of services there- 13 for. A community mental health and [retardation] developmental disabili- 14 ties facility shall also mean and include a residential facility to be 15 operated as a community residence for the mentally disabled, and a 16 treatment facility for use in the conduct of an alcoholism treatment 17 program or of a substance abuse treatment program as defined in the 18 mental hygiene law. 19 § 6. An undesignated paragraph of paragraph (b) of subdivision 2 of 20 section 1676 of the public authorities law, as added by chapter 433 of 21 the laws of 1988, is amended to read as follows: 22 New Hope Community, Inc., a not-for-profit corporation, for the 23 financing, construction and development of residences for [mentally24retarded and developmentally disabled] adults with a developmental disa- 25 bility on forty acres of land purchased from Leon and Dave Scharf, 26 d.b.a. New Hope Rehabilitation Center, located on State Route 52 in the 27 Town of Fallsburg, to replace existing residential facilities operated 28 by New Hope Rehabilitation Center. 29 § 7. An undesignated paragraph of paragraph (b) of subdivision 2 of 30 section 1676 of the public authorities law, as added by chapter 384 of 31 the laws of 1998, is amended to read as follows: 32 Terence Cardinal Cooke Health Care Center for the, financing, refi- 33 nancing, construction, reconstruction, renovation, development, improve- 34 ment, expansion, and equipping of facilities to serve aged, disabled, 35 and chronically impaired, [mentally retarded and developmentally disa-36bled persons] and persons who have a developmental disability. 37 § 8. An undesignated paragraph of subdivision 1 of section 1680 of the 38 public authorities law, as added by chapter 433 of the laws of 1988, is 39 amended to read as follows: 40 New Hope Community, Inc., a not-for-profit corporation, for the 41 financing, construction and development of residences for [mentally42retarded and developmentally disabled] adults with a developmental disa- 43 bility on forty acres of land purchased from Leon and Dave Scharf, 44 d.b.a. New Hope Rehabilitation Center, located on State Route 52 in the 45 Town of Fallsburg, to replace existing residential facilities operated 46 by New Hope Rehabilitation Center. 47 § 9. An undesignated paragraph of subdivision 1 of section 1680 of the 48 public authorities law, as added by chapter 384 of the laws of 1998, is 49 amended to read as follows: 50 Terence Cardinal Cooke Health Care Center for the financing, refinanc- 51 ing, construction, reconstruction, renovation, development, improvement, 52 expansion, and equipping of facilities to serve aged, disabled, and 53 chronically impaired, [mentally retarded and developmentally disabled54persons] and persons who have a developmental disability.A. 5879 8 1 § 10. Paragraph (e) of subdivision 6 of section 384-b of the social 2 services law, as amended by chapter 691 of the laws of 1991, is amended 3 to read as follows: 4 (e) In every proceeding upon a ground set forth in paragraph (c) of 5 subdivision four the judge shall order the parent to be examined by, and 6 shall take the testimony of, a qualified psychiatrist or a psychologist 7 licensed pursuant to article one hundred fifty-three of the education 8 law as defined in section 730.10 of the criminal procedure law in the 9 case of a parent alleged to be mentally ill or [retarded] a person with 10 developmental disabilities, such psychologist or psychiatrist to be 11 appointed by the court pursuant to section thirty-five of the judiciary 12 law. The parent and the authorized agency shall have the right to submit 13 other psychiatric, psychological or medical evidence. If the parent 14 refuses to submit to such court-ordered examination, or if the parent 15 renders himself or herself unavailable therefor whether before or after 16 the initiation of a proceeding under this section, by departing from the 17 state or by concealing himself or herself therein, the appointed 18 psychologist or psychiatrist, upon the basis of other available informa- 19 tion, including, but not limited to, agency, hospital or clinic records, 20 may testify without an examination of such parent, provided that such 21 other information affords a reasonable basis for his or her opinion. 22 § 11. Paragraphs a and b of subdivision 7 of section 9-a of section 1 23 of chapter 392 of the laws of 1973, constituting the New York state 24 medical care facilities finance agency act, paragraph a as added by 25 chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506 26 of the laws of 1997, are amended to read as follows: 27 a. The agency shall have the power to acquire by lease or deed from 28 the facilities development corporation any real property acquired by the 29 corporation pursuant to the provisions of subdivision six of section 30 nine of the facilities development corporation act (i) for the purpose 31 of constructing, reconstructing, rehabilitating or improving thereon one 32 or more community mental health and [retardation] developmental disabil- 33 ities facilities or (ii) for the purpose of financing or refinancing the 34 acquisition, construction, reconstruction, rehabilitation or improvement 35 thereon of one or more community mental health and [retardation] devel- 36 opmental disabilities facilities, pursuant to the provisions of this act 37 and the facilities development corporation act. The agency is hereby 38 authorized to lease or sublease such real property and facilities there- 39 on to the corporation for the purpose of making the same available to a 40 city or a county not wholly within a city, for use and occupancy in 41 accordance with the provisions of a lease, sublease or other agreement 42 between the corporation and such city or county. 43 b. In the event that the agency shall fail, within five years after 44 the date of a lease or conveyance of such real property from property 45 from such city or county to the corporation, to construct, reconstruct, 46 rehabilitate or improve the community mental health and [retardation] 47 developmental disabilities facility or facility thereon for which such 48 lease or conveyance was made, as provided for in a lease, sublease or 49 other financing agreement entered into by such city or county and the 50 corporation, then, subject to the terms of any lease, sublease or other 51 financing agreement undertaken by the agency, such real property and any 52 facilities thereon shall revert to the corporation with right of re-en- 53 try thereupon, and such lease or deed shall be made subject to such 54 condition of reverter and re-entry. Provided, however, that as a condi- 55 tion precedent to the exercise of such right of re-entry the corporation 56 shall pay to the agency an amount equal to the sum of the purchase priceA. 5879 9 1 of such real property, the depreciated cost of any community mental 2 health and [retardation] developmental disabilities facility or facili- 3 ties constructed, reconstructed, rehabilitated or improved thereon and 4 all other costs of the agency incident to the acquisition of such lands 5 and the financing of construction, reconstruction, rehabilitation or 6 improvement relating to such community mental health and [retardation] 7 developmental disabilities facility or facilities, all as provided in 8 the aforesaid lease, sublease or other financing agreement entered into 9 with the corporation. It is further provided that for the Corona unit of 10 the Bernard M. Fineson developmental disabilities services office, the 11 corporation may but is not required to pay to the agency an amount less 12 than or equal to the purchase price of the real property, the depreci- 13 ated cost of the sum of the community mental health and [retardation] 14 developmental disabilities facility constructed, reconstructed, rehabil- 15 itated, demolished or improved thereon and all other costs of the agency 16 incident to the acquisition of such lands and the financing of 17 construction, reconstruction, rehabilitation, demolition or improvement 18 relating to such community mental health and [retardation] developmental 19 disabilities facility, all as provided in the aforesaid lease, sublease 20 or other financing agreement entered into with the corporation. 21 § 12. This act shall take effect immediately; provided, however, that: 22 (a) the amendments to an undesignated paragraph of paragraph (b) of 23 subdivision 2 of section 1676 of the public authorities law made by 24 section seven of this act shall not affect the expiration of such undes- 25 ignated paragraph and shall be deemed repealed therewith; and 26 (b) the amendments to an undesignated paragraph of subdivision 1 of 27 section 1680 of the public authorities law made by section nine of this 28 act shall not affect the expiration of such undesignated paragraph and 29 shall be deemed repealed therewith.
