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CHAPTER 690

AN ACT to authorize the lease of real property at the Binghamton

Psychiatric Center to United Health Services Hospitals

Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The commissioner of general services, with the approval of the commissioner of mental health and the director of the budget, is authorized to lease which may be let in one or more parcels for a' term not exceeding fifty years to United Health Services Hospitals, notfor-profit corporation, certain state land in Broome county being a portion of the Binghamton Psychiatric Center in the city of Binghamton,

generally described in section two of this act for the purpose of operating certain alcohol and substance abuse programs.

§ 2. The land to be leased pursuant to section one of this act is a portion of the Binghamton Psychiatric Center and described subject to an accurate survey as follows:

All that certain plot, piece or parcel of land lying and being situated in the City of Binghamton, County of Broome, State of New York, containing approximately 36 acres, more or less, of land lying in the Northerly portion and mid-way between the East and West boundaries of the property of Binghamton Psychiatric Center, situated South of the Southerly Right of Way boundary line of New York State Route 17 (Interstate Route 81) and is generally described as follows:

Beginning at a point where the Southerly Right of Way boundary line of so called New York State Route 17 (Interstate 81) intersects with the Northerly extension of the Westerly pavement line of so called Wagner Road, were same extended to the North along its same bearings,

to the Southerly Right of Way boundary line of New York Staté Route 17 (Interstate 81);

Running, thence Southerly along the Northerly extension of the Westerly pavement line of Wagner Road, were same extended to the North along its same bearings, and continuing along the Westerly pavement line of Wagner Road to a point marked by the intersection of the Westerly pavement line of Wagner Road, and the Northerly pavement line of Broadmoor Drive;

Running thence Westerly, along the Northerly pavement line of Broadmoor Drive to a point marked by the intersection of the Northerly

pavement line of Broadmoor Drive with the Westerly pavement line of Century Drive;

Running thence Northwesterly, to a point lying approximately 23 feet; more or less, Northeasterly of the Easterly corner along the Northerly building line of Building 67 (Band Stand);

Running thence Westerly, at a bearing parallel to the Northerly building line of Building 67 (Band Stand) to a point marked by intersection of the Easterly pavement line of Robinson Street and the Northerly pavement line of Century Drive; Running thence Northwesterly along the

along the Easterly pavement line of Robinson Street to the point marked by the intersection of the Northerly pavement line of Robinson Street with Westerly portion of the Northerly pavement line of the westerly drive running to Building 48 (Staff Residence);

Running thence NorthEasterly, to a point along the Southerly Right of Way boundary line of New York State Route 17 (Interstate 81) almost due South of the most Westerly point of the lands of Binghamton Psychiatris Center lying to the North of the Right of Way of New York State Route 17 (Interstate 81);

Running thence Easterly, along the Southerly Right of Way boundary line of New York State Route 17 (Interstate 81), continuing around the rectangular feature of the property line of Binghamton Psychiatric Cen; ter lying to the South of the Right' of Way of New York State Route 17 (Interstate 81), which excludes Windy Hill Road, to the point or place of beginning.

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§ 3. Any lands leased pursuant to this act shall be used for the purpose of operating an alcohol and substance abuse program with a family support community residence and an inpatient alcohol and substance abuse rehabilitation treatment program. Upon satisfying all requirements for environmental quality review pursuant to article 8 of the environmental conservation law and site plan review and approval requirements established pursuant to local law, such use shall for all purposes be deemed to be lawful. Upon discontinuance of such use said lease shall terminate and the state of New York shall be entitled to immediate possession of the premises; provided, that such right of possession shall not impair the “lien of any private or institutional financing required for such program purposes.

Notwithstanding any other provision of law, with regard to such environmental quality review in addition to the lead agency and, the option of the chief executive officer or the governing body of the municipality where the facility will be located, such municipality shall be co-lead agency. § 4.

The

commissioner of general services is authorized to fix and determine the terms and conditions of the lease including the monetary consideration or rent payable to the state as may be fair and equitable; provided, however, that such lease shall in addition provide for inkind consideration to be provided by United Health Services Hospitals to asşist in offsetting any incremental costs in public safety services borne by any municipality, in an amount agreeable to said municipality but not exceeding ten thousand dollars per year, necessitated by such alcohol and substance abuse programs. From the amounts determined to be fair and equitable rent, United Health Services Hospitals shall pay the actual costs associated with the relocating, and reestablishing the credit union currently existing within the described premises up to the sum of one hundred ten thousand dollars. The lease shall permit the mortgaging and securing of United Health Services Hospitals interest, for

the purpose of financing improvements,

and the commissioner of general services shall enter into agreements with those lenders providing them with reasonable assurances of the stability of their security, excepting their interest from termination due to discontinued use.

§ 5. Prior to lease agreements that include property improved with bond proceeds, the state of New York or United Health Services Hospitals

to the medical care facilities finance agency (MCFFA), in an amount to be designated by such agency, an amount equal to the purchase price of such real property, any interest in real property, and improvements, the depreciated cost of any facility or facilities constructed, reconstructed, rehabilitated or improved thereon, and all other costs of the agency incident to the acquisition of such real property, and the financing of construction, reconstruction, rehabilitation or improvement relating to such facility or facilities, all as provided in the lease, entered into among medical care facilities finance agency, facilities development corporation and the state of New York. Provided,

however, that any lease covering premises improved with the proceeds of a mental health services facility improvement revenue bond shall be effective only after the attorney general or other designated bond counsel determines, in writing, that it is consistent with all applicable federal and state' laws, rules and regulations, and all deeds, leases, subleases, loan agreements, financing agreements and bond resolutions relating to

affected by the premises being sublet or let, and that such a sublease or lease, with or without an option, does not impair the

taxexempt status of outstanding obligations issued by the medical care facilities finance agency to finance such premises.

§. 6. Lease payments made by United Health Services Hospitals shall be
paid to the office of mental health or facilities development corpora-
tion for deposit into the mental hygiene facilities improvement fund in-
come account to be used to pay principal and interest outstanding
mental health services facilities improvement revenue bonds, the pro-
ceeds of which were used to improve mental hygiene facilities.

§ 7. This act shall take effect immediately.
EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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CHAPTER 691

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AN ACT to amend the state finance law, chapter 583 of the laws of 1986, amending the state finance law relating to the regulation of funding of state installment purchases through the use of certificates of participation, chapter 413 of the laws of 1991, amending the state finance law relating to providing relief to local governments for certain mandated programs and services, and the vehicle and traffic law, in relation to state installment purchases and lease purchases of personal and real property including such purchases financed by certificates of participation issued pursuant to article 5-A of the state finance law and to the perfection of security interests under the state's certificates of participation financing program and to repeal subdivision 4 of section 66-a of the state finance law relating thereto

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Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 4 of section 66-a of the state finance law is repeale section 66-h of the state finance law, as added by chapter 583 of the laws of 1986, is amended to read as follows:

§ 66-h. Restriction on sale in the event of nonappropriation. 1. Any agreement for the issuance of certificates of participation to fund installment purchases or lease purchases by the state may provide that the certificates are secured by the underlying property and that,

in the event that the legislature fails to appropriate funds sufficient for the underlying installment payments, the financed property may be sold behalf of the holders of the certificates, provided that any excess proceeds from such a sale, after deduction for and payment of fees, penses and any taxes levied on the sale, and distribution to the holders of the certificates in the amount of the face value of the certificates plus accrued

interest, or in the case of a certificate issued with an original issue discount, its accreted value, shall be paid to the state.

2. Any security, interest in personal property made or created by any such agreement shall be valid, binding and perfected from the time when such security interest attaches, without any physical delivery of the collateral or further act. The lien of any such security interest shall be valid, binding and perfected as against all parties having claims of any kind in tort, contract or otherwise against the state

irrespective of whether not such parties have notice hereof. No instrument by which such security interest is created nor any financing statement other document need be recorded or filed. This section shall apply notwithstanding the provisions of the uniform commercial code and the vehicle and traffic law.

§ 3. Section 2103 of the vehicle and traffic law is amended by adding a new subdivision (d) to read as follows:

(d) A security interest in a vehicle acquired by the state of New York and financed by certificates of participat ion pursuant to article five-A of the state finance law.

§ 4. Section 6 of chapter 583 of the laws of 1986, amending the state finance law relating to the regulation of funding of state

installment purchases through the use of certificates of participation, as amended by chapter 656 of the laws of 1990, is amended to read as follows:

§ 6. This act shall take effect immediatelyt, and shall expire on March 31, 1992, with the exception of subdivision 4' of section 66-a and sections' 66-f and 66-h of the state finance law, as added by section one of this act, which shall remain in full force and effect].

§ 5. Section 36 of chapter 413 of the laws of 1991, amending the state finance law and other laws relating to providing relief to local governments for certain mandated programs and services, is amended to read as follows:

§ 36. Any installment purchase contract for the improvement of real property on a site located in the city of New York,

county of Bronx, designated as Section 9 Block 2443 Lot 90 on the tax map of the City of

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200 East 161st Street, entered into by the city of New York on or before [June 30, 1992] January 30, 1993 shall be deemed valid as of the date of such installment purchase contract as to the authority to enter into such contract, notwithstanding such municipal corporation's failure to comply with the public bidding requirement under applicable law with respect to (i) contracts existing as of the effective date of this section,

to aný amendments, modifications or assignments of such contracts and (ii) the designation of the developer or contracting party. If in the judgment of the mayor and the comptroller of the city of New York the interest of the city of New York will be served thereby, the mayor and the comptroller may authorize the sale of certificates of participation with respect to any installment sales contract lease purchase contract with respect to the above described

property on a negotiated basis without further governmental approvals.

$ 6. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operations

to the clause, sentence, paragraph, section or part of this act directly involved in which the judgment shall have been rendered.

§ 7. This act shall take effect immediately, and shall, for the purposes of sections two, three, and four of this act, have retroactive effect for existing security interests which cease to be otherwise perfected because of the expiration of a uniform commercial code financing statement filing.

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CHAPTER 692

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AN ACT to amend the education law, in relation to the membership of the

state board for dentistry

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Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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Section 1. Section 6603 of the education law, as amended by chapter 292 of the laws of 1981, is amended to read as follows:

§ 6603. State board for dentistry. A state board for dentistry shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than thirteen dentists licensed in this state for at least five years and (two] not less than three dental hygienists licensed in this state for at least five years. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner and shall be a dentist licensed in this state.

§ 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law, provided, however, that the appointment of an additional dental hygienist or hygienists necessitated by this act, may be made as the terms of dentist members of the board expire. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 693

AN ACT to amend chapter 415 of the laws of 1913, relating to establish

ing a state commission for the blind and visually handicapped and the state finance law, in relation to prescribing the powers, duties, responsibilities and functions of the commissioner of general services and other state and public officials and the New York state commission for the blind and visually handicapped in the operation of a vending program for the blind and visually handicapped

Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter 415 of the laws of 1913, relating to establishing, a state commission for the blind and visually handicapped, is amended by adding a new section 11-a to read as follows:

§ 11-a. Vending program. a. Definitions. As used in this section:

1. "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision' in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees. In determining whether an individual is blind, there shall be an examination by

by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select.

2. "Business enterprise program" means the vending program for blind vendors established in regulations of the department of social

services and in the provisions of this section.

3. "Commission" means the New York state commission for the blind and visually handicapped.

4. "Commissioner" means the commissioner of social services.

5. "Instrumentality of the state" means any board, corporation, &$50ciation, commission, organization or other entity, the governing body of which is totally appointed by other state officials or state bodies such as the state senate, assembly, judicial conference, etc.

6. "License" means a written instrument issued by the commission to a blind person, authorizing such person to operate a vending facility.

7. "Permit' means the official approval given the department of social services by a department, agency or instrumentality in control

of the maintenance, operation and protection of the property, whereby the commission is authorized to establish a vending facility.

8. "Set-aside funds" means funds which accrue to the commission from an assessment against the net proceeds of each vending facility state's vending facility program and any income from vending machines on the property which accrues to the commission.

9.' "State property" means any building, land or real property interest occupied or held by any state department, agency or instrumentality.

10. "Vending facility" means vending machines, snack bars, cart ser; vice and such other appropriate and necessary auxiliary equipment which may be operated by blind licensees for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages and other articles

services dispensed by, vending machine or manually and prepared on or off the premises (including wholesale operations) in accordance with all applicable health laws, and including the vending or exchange of chances for any lottery authorized by state law. 11. Vending machine"

means coin, currency, charge-card, fingerprint, voiceprint, number combination or related system with which to

the machine, exclusive of telephones, which dispenses articles or services,

12. "Vending machine income" means receipts fron vending machine oper: ations, after deducting the cost of goods sold (including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns), where the machines are oper ated, serviced or maintained by, or with the approval of, a department, agency or instrumentality of the state, or commissions paid by a commercial vending concern which operates,

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