S T A T E O F N E W Y O R K
________________________________________________________________________
4840
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a gift for
eliminating the stigma relating to mental illness on personal income
tax returns; to amend the state finance law, in relation to establish-
ing a mental illness anti-stigma fund; and to amend the mental hygiene
law, in relation to directing the office of mental health to provide
grants to organizations dedicated to eliminating the stigma attached
to mental illness and persons with mental health needs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 629-a to
read as follows:
S 629-A. GIFT FOR ELIMINATING THE STIGMA RELATING TO MENTAL ILLNESS.
EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND NINE, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE
TO THE MENTAL ILLNESS ANTI-STIGMA FUND. SUCH CONTRIBUTION SHALL BE IN
ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX
OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE
PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
UTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUE COLLECTED
PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE MENTAL ILLNESS
ANTI-STIGMA FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
NINETY-FIVE-H OF THE STATE FINANCE LAW.
S 2. The state finance law is amended by adding a new section 95-h to
read as follows:
S 95-H. MENTAL ILLNESS ANTI-STIGMA FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE STATE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "MENTAL
ILLNESS ANTI-STIGMA FUND".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06696-01-9
A. 4840 2
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW, ALL
REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE LEGISLATURE, AND ALL
MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR SOURCE PURSUANT TO LAW. NO MONEYS CREDITED TO SUCH FUND PURSUANT TO
SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW SHALL BE DEEMED TO
AUTHORIZE THE REDUCTION OF THE AMOUNT OF MONIES OTHERWISE APPROPRIATED
BY THE STATE FOR THE PURPOSE OF ELIMINATING THE STIGMA ATTACHED TO
MENTAL ILLNESS.
3. THE MONIES OF THE FUND SHALL BE MADE AVAILABLE TO THE OFFICE OF
MENTAL HEALTH FOR THE PURPOSE OF PROVIDING GRANTS TO ORGANIZATIONS DEDI-
CATED TO ELIMINATING THE STIGMA ATTACHED TO MENTAL ILLNESS AND PERSONS
WITH MENTAL HEALTH NEEDS PURSUANT TO SECTION 7.43 OF THE MENTAL HYGIENE
LAW.
4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE
COMMISSIONER OF MENTAL HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE
OFFICE OF MENTAL HEALTH DESIGNATED BY SUCH COMMISSIONER.
S 3. The mental hygiene law is amended by adding a new section 7.43 to
read as follows:
S 7.43 MENTAL ILLNESS ANTI-STIGMA GRANTS.
THE OFFICE SHALL DEVELOP AND IMPLEMENT A PROGRAM WHICH PROVIDES GRANTS
TO ORGANIZATIONS ENGAGED IN ACTIVITIES WHICH ELIMINATE THE STIGMA
ATTACHED TO MENTAL ILLNESS AND THOSE WITH MENTAL HEALTH NEEDS.
S 4. This act shall take effect immediately.