Senate Bill S4158

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4158--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 15, 2009
                               ___________

Introduced  by Sens. MONTGOMERY, HASSELL-THOMPSON, OPPENHEIMER, THOMPSON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations -- recommit-
  ted to the Committee on Investigations and  Government  Operations  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the tax law and the state finance law, in relation to
  providing a tax check-off box on personal income tax return forms  for
  gifts to the school-based health centers fund

  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  630-c  to
read as follows:
  S  630-C.  GIFT FOR SCHOOL-BASED HEALTH CENTERS. EFFECTIVE FOR ANY TAX
YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, AN INDIVID-
UAL IN ANY TAXABLE YEAR MAY ELECT  TO  CONTRIBUTE  TO  THE  SCHOOL-BASED
HEALTH  CENTERS  FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR
AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
VIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. THE  COMMISSIONER
SHALL  ALSO ENSURE THAT A DESCRIPTION OF A SCHOOL-BASED HEALTH CENTER IS
INCLUDED WITHIN THE TAX FORM PREPARATION INSTRUCTION  BOOKLET.  NOTWITH-
STANDING  ANY  OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO
THIS SECTION SHALL BE CREDITED TO THE SCHOOL-BASED HEALTH  CENTERS  FUND
AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION EIGHTY-ONE OF THE
STATE FINANCE LAW.
  S  2.  The  state finance law is amended by adding a new section 81 to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10009-04-0

S. 4158--A                          2
              

  S 81. SCHOOL-BASED HEALTH CENTERS FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF  HEALTH,
A SPECIAL FUND TO BE KNOWN AS THE "SCHOOL-BASED HEALTH CENTERS FUND".
  2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW, AND ALL OTHER
MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
FUND  OR  SOURCE PURSUANT TO LAW. NOTHING CONTAINED HEREIN SHALL PREVENT
THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE  PURPOSES  OF
THE  FUND  AS  DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND
ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED TO FUND EXPANSION  OF  MEDICAL
SERVICES  AT  EXISTING  SCHOOL-BASED  HEALTH CENTERS OR TO ESTABLISH NEW
SCHOOL-BASED HEALTH CENTERS.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
  5. AMOUNTS EXPENDED FOR SCHOOL-BASED HEALTH CENTERS PURSUANT  TO  THIS
SECTION SHALL NOT AFFECT THE AMOUNT THAT WOULD OTHERWISE BE APPROPRIATED
FOR SCHOOL-BASED HEALTH CENTERS UNDER ANY OTHER PROVISION OF LAW.
  6.  SERVICES  PERFORMED  BY  SCHOOL-BASED HEALTH CENTERS AVAILABLE FOR
MONEYS FROM THIS FUND SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A. COMPREHENSIVE PHYSICAL HEALTH AND MENTAL HEALTH ASSESSMENTS;
  B. DIAGNOSIS AND TREATMENT OF ACUTE ILLNESSES;
  C. VISION, HEARING, DENTAL, NUTRITIONAL, AND TUBERCULOSIS SCREENINGS;
  D. ROUTINE MANAGEMENT OF CHRONIC DISEASES;
  E. HEALTH EDUCATION;
  F. MENTAL HEALTH COUNSELING AND REFERRALS;
  G. IMMUNIZATIONS;
  H. WORKING PAPERS AND SPORTS PHYSICALS; AND
  I. POPULATION-BASED PRIMARY PREVENTION.
  SERVICES SHALL  BE  PROVIDED  ON-SITE  BY  A  MULTI-DISCIPLINARY  TEAM
CONSISTING OF A MID-LEVEL PRACTITIONER, A MENTAL HEALTH COUNSELOR, AND A
MEDICAL  ASSISTANT  IN  CONSULTATION WITH A PHYSICIAN. THE CENTERS SHALL
ALSO PROVIDE ACCESS TO HEALTH CARE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
PER WEEK.
  S 3. This act shall take effect immediately.