senate Bill S1871

2011-2012 Legislative Session

Requires domestic violence awareness in a school curriculum and establishes a domestic violence awareness trust fund

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 13, 2011 referred to education

Co-Sponsors

S1871 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §804-e, Ed L; amd §§14-a & 15, Dom Rel L; amd §4139, Pub Health L; add §81, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S5187

S1871 - Bill Texts

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Requires domestic violence awareness in school curriculums and further increases the fees charged for the issuance of a marriage license and filing of certificates of dissolution of marriage for the purposes of establishing a domestic violence awareness trust fund for the maintenance of domestic violence programs.

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BILL NUMBER:S1871

TITLE OF BILL:
An act
to amend the education law, in relation to requiring domestic violence
awareness in the curriculum and to amend the domestic relations law, the
public health law and the state finance law, in relation to increasing
fees charged for the issuance of a marriage license and filing of
certificates of dissolution of marriage for the purposes of establishing
and maintaining domestic violence programs

PURPOSE OR GENERAL IDEA OF BILL:
To create a fund that will be used for a domestic violence
awareness program in health courses.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The education law is
amended by adding a new section 804-e to read as follows:

Section 804-e. Domestic violence awareness.

1. All schools shall be authorized to include instruction with
regards to domestic violence awareness.

2. Instruction regarding domestic violence awareness shall be
included in the health education provided for all pupils and shall
be taught by teachers holding a certificate to teach health. Such
instruction shall be designed according to the needs and abilities
of the pupils at successive grade levels with the purpose of
developing awareness of domestic violence issues and promoting
knowledge of prevention, identification and screening protections
provided by statewide and community based organizations.

3. The commissioner shall promulgate rules and regulations to
establish a curriculum for instruction regarding domestic violence
awareness to be available in school districts. The contents may be
varied to meet the needs of particular school districts, or
portions thereof, and need not be uniform throughout the state.

4. School authorities shall be authorized to provide the needed
facilities, time, and place for the instruction set forth in this
section and to provide learning aids and curriculum resource
materials which contribute to effective teaching methods and
learning in health education regarding domestic violence
awareness.

Section 2 Paragraph a of subdivision 2 of section 14-a of the
domestic relations law, as amended by chapter 413 of the laws of
1991, is amended to read as follows:

a.
Such town and city clerks shall be entitled to a fee for such
certificate, payable at the time of issuance of the marriage
license, in a sum not exceeding {ten} fifteen dollars, to be fixed
in the case of town clerks by the town board, and in the case of
city clerks by the common council or governing body of such cities.


The town and city clerks shall, upon request of any applicant
whose name appears thereon, issue a similar certificate of
marriage, as set forth above, and similarly expanded with
additional facts upon the express additional request, for all
marriages heretofore indexed and recorded in the office of the
town or city clerks. For such certificate of marriage, the town
and city clerks shall be entitled to a fee not exceeding {ten}
fifteen dollars,
to be fixed in the case of town clerks by the
town board and in the case of city clerks by the common council or
governing body of such city.

Section 3 Section 14-a of the domestic relations law is amended by
adding a new subdivision 5 to read as follows:

5.
On or before the fifteenth day of each month, five dollars of all
amounts received from the fees provided for in this section
shall be transmitted to the state comptroller for deposit into the
domestic violence awareness trust fund provided for in section
seventy-nine of the state finance law.

Section 4. Subdivision 3 of section 15 of the domestic violence
law as amended by section 5 of part W2 of chapter 62 of the laws
of 2003, is amended to read as follows:

3...before issuing any licenses herein provided for, the town or
city clerk shall be entitled to a fee of {thirty}
thirty-five
dollars, which sum shall be paid by the applicants before or at
the time the license is issued.
...on or before the fifteenth day of each month, each town and
city clerk, except in the city of New York, shall transmit to the
state commissioner of health {twenty-two}
twenty-seven dollars and
fifty cents of which shall be paid into the vital records
management account as provided by section ninety-seven-cccc of the
state finance law
and five dollars of which shall be deposited
into the domestic violence awareness trust fund provided for in
section seventy-nine of the state finance law.

Subdivision 4 of section 15 of the domestic relations law, as
amended by chapter 424 of the laws of 1990, is amended to read as
follows:

4. Notwithstanding any other provision of this section, the city
clerk of the city of New York, before issuing any licenses herein
provided for, shall be entitled to a fee of {twenty-five}
thirty
dollars, which sum shall be paid by the applicants before or at
the time the license is issued {and all} twenty-five dollars of
the amount received from
such fees {so received} shall be paid
monthly into the city treasury.


Section 6. Section 15 of the domestic relations law is amended by
adding a new subdivision 5 to read as follows:

5. On or before the fifteenth day of each month, five dollars of
the amount received from the fees provided in this section shall
be transmitted to the state comptroller into the domestic violence
awareness trust fund provided for in section seventy-nine of the
state finance law.

Subdivisions 6 and 7 of section 4139 of the public health law, as
amended by section 1 of part W2 of chapter 62 of the laws of 2003,
are amended to read as follows:

6. The commissioner shall be entitled to a fee of {thirty}
thirty-five
dollars for each certification, certified copy or certified
transcript of certificate of dissolution of marriage furnished.

7. For a search of the files where no such certification, certified
copy, or certified transcript is furnished, or for a certification
that a search discloses no record of a dissolution of marriage,
the commissioner shall be entitled to a fee of {thirty}
thirty-five dollars.

Section 4139 of the public health law is amended by adding a new
subdivision 9 to read as follows:

9. On or before the fifteenth day of each month, five dollars of
the amount received from the fees provided for in this section shall
be transmitted to the state comptroller for deposit into the
domestic violence awareness trust fund provided for in section
seventy-nine of the state finance law.

The state finance law is amended by adding a new section 79 to
read as follows:

79. Domestic violence awareness trust fund.

1. There is hereby established in joint custody of the comptroller
and the commissioner of taxation and finance a separate and
distinct fund to be known as the domestic violence awareness trust
fund. Such fund shall consist of any monies collected from that
portion of marriage license fees and certificates of dissolution
of marriage specifically provided for deposit into such fund and
funds from any other source including but not limited to federal
funds, donations from private individuals, corporations or
foundations, and any interest earnings which may accrue from the
investment of monies in the fund, for the implementation of
programs provided for in this section. All funds received by the
comptroller on behalf of the fund shall be deposited by the
comptroller to the credit of the fund.

2. Donations from private individuals, corporations, or
foundations deposited in the fund may be invested by the
comptroller pursuant to the provisions of section ninety-eight-a
of this article. Any income from such investments shall be
deposited to the credit of the fund.


3. Monies of the fund, when allocated, shall be available to the
office for the prevention for domestic violence for the
establishment and maintenance of domestic violence programs.

4. Monies shall be payable from the fund on the audit and warrant
of the comptroller on vouchers approved and certified by the
director of the office for the prevention of domestic violence.

5. Monies from the additional marriage license fees and
certificates of dissolution of marriage specifically deposited
into the fund as provided by law shall be a supplemental source
of funding for domestic violence programs and shall not be used to
replace or diminish the appropriation of funds out of the
general fund or from any source of money to such programs or to
the office of domestic violence. Furthermore, nothing contained in
this section is intended to prohibit the appropriation of other
funds out of the state general fund to the office or to other
domestic violence programs; provided, however that such programs
may use the funding provided by the fund to replace funding from
other sources.

JUSTIFICATION:
In order to end this epidemic, we must inform the
youth of this problem and make available to them options if they
are being victimized.

PRIOR LEGISLATIVE HISTORY:
2007/08: A.4583 Referred to Education

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect April 1, 2012.

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

                                  1871

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN  ACT  to  amend  the education law, in relation to requiring domestic
  violence awareness  in  the  curriculum  and  to  amend  the  domestic
  relations  law,  the  public  health law and the state finance law, in
  relation to increasing fees charged for the  issuance  of  a  marriage
  license  and filing of certificates of dissolution of marriage for the
  purposes of establishing and maintaining domestic violence programs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The education law is amended by adding a new section 804-e
to read as follows:
  S 804-E. DOMESTIC VIOLENCE AWARENESS. 1. ALL SCHOOLS SHALL BE  AUTHOR-
IZED TO INCLUDE INSTRUCTION WITH REGARDS TO DOMESTIC VIOLENCE AWARENESS.
  2. INSTRUCTION REGARDING DOMESTIC VIOLENCE AWARENESS SHALL BE INCLUDED
IN  THE  HEALTH EDUCATION PROVIDED FOR ALL PUPILS AND SHALL BE TAUGHT BY
TEACHERS HOLDING A CERTIFICATE TO TEACH HEALTH. SUCH  INSTRUCTION  SHALL
BE  DESIGNED  ACCORDING  TO  THE  NEEDS  AND  ABILITIES OF THE PUPILS AT
SUCCESSIVE GRADE LEVELS WITH THE  PURPOSE  OF  DEVELOPING  AWARENESS  OF
DOMESTIC  VIOLENCE  ISSUES  AND PROMOTING KNOWLEDGE OF PREVENTION, IDEN-
TIFICATION AND SCREENING PROTECTIONS PROVIDED BY STATEWIDE AND COMMUNITY
BASED ORGANIZATIONS.
  3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  TO  ESTAB-
LISH  A CURRICULUM FOR INSTRUCTION REGARDING DOMESTIC VIOLENCE AWARENESS
TO BE AVAILABLE IN SCHOOL DISTRICTS. THE CONTENTS MAY BE VARIED TO  MEET
THE  NEEDS OF PARTICULAR SCHOOL DISTRICTS, OR PORTIONS THEREOF, AND NEED
NOT BE UNIFORM THROUGHOUT THE STATE.
  4. SCHOOL AUTHORITIES SHALL BE AUTHORIZED TO PROVIDE THE NEEDED FACIL-
ITIES, TIME, AND PLACE FOR THE INSTRUCTION SET FORTH IN THIS SECTION AND
TO  PROVIDE  LEARNING  AIDS  AND  CURRICULUM  RESOURCE  MATERIALS  WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05818-01-1

S. 1871                             2

CONTRIBUTE  TO  EFFECTIVE TEACHING METHODS AND LEARNING IN HEALTH EDUCA-
TION REGARDING DOMESTIC VIOLENCE AWARENESS.
  S  2.  Paragraph  a  of  subdivision 2 of section 14-a of the domestic
relations law, as amended by chapter 413 of the laws of 1991, is amended
to read as follows:
  a. Such town and city clerks shall be  entitled  to  a  fee  for  such
certificate, payable at the time of issuance of the marriage license, in
a  sum  not  exceeding [ten] FIFTEEN dollars, to be fixed in the case of
town clerks by the town board, and in the case of  city  clerks  by  the
common  council  or  governing  body  of  such cities. The town and city
clerks shall, upon request of any applicant whose name appears  thereon,
issue  a  similar certificate of marriage, as set forth above, and simi-
larly  expanded  with  additional  facts  upon  the  express  additional
request, for all marriages heretofore indexed and recorded in the office
of  the  town or city clerks. For such certificate of marriage, the town
and city clerks shall be entitled to a fee not exceeding  [ten]  FIFTEEN
dollars,  to  be fixed in the case of town clerks by the town board, and
in the case of city clerks by the common council or  governing  body  of
such city.
  S 3. Section 14-a of the domestic relations law is amended by adding a
new subdivision 6 to read as follows:
  6.  ON  OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF ALL
AMOUNTS RECEIVED FROM THE FEES PROVIDED FOR IN  THIS  SECTION  SHALL  BE
TRANSMITTED  TO  THE  STATE  COMPTROLLER  FOR  DEPOSIT INTO THE DOMESTIC
VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-ONE OF  THE
STATE FINANCE LAW.
  S  4.  Subdivision  3  of section 15 of the domestic relations law, as
amended by section 5 of part W2 of chapter 62 of the laws  of  2003,  is
amended to read as follows:
  3.  If it shall appear upon an application for a marriage license that
either party is under the age of sixteen years, the town or  city  clerk
shall require, in addition to any consents provided for in this section,
the written approval and consent of a justice of the supreme court or of
a  judge  of the family court, having jurisdiction over the town or city
in which the application is made, to be attached to or endorsed upon the
application, before the license is  issued.  The  application  for  such
approval and consent shall be heard by the judge at chambers. All papers
and  records  pertaining  to any such application shall be sealed by him
and withheld from inspection, except by order of a  court  of  competent
jurisdiction.  Before issuing any licenses herein provided for, the town
or city clerk shall  be  entitled  to  a  fee  of  [thirty]  THIRTY-FIVE
dollars, which sum shall be paid by the applicants before or at the time
the  license is issued. Any town or city clerk who shall issue a license
to marry any persons one or both of whom shall not be at the time of the
marriage under such license legally competent  to  marry  without  first
requiring  the  parties  to  such  marriage  to make such affidavits and
statements or who shall not require the production of documentary  proof
of  age  or  the  procuring of the approval and consents provided for by
this article, which shall show  that  the  parties  authorized  by  said
license to be married are legally competent to marry, shall be guilty of
a misdemeanor and on conviction thereof shall be fined in the sum of one
hundred  dollars  for each and every offense. On or before the fifteenth
day of each month, each town and city clerk, except in the city  of  New
York,  shall  transmit  to the state commissioner of health [twenty-two]
TWENTY-SEVEN dollars and fifty cents of the amount received for each fee
collected, TWENTY-TWO DOLLARS AND FIFTY CENTS OF  which  shall  be  paid

S. 1871                             3

into  the  vital records management account as provided by section nine-
ty-seven-cccc of the state finance law AND FIVE DOLLARS OF  WHICH  SHALL
BE  DEPOSITED  INTO  THE DOMESTIC VIOLENCE AWARENESS TRUST FUND PROVIDED
FOR  IN  SECTION  EIGHTY-ONE  OF  THE STATE FINANCE LAW. In any city the
balance of all fees collected for the issuing of a marriage license,  or
for solemnizing a marriage, so far as collected for services rendered by
any  officer  or  employee  of such city, shall be paid monthly into the
city treasury and may by ordinance  be  credited  to  any  fund  therein
designated,  and said ordinance, when duly enacted, shall have the force
of law in such city. Notwithstanding any other provisions of this  arti-
cle,  the  clerk  of any city with the approval of the governing body of
such city is hereby authorized to designate, in  writing  filed  in  the
city clerk's office, a deputy clerk, if any, and/or other city employees
in such office to receive applications for, examine applications, inves-
tigate  and  issue  marriage licenses in the absence or inability of the
clerk of said city to act, and said deputy and/or  employees  so  desig-
nated  are  hereby  vested  with  all the powers and duties of said city
clerk relative thereto. Such deputy and/or employees shall perform  said
duties without additional compensation.
  S  5.  Subdivision  4  of section 15 of the domestic relations law, as
amended by chapter 424 of the laws  of  1990,  is  amended  to  read  as
follows:
  4. Notwithstanding any other provision of this section, the city clerk
of  the  city  of  New York, before issuing any licenses herein provided
for, shall be entitled to a fee of [twenty-five] THIRTY  dollars,  which
sum shall be paid by the applicants before or at the time the license is
issued  and  [all]  TWENTY-FIVE DOLLARS OF THE AMOUNT RECEIVED FROM such
fees [so received] shall be paid monthly into the city treasury.
  S 6. Section 15 of the domestic relations law is amended by  adding  a
new subdivision 5 to read as follows:
  5.  ON  OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF THE
AMOUNT RECEIVED FROM THE FEES PROVIDED IN THIS SECTION SHALL  BE  TRANS-
MITTED  TO  THE STATE COMPTROLLER FOR DEPOSIT INTO THE DOMESTIC VIOLENCE
AWARENESS TRUST FUND PROVIDED FOR IN SECTION  EIGHTY-ONE  OF  THE  STATE
FINANCE LAW.
  S 7. Subdivisions 6 and 7 of section 4139 of the public health law, as
amended  by  section 1 of part W2 of chapter 62 of the laws of 2003, are
amended to read as follows:
  6. The commissioner shall be entitled to a fee of [thirty] THIRTY-FIVE
dollars for each certification, certified copy or  certified  transcript
of certificate of dissolution of marriage furnished.
  7.  For  a  search of the files where no such certification, certified
copy, or certified transcript is furnished, or for a certification  that
a  search  discloses no record of a dissolution of marriage, the commis-
sioner shall be entitled to a fee of [thirty] THIRTY-FIVE dollars.
  S 8. Section 4139 of the public health law is amended by adding a  new
subdivision 9 to read as follows:
  9.  ON  OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF THE
AMOUNT RECEIVED FROM THE FEES PROVIDED FOR  IN  THIS  SECTION  SHALL  BE
TRANSMITTED  TO  THE  STATE  COMPTROLLER  FOR  DEPOSIT INTO THE DOMESTIC
VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-ONE OF  THE
STATE FINANCE LAW.
  S  9.  The  state finance law is amended by adding a new section 81 to
read as follows:
  S 81. DOMESTIC VIOLENCE AWARENESS TRUST FUND.  1.    THERE  IS  HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER

S. 1871                             4

OF  TAXATION AND FINANCE A SEPARATE AND DISTINCT FUND TO BE KNOWN AS THE
DOMESTIC VIOLENCE AWARENESS TRUST FUND.  SUCH FUND SHALL CONSIST OF  ANY
MONIES  COLLECTED FROM THAT PORTION OF MARRIAGE LICENSE FEES AND CERTIF-
ICATES OF DISSOLUTION OF MARRIAGE SPECIFICALLY PROVIDED FOR DEPOSIT INTO
SUCH  FUND AND FUNDS FROM ANY OTHER SOURCE INCLUDING BUT NOT LIMITED TO,
FEDERAL FUNDS, DONATIONS FROM PRIVATE INDIVIDUALS, CORPORATIONS OR FOUN-
DATIONS AND ANY INTEREST EARNINGS WHICH MAY ACCRUE FROM  THE  INVESTMENT
OF  MONIES  IN THE FUND, FOR THE IMPLEMENTATION OF PROGRAMS PROVIDED FOR
IN THIS SECTION.  ALL FUNDS RECEIVED BY THE COMPTROLLER ON BEHALF OF THE
FUND SHALL BE DEPOSITED BY THE COMPTROLLER TO THE CREDIT OF THE FUND.
  2. DONATIONS FROM PRIVATE INDIVIDUALS,  CORPORATIONS,  OR  FOUNDATIONS
DEPOSITED IN THE FUND MAY BE INVESTED BY THE COMPTROLLER PURSUANT TO THE
PROVISIONS  OF  SECTION NINETY-EIGHT-A OF THIS ARTICLE.  ANY INCOME FROM
SUCH INVESTMENTS SHALL BE DEPOSITED TO THE CREDIT OF THE FUND.
  3. MONIES OF THE FUND, WHEN  ALLOCATED,  SHALL  BE  AVAILABLE  TO  THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE FOR THE ESTABLISHMENT AND
MAINTENANCE OF DOMESTIC VIOLENCE PROGRAMS.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  DIRECTOR  OF
THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE.
  5.  MONIES  FROM THE ADDITIONAL MARRIAGE LICENSE FEES AND CERTIFICATES
OF DISSOLUTION OF MARRIAGE  SPECIFICALLY  DEPOSITED  INTO  THE  FUND  AS
PROVIDED  BY  LAW SHALL BE A SUPPLEMENTAL SOURCE OF FUNDING FOR DOMESTIC
VIOLENCE PROGRAMS AND SHALL NOT BE USED TO REPLACE OR  TO  DIMINISH  THE
APPROPRIATION  OF  FUNDS  OUT  OF THE GENERAL FUND OR FROM ANY SOURCE OF
MONEY TO SUCH PROGRAMS OR TO THE OFFICE FOR THE PREVENTION  OF  DOMESTIC
VIOLENCE.  FURTHERMORE, NOTHING CONTAINED IN THIS SECTION IS INTENDED TO
PROHIBIT THE APPROPRIATION OF OTHER FUNDS OUT OF THE STATE GENERAL  FUND
TO  THE OFFICE OR TO OTHER DOMESTIC VIOLENCE PROGRAMS; PROVIDED, HOWEVER
THAT SUCH PROGRAMS MAY USE THE FUNDING PROVIDED BY THE FUND  TO  REPLACE
FUNDING FROM OTHER SOURCES.
  S 10. This act shall take effect April 1, 2012.

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