Assembly Bill A5953A

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

                                 5953--A
                                                        Cal. No. 277

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2013
                               ___________

Introduced  by  M. of A. GUNTHER, MOSLEY, McDONALD -- Multi-Sponsored by
  -- M. of A.  COLTON, COOK, DUPREY, PERRY, RIVERA, SWEENEY -- read once
  and referred to the Committee on Ways and Means -- advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

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  FOURTEEN,  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
CONTRIBUTION. 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

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

                                                           LBD09216-02-4

A. 5953--A                          2

AND THE STATE COMPTROLLER, A SPECIAL FUND TO BE  KNOWN  AS  THE  "MENTAL
ILLNESS ANTI-STIGMA FUND".
  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 7.45 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 7.45 to
read as follows:
S 7.45 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.