senate Bill S705

2013-2014 Legislative Session

Outlines criteria by which the commissioner of health shall appoint a director of the acquired immune deficiency syndrome institute

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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 08, 2014 referred to health
Jan 09, 2013 referred to health

S705 - Bill Details

See Assembly Version of this Bill:
A3723
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง2775, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S3678, A6073

S705 - Bill Texts

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Outlines criteria by which the commissioner of health shall appoint a director of the acquired immune deficiency syndrome institute.

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BILL NUMBER:S705

TITLE OF BILL:
An act
to amend the public health law, in relation to appointment by the
commissioner of health of a director for the acquired immune deficiency
syndrome institute

PURPOSE OR GENERAL IDEA OF BILL:
Requires the director be
representative of the population living w1th HIV/AIDS.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 is amended to reflect the following:

The director is appointed for a four year term, and may be
re-appointed by the Commissioner up to two additional terms of four
years upon the recommendation of the advisory council.

Section 1 is further amended to reflect the following:

The pool of candidates submitted by the advisory council for Director
shall be representative of the population living with HIV/AIDS in New
York State

JUSTIFICATION:
New York City is one of three epicenters for HIV/AIDS in the United
States, and has the 2nd highest AIDS case rates in the United States
at 40.8% with growth rates of infection in Brooklyn increasing 25%
each year.

According to the latest Center for Disease Control statistics in 2007
for New York State, 43.9% of those infected with HIV/AIDS are African
American, and 29.6% are Hispanic. Yet when looking at the
leadership of the AIDS Institute, it does not reflect the faces of
those living with HIV/AIDS. There are no Blacks indigenous to the
United States, and the Hispanic membership is not representative of
the infected population of Hispanics within New York State.

There is a need to address the disproportionate impact of HIV/AIDS
on African Americans and Hispanics in New York state. By having the
director appointed from a pool of candidates that represent the
population of those living with HIV/AIDS in New York state, those
issues that may
affect that population, which include care and prevention services,
housing, discrimination of persons with HIV/AIDS, and prescription
services can be better appreciated, understood, and addressed in a
comprehensive and productive manner.

PRIOR LEGISLATIVE HISTORY:

S.3678 of 2011
03/02/11 REFERRED TO HEALTH
01/04/12 REFERRED TO HEALTH

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

EFFECTIVE DATE:
This act shall take effect two years after it shall have become
a law.

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

                                   705

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the public health law, in relation to appointment by the
  commissioner of health of a director for the acquired immune deficien-
  cy syndrome institute

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

  Section  1. Subdivision 2 of section 2775 of the public health law, as
added by chapter 823 of the laws of 1983, is amended and a new  subdivi-
sion 3 is added to read as follows:
  2. The commissioner shall appoint a director of the institute [and may
assign such personnel within the amounts appropriated as is necessary to
carry  out the provisions of this article].  THE DIRECTOR MUST BE CHOSEN
FROM A POOL OF CANDIDATES SUBMITTED BY THE ADVISORY COUNCIL. THE  DIREC-
TOR SHALL BE APPOINTED FOR A TERM OF FOUR YEARS, AND MAY BE RE-APPOINTED
UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL FOR UP TO TWO ADDITIONAL
TERMS  OF  FOUR  YEARS.  IN NO CASE SHALL ANY DIRECTOR SERVE MORE THAN A
TOTAL OF TWELVE YEARS. IF A DIRECTOR IS NOT RECOMMENDED FOR  RE-APPOINT-
MENT  AFTER HIS OR HER FOUR YEAR TERM, A NEW POOL OF CANDIDATES SHALL BE
SUBMITTED BY THE ADVISORY COUNCIL, UPON  WHICH  THE  COMMISSIONER  SHALL
APPOINT A NEW DIRECTOR. THE POOL OF CANDIDATES SUBMITTED BY THE ADVISORY
COUNCIL SHALL BE REPRESENTATIVE OF THE INFECTED POPULATION WITH HIV/AIDS
IN  THE  STATE  OF  NEW  YORK  BASED ON CENTER FOR DISEASE CONTROL (CDC)
STATISTICS INCLUDING RACE, ETHNICITY, AND GENDER.
  3. THE DIRECTOR, IN CONSULTATION WITH THE ADVISORY BOARD SHALL PROVIDE
FOR THE EMPLOYMENT AND REMOVAL OF SUCH EMPLOYEES OF THE  AIDS  INSTITUTE
AS HE OR SHE MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND
WITHIN  THE  AMOUNTS  APPROPRIATED  AS  IS  NECESSARY  TO  CARRY OUT THE
PROVISIONS OF THIS ARTICLE.
  S 2. This act shall take effect two years after it shall have become a
law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00180-01-3

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