NY State Senate Bill 2015-S4039

Senate Bill S4039

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2015	referred to health

2015-S4039 (ACTIVE) - Details

See Assembly Version of this Bill:: A4344
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2775, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3678, A6073
2013-2014: S705, A3723

2015-S4039 (ACTIVE) - Summary

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

2015-S4039 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4039

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 represen-
tative of the population living with 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 direc-
tor 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 01/09/13REFERRED TO HEALTH 01/08/14REFERRED
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.

2015-S4039 (ACTIVE) - Bill Text download pdf

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

                                  4039

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

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 CENTERS 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.
                                                           LBD00949-01-5

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