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

                                 632--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. CARLUCCI, CROCI, LARKIN, LATIMER, ORTT -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Investigations  and Government Operations -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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  FIFTEEN,  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02004-08-5
              

S. 632--A                           2

  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
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 7.47 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 7.47 to
read as follows:
S 7.47 MENTAL ILLNESS ANTI-STIGMA GRANTS.
  (A)  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.
  (B) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  COMPTROLLER
SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED  IN
THE  MENTAL  ILLNESS ANTI-STIGMA FUND DURING THE PRECEDING CALENDAR YEAR
AS THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION SIX  HUNDRED  TWEN-
TY-NINE-A OF THE TAX LAW.
  (C) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF  MENTAL HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESI-
DENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE
COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF  THE
SENATE  COMMITTEE  ON  MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, AND
CHAIR OF THE ASSEMBLY  MENTAL  HEALTH  COMMITTEE.    SUCH  REPORT  SHALL
INCLUDE  HOW  THE  MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING
CALENDAR YEAR AND SHALL INCLUDE:
  (1) THE AMOUNT OF MONEY DISPERSED FROM THE FUND;
  (2) RECIPIENTS OF AWARDS FROM THE FUND;
  (3) THE AMOUNT AWARDED TO EACH; AND
  (4) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
  S 4. This act shall take effect immediately.