BILL NUMBER:  S2340

 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 TEE 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 6 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 52 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 TEE 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

2015-2016: Referred to education

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect April 1, 2018.

                                 BILL NUMBER:  S2340A

 TITLE OF BILL :

An act to amend the education law, in relation to requiring domestic
violence awareness curriculum

 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 6 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 52 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 TRANS-
MITTED 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 TEE 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
2015-2016: Referred to education

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect April 1, 2018.

                                 BILL NUMBER:  S2340B      Revised 5/17/17

 TITLE OF BILL :  An act to amend the education law, in relation to
requiring domestic violence awareness curriculum

 PURPOSE OR GENERAL IDEA OF BILL :

To establish domestic violence awareness instruction which may be used
by schools within their curriculum.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. The education law is amended to add a new section 804-e
that requires the commissioner of education, in consultation with the
state office for the prevention of domestic violence and the
department of social services, to establish a curriculum for
instruction regarding domestic violence awareness to be available to
school districts. In addition, schools are permitted to include such
curriculum as a component of its health curriculum or any other way
schools deem appropriate.

Section 2. Effective date of July 1, 2018.

 JUSTIFICATION :

Oftentimes, domestic violence exists as both a norm and a stigma in a