Senate Bill S5869

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5869
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to a New York  state
   joint  eating  disorder  awareness  campaign;  and  to amend the state
   finance law, in relation to the New York state joint  eating  disorder
   awareness campaign fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 7.49 to read as follows:
 § 7.49 NEW YORK STATE JOINT EATING DISORDER AWARENESS CAMPAIGN.
   (A)  THE  OFFICE,  IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, SHALL
 ESTABLISH, AND SHALL CONTRACT WITH A CONSULTANT TO PROMOTE AND  MAINTAIN
 THE NEW YORK JOINT EATING DISORDER AWARENESS CAMPAIGN.
   (B)  THE  COMMISSIONER  MAY  ENTER  INTO A MULTI-YEAR CONTRACT FOR THE
 OPERATION AND PROMOTION OF THE NEW  YORK  STATE  JOINT  EATING  DISORDER
 AWARENESS  CAMPAIGN  SUBJECT  TO  SUCH  TERMS  AND  CONDITIONS AS MAY BE
 CONTAINED WITHIN SUCH CONTRACT WITH A NOT-FOR-PROFIT  ORGANIZATION  THAT
 HAS  EXPERIENCE  WORKING  WITH  NEW  YORK  STATE ORGANIZATIONS THAT HAVE
 EXPERTISE IN EATING DISORDER AWARENESS CAMPAIGNS, AND IS AFFILIATED WITH
 THE EATING DISORDER COMMUNITY THROUGHOUT THE STATE.  THE CONTRACTOR  MAY
 SUBCONTRACT AS NEEDED FOR THE EFFECTIVE PERFORMANCE OF THE CONTRACT. ALL
 SUCH  SUBCONTRACTORS AND THE TERMS OF SUCH SUBCONTRACTS SHALL BE SUBJECT
 TO APPROVAL BY THE COMMISSIONER.
   (C) THE CONTRACTOR SHALL MAKE A REPORT, INCLUDING BUT NOT LIMITED  TO,
 THE FOLLOWING:
   (1)  THE  ANNUAL  DOLLAR AMOUNT OF VOLUNTARY CONTRIBUTIONS RECEIVED BY
 THE CONTRACTOR FOR THE PURPOSES OF MAINTAINING THE NEW YORK STATE EATING
 DISORDER EDUCATIONAL AND AWARENESS CAMPAIGNS AND INITIATIVES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11722-01-9
              

 S. 5869                             2
 
   (2) A DESCRIPTION OF THE AWARENESS CAMPAIGNS  AND  INITIATIVES  IMPLE-
 MENTED DURING THE YEAR; AND
   (3)  ACCOUNTING  STATEMENTS  OF EXPENDITURES FOR THE PURPOSES OF MAIN-
 TAINING THE AWARENESS CAMPAIGNS AND INITIATIVES.
   (D) (1) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH  MARCH
 THIRTY-FIRST,  TWO THOUSAND TWENTY-ONE, PAYMENTS TO THE CONTRACTOR SHALL
 BE PAID BY THE DEPARTMENT.
   (2) FOR THE PERIOD BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-ONE  AND
 THEREAFTER,  PAYMENTS  TO THE CONTRACTOR SHALL BE PAID BY THE DEPARTMENT
 FROM FUNDS AVAILABLE FOR THESE PURPOSES, INCLUDING, BUT NOT LIMITED  TO,
 THE FUNDS DEPOSITED INTO THE NEW YORK STATE JOINT EATING DISORDER AWARE-
 NESS  CAMPAIGN  FUND  PURSUANT  TO  SECTION  NINETY-FIVE-J  OF THE STATE
 FINANCE LAW.
   (3) IN ADDITION, THE CONTRACTOR MAY RECEIVE AND USE VOLUNTARY CONTRIB-
 UTIONS.
   § 2. The state finance law is amended by adding a new section 95-j  to
 read as follows:
   §  95-J. NEW YORK STATE JOINT EATING DISORDER AWARENESS CAMPAIGN FUND.
 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER
 OF  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN
 AS THE "NEW YORK STATE JOINT EATING DISORDER AWARENESS CAMPAIGN FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  7.49  OF  THE  MENTAL HYGIENE 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. MONEYS SHALL BE PAYABLE FROM  THE  FUND  ON  THE
 AUDIT  AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED
 BY THE COMMISSIONER OF MENTAL HEALTH. NOTHING CONTAINED IN THIS  SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE  FUND  ACCORDING TO LAW. ANY INTEREST RECEIVED BY THE COMPTROLLER ON
 MONEYS ON DEPOSIT IN SUCH FUND SHALL BE RETAINED IN AND BECOME  PART  OF
 SUCH FUND.
   3.  MONEYS OF THE FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS TO THE
 NEW YORK STATE JOINT EATING DISORDER AWARENESS CAMPAIGN FOR PURPOSES  OF
 PROMOTING  NOT-FOR-PROFIT  CORPORATIONS  ESTABLISHED IN THIS STATE WHICH
 ARE INCORPORATED FOR THE PURPOSE OF ADVANCING  AND  FINANCING  NEW  YORK
 STATE EATING DISORDER AWARENESS.
   4.  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, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE
 FINANCE  COMMITTEE,  THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE,
 THE CHAIR OF THE SENATE COMMITTEE ON HEALTH, THE CHAIR OF  THE  ASSEMBLY
 HEALTH  COMMITTEE,  THE  STATE  COMPTROLLER  AND THE PUBLIC. SUCH REPORT
 SHALL INCLUDE HOW THE MONIES  OF  THE  FUND  WERE  UTILIZED  DURING  THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.

 S. 5869                             3
 
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 taxable  years  beginning  on or after such date. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.