Senate Bill S7120A

                                
 
BILL NUMBER: S7120

SPONSOR: CARLUCCI
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to
section 3 of article 17 of the constitution and repealing section 4 of
article 17 of the constitution, in relation to the protection and
promotion of the mental health of New Yorkers

 
PURPOSE:

Mandates the State to provide for the mental health treatment of its
residents by assuring that the State Constitution treats mental health
in the same manner as it treats physical health.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the constitution by adding language to section 3 of
article 17 that requires parity in the mental and physical health treat-
ment of New Yorkers. Both mental and physical health "will be matters of
              

public concern and provision therefor shall be made by the state and by
such of its subdivisions."

Section 2 amends the constitution by repealing section 4 of article 17.
The current section 4 provides for the manner in which the state
provides mental health treatment. Mental health treatment will hence-
forth be covered by section 3.

Section 3 provides the manner in which this amendment would be voted on
after the next general election of members of the legislature.

 
JUSTIFICATION:

While the New York State Constitution in Article 17, § 3 makes physical
health a matter of public concern that must be provided for by the state
and its subdivisions, no such constitutional protection is provided for
mental health treatment. Instead the Constitution in Article 17, § 4
provides only that mental health treatment and services "may be provided
by state and local authorities." The State has a mandatory obligation to
provide for physical health, while it is merely permitted to provide for
mental health.  This amendment would provide for parity in the treatment
of mental and physical health. Establishing mental health treatment in
the State Constitution as a matter of public concern would serve as a
declaration of basic rights and a clear policy directive that mental
health is as important as physical health to the well-being of all New
Yorkers. Beyond the symbolic value of this declaration, elevating the
importance of mental health treatment in the Constitution is a signif-
icant substantive action which should help eliminate the stigma of
mental illness.

Article 17, § 3 has the same mandatory language as the aid for the needy
provision of Article 17, § 1 of the Constitution. They are state consti-
tutional mandates. Making mental health treatment a matter of public
concern and requiring that the state provide for mental health will
provide a positive constitutional right for mental health consumers. It
will provide a guaranteed bedrock of rights - arguably a mandatory obli-
gation which will support individual and families in need of mental

health treatment and should provide substantial social benefits for the
State of New York.

 
LEGISLATIVE HISTORY:

New provision.

 
FISCAL IMPLICATION:

To Be Determined

 
EFFECTIVE DATE:
Per section 1 of article 19 of the constitution, this amendment will be
effective on the first day of January after its approval by the elector-
ate.