NY State Senate Bill 2023-S6080A

Senate Bill S6080A

2023-2024 Legislative Session

Relates to the ability for school districts to implement telehealth school-based mental health clinics

download bill text pdf

Current Bill Status - In Senate Committee Education 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2024	print number 6080a
Mar 25, 2024	amend and recommit to education
Jan 03, 2024	referred to education
Mar 28, 2023	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S6080 - Details

See Assembly Version of this Bill:: A9790
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §414, Ed L; amd §2999-dd, Pub Health L; add §99-rr, St Fin L; amd §1367, RWB L

2023-S6080 - Summary

Grants school districts the ability to implement telehealth school-based mental health clinics; establishes the student mental telehealth reimbursement fund; relates to funding the student mental telehealth reimbursement fund.

2023-S6080 - Sponsor Memo

                                 
BILL NUMBER: S6080

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to the ability for school districts to implement telehealth school-based
mental health clinics; to amend the state finance law, in relation to
the student mental telehealth reimbursement fund; and to amend the
racing, pari-mutuel wagering and breeding law, in relation to funding
the student mental telehealth reimbursement fund

 
PURPOSE:

This legislation establishes a process through which school districts
may create and administer mental health services via telehealth deliv-
ery. Additionally, this legislation provides a fund and dedicated fund-
ing source for school districts to access state aid for the purposes of
administering mental health telehealth services.

 
SUMMARY OF PROVISIONS:

Section 1: amends subparagraph (i) of paragraph (j) of subdivision 1 of
section 414 of the education law to establish that a school-based mental
health clinic that operates as a telehealth clinic falls under the defi-
nition of a licensed school-based mental health clinic

Section 2: amends section 2999-dd of the public health law adding a new
subdivision 3-a. Subdivision 3-a directs the commissioner of education,
in consultation with the commissioners of health, the office of mental
health, and the office of persons with developmental disabilities, to
promulgate minimum qualifications for school districts to operate tele-
health school-based mental health clinics.

Section 3: amends the state finance law by adding a new section 99-qq.
Section 99-qq establishes the student mental telehealth reimbursement
fund and defines costs incurred by school districts that may be eligible
for reimbursement.

Section 4: amends subdivision 8 of section 1367 of the racing, pari-mu-
tel wagering and breeding law to provide that five percent of the state
tax imposed on mobile sports wagering be dedicated annually to the
student mental telehealth reimbursement fund.

Section 5: effective date.

 
JUSTIFICATION:

In the wake of the COVID-19 pandemic, student mental health and well-be-
ing remain a significant concern for every school district in our state.

In October 2021, the American Academy of Pediatrics, the American Acade-
my of Child and Adolescent Psychiatry, and the Children's Hospital Asso-
ciation declared a state of emergency in children's mental health. Two
months later, the United States Surgeon General issued a detailed advi-
sory on the urgent need to address the nation's youth mental health
crisis, with students reporting higher instances of depression and the
experience of harmful thoughts.

The Youth Risk Behavior Survey, a Centers for Disease Control and
Prevention report documenting youth behavioral trends from 2011-2021,
found that as of 2021, 4 in 10 students felt persistently sad or hope-
less. The report indicates approximately 29 percent of students had
experienced or were experiencing poor mental health. More concerning,
the report identified trends in poor mental health that were escalating
to severe consequences, with more than 1 in 5 students seriously consid-
ering suicide.

New York State is not immune to this concerning national trend. School
administrators and teachers from across the state have been sounding the
alarm for legislative actions and appropriations to bolster their abili-
ties to address student mental health.

This legislation tackles these barriers by expanding school resources
and offering struggling students access to mental health professionals.
Specifically, this bill ensures schools can provide students counseling
via telehealth services. Telehealth is a growing service nationwide,
giving schools flexibility to connect struggling students with a provid-
er, regardless of staffing or a lack of a local physical provider.
Staffing has been a particular burden for New York's rural school
districts.

Studies have shown students who feel connected to others at school
report better mental health. Combatting the adverse effects and outcomes
of students suffering poor mental health is paramount, and school
districts should have the ability to utilize any tool necessary. By
expanding access and providing funds for telehealth, schools will
improve learning environments and potentially save lives.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2023-S6080 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6080
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law and the public health law, in relation
   to the ability for school districts to  implement  telehealth  school-
   based  mental  health  clinics;  to  amend  the  state finance law, in
   relation to the student mental telehealth reimbursement fund;  and  to
   amend  the  racing, pari-mutuel wagering and breeding law, in relation
   to funding the student mental telehealth reimbursement fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (j) of subdivision 1 of
 section 414 of the education law, as amended by chapter 672 of the  laws
 of 2019, is amended to read as follows:
   (i)  For  the purposes of this subdivision, the term "licensed school-
 based health, dental or mental health clinic" means  a  clinic  that  is
 located  in  a  school facility of a school district or board of cooper-
 ative educational services, is operated by  an  entity  other  than  the
 school  district  or  board of cooperative educational services and will
 provide health, dental or mental health  services  during  school  hours
 and/or  non-school  hours to school-age and preschool children, and that
 is: (1) a health clinic approved under the  provisions  of  chapter  one
 hundred  ninety-eight  of the laws of nineteen hundred seventy-eight; or
 (2) another school-based health or dental clinic licensed by the depart-
 ment of health pursuant to article twenty-eight  of  the  public  health
 law;  or (3) a school-based mental health clinic licensed or approved by
 the office of mental health pursuant to article thirty-one of the mental
 hygiene law; or (4) a school-based mental health clinic licensed by  the
 office  for  people  with developmental disabilities pursuant to article
 sixteen of the mental hygiene law; OR (5) A SCHOOL-BASED  MENTAL  HEALTH
 CLINIC  LICENSED PURSUANT TO THE SECTIONS ABOVE THAT OPERATES AS A TELE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10190-01-3
 S. 6080                             2

 
 HEALTH CLINIC AS DEFINED PURSUANT TO SECTION TWENTY-NINE  HUNDRED  NINE-
 TY-NINE-CC OF THE PUBLIC HEALTH LAW.
   §  2.  Section 2999-dd of the public health law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH  THE  COMMIS-
 SIONER,  THE  COMMISSIONER OF MENTAL HEALTH, AND THE COMMISSIONER OF THE
 OFFICE OF PERSONS WITH DEVELOPMENTAL DISABILITIES, SHALL DEVELOP MINIMUM
 QUALIFICATIONS FOR SCHOOL DISTRICTS TO OPERATE  TELEHEALTH  SCHOOL-BASED
 MENTAL HEALTH CLINICS. SUCH QUALIFICATIONS SHALL BE CONSISTENT WITH BEST
 PRACTICES  PURSUANT  TO  SCHOOL-BASED MENTAL HEALTH CLINICS AS CURRENTLY
 OPERATED UNDER EXISTING LAW.
   § 3. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. STUDENT MENTAL TELEHEALTH REIMBURSEMENT  FUND.  1.  THERE  IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER  OF  TAXATION AND FINANCE A FUND TO BE KNOWN AS THE STUDENT
 MENTAL TELEHEALTH REIMBURSEMENT FUND.
   2. SUCH FUND SHALL CONSIST  OF  ALL  REVENUES  GENERATED  PURSUANT  TO
 SUBDIVISION EIGHT OF SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THE RACING,
 PARI-MUTUEL  WAGERING  AND BREEDING LAW AND ALL OTHER MONEYS CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE FUND,  FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE
 SHALL  BE  MADE  AVAILABLE  TO  THE  STATE  EDUCATION DEPARTMENT FOR THE
 PURPOSES OF PROVIDING REIMBURSEMENT TO SCHOOL DISTRICTS FOR THE COSTS OF
 ESTABLISHING AND MAINTAINING SCHOOL-BASED  MENTAL  HEALTH  CLINICS  THAT
 OPERATE  AS  TELEHEALTH  CLINICS PURSUANT TO CLAUSE FIVE OF SUBPARAGRAPH
 (I) OF PARAGRAPH (J) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FOURTEEN
 OF THE EDUCATION LAW. COSTS ELIGIBLE FOR REIMBURSEMENT SHALL INCLUDE BUT
 NOT BE LIMITED TO: CONTRACT COSTS AND FEES  ASSOCIATED  WITH  AGREEMENTS
 WITH  TELEHEALTH PROVIDERS; COSTS OF SERVICES REMITTED TO PROVIDERS ON A
 CASE-BY-CASE BASIS; COSTS  ASSOCIATED  WITH  ACQUIRING  AND  MAINTAINING
 TECHNOLOGICAL   EQUIPMENT   NECESSARY  FOR  TELEHEALTH  SERVICES  TO  BE
 RENDERED; AND COSTS ASSOCIATED WITH ESTABLISHING PHYSICAL  SPACE  NECES-
 SARY FOR TELEHEALTH SERVICES TO BE RENDERED.
   § 4. Subdivision 8 of section 1367 of the racing, pari-mutuel wagering
 and  breeding  law, as added by section 3 of part Y of chapter 59 of the
 laws of 2021, is amended to read as follows:
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile sports wagering gross gaming revenue and  tax  revenue  shall  be
 excluded  from  sports  wagering  gross  gaming revenue and tax revenue.
 Mobile sports wagering tax revenue shall be  separately  maintained  and
 returned to the state for deposit into the state lottery fund for educa-
 tion  aid except as otherwise provided in this subdivision. Any interest
 and penalties imposed by the commission relating  to  those  taxes,  all
 penalties  levied  and  collected by the commission, and the appropriate
 funds, cash or prizes forfeited from sports wagering shall be  deposited
 into  the  state lottery fund for education. In the first fiscal year in
 which mobile sports wagering licensees commence  operations  and  accept
 mobile  sports wagers pursuant to this section, the commission shall pay
 into the commercial gaming fund one percent of the state tax imposed  on
 mobile  sports  wagering  by  this section to be distributed for problem
 gambling education and treatment purposes pursuant  to  paragraph  a  of
 subdivision  four of section ninety-seven-nnnn of the state finance law;
 provided however, that such amount shall be equal to six million dollars
 for each fiscal year thereafter. In  the  first  fiscal  year  in  which
 mobile  sports  wagering licensees commence operations and accept mobile
 S. 6080                             3
 
 sports wagers pursuant to this section, the  commission  shall  pay  one
 percent  of  the  state  tax  imposed  on mobile sports wagering by this
 section to the general fund, a program to be administered by the  office
 of  children and family services for a statewide youth sports activities
 and education grant program for the purpose of providing  annual  awards
 to  sports  programs  for  underserved  youth  under the age of eighteen
 years; provided however, that such amount shall be equal to five million
 dollars for each fiscal year thereafter. The commission shall require at
 least monthly deposits by a platform provider of any  payments  pursuant
 to  subdivision  seven of this section, at such times, under such condi-
 tions, and in such depositories as shall  be  prescribed  by  the  state
 comptroller.  The deposits shall be deposited to the credit of the state
 commercial gaming revenue fund. The commission shall require  a  monthly
 report and reconciliation statement to be filed with it on or before the
 tenth  day  of  each  month, with respect to gross revenues and deposits
 received and made, respectively, during the  preceding  month.  IN  EACH
 FISCAL  YEAR  IN WHICH MOBILE SPORTS LICENSEES OPERATE AND ACCEPT MOBILE
 SPORTS WAGERS PURSUANT TO THIS SUBDIVISION,  THE  COMMISSION  SHALL  PAY
 FIVE  PERCENT OF THE STATE TAX IMPOSED ON MOBILE SPORTS WAGERING BY THIS
 SECTION TO THE STUDENT MENTAL TELEHEALTH REIMBURSEMENT FUND  ESTABLISHED
 PURSUANT  TO  SECTION  NINETY-NINE-QQ  OF  THE STATE FINANCE LAW FOR THE
 PURPOSE OF PROVIDING ANNUAL AWARDS  TO  SCHOOL  DISTRICTS  ADMINISTERING
 SCHOOL-BASED MENTAL HEALTH TELEHEALTH SERVICES.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2023-S6080A (ACTIVE) - Details

See Assembly Version of this Bill:: A9790
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §414, Ed L; amd §2999-dd, Pub Health L; add §99-rr, St Fin L; amd §1367, RWB L

2023-S6080A (ACTIVE) - Summary

2023-S6080A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6080A

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to the ability for school districts to implement telehealth school-based
mental health clinics; to amend the state finance law, in relation to
the student mental telehealth reimbursement fund; and to amend the
racing, pari-mutuel wagering and breeding law, in relation to funding
the student mental telehealth reimbursement fund

 
PURPOSE:

This legislation establishes a process through which school districts
may create and administer mental health services via telehealth deliv-
ery. Additionally, this legislation provides a fund and dedicated fund-
ing source for school districts to access state aid for the purposes of
administering mental health telehealth services.

 
SUMMARY OF PROVISIONS:

Section 1: amends subparagraph (i) of paragraph (j) of subdivision 1 of
section 414 of the education law to establish that a school-based mental
health clinic that operates as a telehealth clinic falls under the defi-
nition of a licensed school-based mental health clinic.

Section 2: amends section 2999-dd of the public health law adding a new
subdivision 3-a. Subdivision 3-a directs the commissioner of education,
in consultation with the commissioners of health, the office of mental
health, and the office of persons with developmental disabilities, to
promulgate minimum qualifications for school districts to operate tele-
health school-based mental health clinics.

Section 3: Amends the state finance law by adding a new section 99-rr.

Section 99-rr establishes the student mental telehealth reimbursement
fund and defines costs incurred by school districts that may be eligible
for reimbursement.

Section 4: amends subdivision 8 of section 1367 of the racing, pari-mu-
tuel wagering and breeding law to provide that five percent of the state
tax imposed on mobile sports wagering be dedicated annually to the
student mental telehealth reimbursement fund.

Section 5: effective date.

 
JUSTIFICATION:

In the wake of the COVID-19 pandemic, student mental health and well-be-
ing remain a significant concern for every school district in our state.

In October 2021, the American Academy of Pediatrics, the American Acade-
my of Child and Adolescent Psychiatry, and the Children's Hospital Asso-
ciation declared a state of emergency in children's mental health. Two
months later, the United States Surgeon General issued a detailed advi-
sory on the urgent need to address the nation's youth mental health
crisis, with students reporting higher instances of depression and the
experience of harmful thoughts.
The Youth Risk Behavior Survey, a Centers for Disease Control and
Prevention report documenting youth behavioral trends from 2011-2021,
found that as of 2021, 4 in 10 students felt persistently sad or hope-
less. The report indicates approximately 29 percent of students had
experienced or were experiencing poor mental health. More concerning,
the report identified trends in poor mental health that were escalating
to severe consequences, with more than 1 in 5 students seriously consid-
ering suicide.

New York State is not immune to this concerning national trend. School
administrators and teachers from across the state have been sounding the
alarm for legislative actions and appropriations to bolster their abili-
ties to address student mental health.

This legislation tackles these barriers by expanding school resources
and offering struggling students access to mental health professionals.
Specifically, this bill ensures schools can provide students counseling
via telehealth services. Telehealth is a growing service nationwide,
giving schools flexibility to connect struggling students with a provid-
er, regardless of staffing or a lack of a local physical provider.
Staffing has been a particular burden for New York's rural school
districts.

Studies have shown students who feel connected to others at school
report better mental health. Combatting the adverse effects and outcomes
of students suffering poor mental health is paramount, and school
districts should have the ability to utilize any tool necessary. By
expanding access and providing funds for telehealth, schools will
improve learning environments and potentially save lives.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2023-S6080A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6080--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced  by  Sens. HELMING, ASHBY, BORRELLO, GALLIVAN, MATTERA, OBER-
   ACKER, O'MARA, PALUMBO, WALCZYK -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education  --  recom-
   mitted to the Committee on Education in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the education law and the public health law, in relation
   to the ability for school districts to  implement  telehealth  school-
   based  mental  health  clinics;  to  amend  the  state finance law, in
   relation to the student mental telehealth reimbursement fund;  and  to
   amend  the  racing, pari-mutuel wagering and breeding law, in relation
   to funding the student mental telehealth reimbursement fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (j) of subdivision 1 of
 section 414 of the education law, as amended by chapter 672 of the  laws
 of 2019, is amended to read as follows:
   (i)  For  the purposes of this subdivision, the term "licensed school-
 based health, dental or mental health clinic" means  a  clinic  that  is
 located  in  a  school facility of a school district or board of cooper-
 ative educational services, is operated by  an  entity  other  than  the
 school  district  or  board of cooperative educational services and will
 provide health, dental or mental health  services  during  school  hours
 and/or  non-school  hours to school-age and preschool children, and that
 is: (1) a health clinic approved under the  provisions  of  chapter  one
 hundred  ninety-eight  of the laws of nineteen hundred seventy-eight; or
 (2) another school-based health or dental clinic licensed by the depart-
 ment of health pursuant to article twenty-eight  of  the  public  health
 law;  or (3) a school-based mental health clinic licensed or approved by
 the office of mental health pursuant to article thirty-one of the mental
 hygiene law; or (4) a school-based mental health clinic licensed by  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10190-02-4

 S. 6080--A                          2
 
 office  for  people  with developmental disabilities pursuant to article
 sixteen of the mental hygiene law; OR (5) A SCHOOL-BASED  MENTAL  HEALTH
 CLINIC  LICENSED PURSUANT TO THE SECTIONS ABOVE THAT OPERATES AS A TELE-
 HEALTH  CLINIC  AS DEFINED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINE-
 TY-NINE-CC OF THE PUBLIC HEALTH LAW.
   § 2. Section 2999-dd of the public health law is amended by  adding  a
 new subdivision 3-a to read as follows:
   3-A.  THE  COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMIS-
 SIONER, THE COMMISSIONER OF MENTAL HEALTH, AND THE COMMISSIONER  OF  THE
 OFFICE OF PERSONS WITH DEVELOPMENTAL DISABILITIES, SHALL DEVELOP MINIMUM
 QUALIFICATIONS  FOR  SCHOOL DISTRICTS TO OPERATE TELEHEALTH SCHOOL-BASED
 MENTAL HEALTH CLINICS. SUCH QUALIFICATIONS SHALL BE CONSISTENT WITH BEST
 PRACTICES PURSUANT TO SCHOOL-BASED MENTAL HEALTH  CLINICS  AS  CURRENTLY
 OPERATED UNDER EXISTING LAW.
   § 3. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR.  STUDENT  MENTAL  TELEHEALTH REIMBURSEMENT FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS  THE  STUDENT
 MENTAL TELEHEALTH REIMBURSEMENT FUND.
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL REVENUES GENERATED PURSUANT TO
 SUBDIVISION EIGHT OF SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THE RACING,
 PARI-MUTUEL WAGERING AND BREEDING LAW AND ALL OTHER MONEYS  CREDITED  OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND,  FOLLOWING APPROPRIATION BY THE LEGISLATURE
 SHALL BE MADE AVAILABLE  TO  THE  STATE  EDUCATION  DEPARTMENT  FOR  THE
 PURPOSES OF PROVIDING REIMBURSEMENT TO SCHOOL DISTRICTS FOR THE COSTS OF
 ESTABLISHING  AND  MAINTAINING  SCHOOL-BASED  MENTAL HEALTH CLINICS THAT
 OPERATE AS TELEHEALTH CLINICS PURSUANT TO CLAUSE  FIVE  OF  SUBPARAGRAPH
 (I) OF PARAGRAPH (J) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FOURTEEN
 OF THE EDUCATION LAW. COSTS ELIGIBLE FOR REIMBURSEMENT SHALL INCLUDE BUT
 NOT  BE  LIMITED  TO: CONTRACT COSTS AND FEES ASSOCIATED WITH AGREEMENTS
 WITH TELEHEALTH PROVIDERS; COSTS OF SERVICES REMITTED TO PROVIDERS ON  A
 CASE-BY-CASE  BASIS;  COSTS  ASSOCIATED  WITH  ACQUIRING AND MAINTAINING
 TECHNOLOGICAL  EQUIPMENT  NECESSARY  FOR  TELEHEALTH  SERVICES   TO   BE
 RENDERED;  AND  COSTS ASSOCIATED WITH ESTABLISHING PHYSICAL SPACE NECES-
 SARY FOR TELEHEALTH SERVICES TO BE RENDERED.
   § 4. Subdivision 8 of section 1367 of the racing, pari-mutuel wagering
 and breeding law, as added by section 3 of part Y of chapter 59  of  the
 laws of 2021, is amended to read as follows:
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile  sports  wagering  gross  gaming revenue and tax revenue shall be
 excluded from sports wagering gross  gaming  revenue  and  tax  revenue.
 Mobile  sports  wagering  tax revenue shall be separately maintained and
 returned to the state for deposit into the state lottery fund for educa-
 tion aid except as otherwise provided in this subdivision. Any  interest
 and  penalties  imposed  by  the commission relating to those taxes, all
 penalties levied and collected by the commission,  and  the  appropriate
 funds,  cash or prizes forfeited from sports wagering shall be deposited
 into the state lottery fund for education. In the first fiscal  year  in
 which  mobile  sports  wagering licensees commence operations and accept
 mobile sports wagers pursuant to this section, the commission shall  pay
 into  the commercial gaming fund one percent of the state tax imposed on
 mobile sports wagering by this section to  be  distributed  for  problem
 gambling  education  and  treatment  purposes pursuant to paragraph a of
 subdivision four of section ninety-seven-nnnn of the state finance  law;
 S. 6080--A                          3
 
 provided however, that such amount shall be equal to six million dollars
 for  each  fiscal  year  thereafter.  In  the first fiscal year in which
 mobile sports wagering licensees commence operations and  accept  mobile
 sports  wagers  pursuant  to  this section, the commission shall pay one
 percent of the state tax imposed  on  mobile  sports  wagering  by  this
 section  to the general fund, a program to be administered by the office
 of children and family services for a statewide youth sports  activities
 and  education  grant program for the purpose of providing annual awards
 to sports programs for underserved  youth  under  the  age  of  eighteen
 years; provided however, that such amount shall be equal to five million
 dollars for each fiscal year thereafter. The commission shall require at
 least  monthly  deposits by a platform provider of any payments pursuant
 to subdivision seven of this section, at such times, under  such  condi-
 tions,  and  in  such  depositories  as shall be prescribed by the state
 comptroller. The deposits shall be deposited to the credit of the  state
 commercial  gaming  revenue fund. The commission shall require a monthly
 report and reconciliation statement to be filed with it on or before the
 tenth day of each month, with respect to  gross  revenues  and  deposits
 received  and  made,  respectively,  during the preceding month. IN EACH
 FISCAL YEAR IN WHICH MOBILE SPORTS LICENSEES OPERATE AND  ACCEPT  MOBILE
 SPORTS  WAGERS  PURSUANT  TO  THIS SUBDIVISION, THE COMMISSION SHALL PAY
 FIVE PERCENT OF THE STATE TAX IMPOSED ON MOBILE SPORTS WAGERING BY  THIS
 SECTION  TO THE STUDENT MENTAL TELEHEALTH REIMBURSEMENT FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-RR OF THE  STATE  FINANCE  LAW  FOR  THE
 PURPOSE  OF  PROVIDING  ANNUAL  AWARDS TO SCHOOL DISTRICTS ADMINISTERING
 SCHOOL-BASED MENTAL HEALTH TELEHEALTH SERVICES.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6080A

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Current Bill Status - In Senate Committee Education Committee

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2023-S6080 - Details

2023-S6080 - Summary

2023-S6080 - Sponsor Memo

2023-S6080 - Bill Text download pdf

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2023-S6080A (ACTIVE) - Details

2023-S6080A (ACTIVE) - Summary

2023-S6080A (ACTIVE) - Sponsor Memo

2023-S6080A (ACTIVE) - Bill Text download pdf

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