senate Bill S4925

Vetoed By Governor
2015-2016 Legislative Session

Relates to the pre-audit of expenditures from the state insurance fund by the state comptroller

download bill text pdf

Sponsored By

Current Bill Status Via A7505 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 tabled
vetoed memo.240
Nov 10, 2015 delivered to governor
Jun 16, 2015 returned to assembly
passed senate
substituted for s4925
Jun 16, 2015 substituted by a7505
ordered to third reading cal.1666
committee discharged and committed to rules
Apr 23, 2015 referred to labor

S4925 - Bill Details

See Assembly Version of this Bill:
A7505
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §88, Work Comp L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4034, A3732
2011-2012: A10316, S7562

S4925 - Bill Texts

view summary

Relates to the pre-audit of expenditures from the state insurance fund by the state comptroller.

view sponsor memo
BILL NUMBER:S4925

TITLE OF BILL:

An act to amend the workers' compensation law, in relation to eliminat-
ing certain unconstitutional language relating to the pre-audit of
expenditures from the state insurance fund by the state comptroller

PURPOSE:

This bill clarifies that payments from the State Insurance Fund are
subject to pre-audit by the State Comptroller.

SUMMARY OF PROVISIONS:

There are two Sections numbered 88 in the Workers' Compensation Law.
Section 1 of this bill amends the Section 88 of the Workers' Compen-
sation Law that was amended by Chapter 6 of the Laws of 2007 and Section
2 of this bill amends the Section 88 of the Workers' Compensation Law
that was amended by Chapter 635 of the Laws of 1996. These amendments
make it clear that the payments made from the State Insurance Fund
("Fund") are subject to pre-audit by the State Comptroller.

Section 3 of this bill states that this act would take effect immediate-
ly and be deemed effective as of April 1, 1996.

PRIOR LEGISLATIVE HISTORY:

S.4034 and A.3732 (Passed Assembly) of 2013-2014
S. 7562 and A. 10316 - (Passed Assembly) of 2011-2012

JUSTIFICATION:

Chapter 635 of the Laws of 1996 made major changes to the State's work-
ers' compensation system. As part of that chapter, Section 88 of the
Workers' Compensation Law was amended to provide that the Fund shall not
be considered a State agency or fund for purposes of Section 4 of the
State Finance Law, thus eliminating it from the appropriation require-
ment of that section, and eliminating approval of the Fund's budget by
the Budget Director. The amendment was intended, in part, to prevent
further transfers of the State Insurance Fund's moneys to the State's
general fund.

These amendments to Section 88 of the Workers' Compensation Law exceeded
their intended purpose by attempting to eliminate the constitutionally
mandated pre-audit of the Fund's funds by OSC pursuant to Section 111 of
the State Finance Law, apparently as a corollary to eliminating the Fund
from the appropriation requirement of Section 4 of the State Finance
Law. However, the requirements of appropriation and pre-audit derive
from two separate constitutional provisions.

Section 4 of the State Finance Law, which requires appropriation of all
money "under the management of the State, or any agency or officer ther-
eof," is broader than the constitutional appropriation requirement of
Article VII, Section 7, as articulated by the Court of Appeals. In
Anderson v. Regan (53 N.Y.2d 356) the Court indicated that "off budget"
funds (those deposited outside the State Treasury) are not subject to
the appropriation requirement of Article VII, Section 7. Therefore, it
is constitutionally permissible to remove off-budget State funds from
the appropriation requirement of State Finance Law Section 4. It does
not follow that off-budget funds can be removed from the constitutional
pre-audit requirement, which derives independently from Article V,
Section 1 of the New York State Constitution.

Article V, Section 1 mandates the pre-audit by the Comptroller of all
money of the State and all money under its control, and is not limited
to funds in the State Treasury. Section 111 of the State Finance Law is
merely a codification of that constitutional requirement. The exemption
of the Fund from the appropriations requirement of Section 4 of the
State Finance Law does not alter the fact that the Fund's moneys are
both money of the State and money under the control of the State for
purposes of Article V, Section 1 of the State Constitution.

This bill deletes the language added by Chapter 635 which purported to
eliminate the pre-audit authority of the Comptroller. Accordingly, the
Comptroller urges passage of this legislation.

BUDGET IMPLICATIONS:

This bill has no significant fiscal impact.

EFFECTIVE DATE:

This bill would take effect immediately and be deemed effective as of
April 1, 1996.

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

                                  4925

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Labor

AN  ACT to amend the workers' compensation law, in relation to eliminat-
  ing certain unconstitutional language relating  to  the  pre-audit  of
  expenditures from the state insurance fund by the state comptroller

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 88 of the workers' compensation law, as amended  by
chapter 6 of the laws of 2007, is amended to read as follows:
  S 88. Administration expenses. The entire expense of administering the
state  insurance  fund shall be paid out of such fund WHICH SHALL NOT BE
CONSIDERED AN AGENCY OR A FUND OF THE STATE FOR THE PURPOSES OF  SECTION
FOUR  OF THE STATE FINANCE LAW.  The portion of such expenses applicable
and chargeable to the disability benefits  fund  [and  the  medical  and
hospital  malpractice  fund]  shall  be determined on an equitable basis
with due allowance for the division of overhead expenses. Not later than
the first day of November there shall be submitted to  the  director  of
the  budget for his approval an estimated budget of expenditures for the
succeeding calendar year having due regard to the business interests and
contract obligations of the fund.   There may not be  expended  for  the
state  insurance  fund  for  purposes  of  administration  more than the
amounts specified in such budget for each item of expenditure, except as
authorized by the director of the budget.  THERE SHALL BE  SUBMITTED  TO
THE  DIRECTOR OF THE BUDGET QUARTERLY FINANCIAL STATEMENTS ON A CALENDAR
YEAR BASIS. In no case shall the amount of  ADMINISTRATIVE  expenditures
so  authorized  for  an entire year [for] FROM THE workers' compensation
[insurance] FUND exceed twenty-five per centum of  the  earned  premiums
for  such insurance for that year. In no case shall the amount of ADMIN-
ISTRATIVE expenditures authorized for the disability benefits  fund  for
an  entire  year exceed twenty-five per centum of the premiums earned by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03006-01-5

S. 4925                             2

that fund FOR SUCH INSURANCE FOR THAT YEAR. [In no case shall the amount
of expenditures authorized for the medical and hospital malpractice fund
for an entire year exceed twenty-five per centum of the premiums  earned
by that fund.] If there be officers or employees of the department whose
duties relate partly to the general work of the department and partly to
the work of the state insurance fund, and in case there is other expense
which  is  incurred jointly on behalf of the general work of the depart-
ment and the state insurance fund, an  equitable  apportionment  of  the
expense  shall  be  made and the part thereof which is applicable to the
state insurance fund shall be chargeable thereto. The  expenses  of  the
department  of audit and control incurred in connection with the pre-au-
dit of expenditures of the state insurance fund, as required by  section
one  hundred  eleven of the state finance law, shall be a charge against
and be paid out of the moneys of the  state  insurance  fund  and  there
shall  be  included  in  the  annual estimate submitted pursuant to this
section an amount sufficient to pay such expenses for the period covered
by such estimate. Notwithstanding section four of the state finance law,
the state comptroller is  authorized  to  process  or  approve  payments
related  to  business taxes, various workers' compensation board assess-
ments and assessments related to the workers' compensation rating  board
directly from the fund's accounts without explicit appropriation author-
ity. The commissioner of labor shall include in his annual report to the
legislature  a  statement  of  the  commissioners showing the expense of
administering the state fund for the preceding year. All appointments to
positions in the state insurance fund shall be  made  subject  to  civil
service requirements.
  S  2. Section 88 of the workers' compensation law, as amended by chap-
ter 635 of the laws of 1996, is amended to read as follows:
  [S 88. Administration expenses. The entire  expense  of  administering
the  state insurance fund shall be paid out of such fund which shall not
be considered an agency or a fund of  the  state  for  the  purposes  of
section  four  of  the  state  finance law. The portion of such expenses
applicable and chargeable to  the  disability  benefits  fund  shall  be
determined  on an equitable basis with due allowance for the division of
overhead expenses. There shall be submitted to the director of the budg-
et quarterly financial statements on a calendar year basis. In  no  case
shall  the  amount  of  administrative expenditures so authorized for an
entire year from the workers' compensation fund exceed  twenty-five  per
centum  of  the  earned premiums for such insurance for that year. In no
case shall the amount of administrative expenditures authorized for  the
disability  benefits  fund  for  an  entire  year exceed twenty-five per
centum of the premiums earned by that fund for such insurance  for  that
year.  No payment, expenditure or refund out of the state insurance fund
shall be subject to pre-audit by the department of audit and control  as
provided  by  section  one  hundred eleven of the state finance law. All
appointments to positions in the state  insurance  fund  shall  be  made
subject to civil service requirements.]
  S  3.  This  act shall take effect immediately; provided, however that
section one of this act shall be deemed to have been in full  force  and
effect on and after April 1, 1996.

senate Bill S632A

Signed By Governor
2015-2016 Legislative Session

Establishes a gift for eliminating the stigma relating to mental illness on personal income tax returns

download bill text pdf

Sponsored By

Current Bill Status Via A833 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 signed chap.422
Nov 10, 2015 delivered to governor
Jun 16, 2015 returned to assembly
passed senate
substituted for s632a
Jun 16, 2015 substituted by a833a
ordered to third reading cal.1652
committee discharged and committed to rules
Apr 21, 2015 print number 632a
amend and recommit to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Bill Amendments

S632
S632A
S632
S632A

Co-Sponsors

S632 - Bill Details

See Assembly Version of this Bill:
A833A
Law Section:
Tax Law
Laws Affected:
Add §629-a, Tax L; add §95-h, St Fin L; add §7.47, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3864A, A5953A
2011-2012: A4286, A5052
2009-2010: A4840, A5541

S632 - Bill Texts

view summary

Establishes a gift for eliminating the stigma relating to mental illness on personal income tax returns; establishes the mental illness anti-stigma fund into which such gifts shall be deposited; directs the monies in such fund be used by the office of mental health to provide grants to organizations dedicated to eliminating the stigma attached to mental illness and those with mental health needs.

view sponsor memo
BILL NUMBER: S632

TITLE OF BILL : 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 establishing 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

PURPOSE :

Establishes a gift for eliminating the stigma relating to mental
illness on personal income tax returns.

SUMMARY OF PROVISIONS :

Section 1 amends tax law by adding a new section 629-a as follows: it
allows for people to gift on their income tax returns any amount of
money to a Mental Health Anti-Stigma Fund. Such monies would not
reduce a citizens tax burden and must be used exclusively for the
fund.

Section 2 amends the finance law by adding a new section 95-h
establishes the fund in the joint custody of the commissioner of
taxation and finance and the state comptroller. The monies from the
fund shall be made available to the office of mental health for the
purpose of providing grants to organizations dedicated to eliminating
the stigma of mental illness.

Section 3 amends the mental hygiene law by adding a new section 7.47.
This section calls on the office of mental health to develop and
implement a program to provide these grants to organizations to
eliminate the stigma associated with mental illness.

JUSTIFICATION :

The stigma relating to mental illness can have a very serious effect
on a person. This stigma can cause many individuals to not seek the
services and help that they may need. By providing for an income tax
check-off, we will provide an easy way for New Yorkers to help prevent
this unnecessary burden for persons with mental illness.

LEGISLATIVE HISTORY :

2014- S.3864A

FISCAL IMPLICATIONS :

None to the State.

EFFECTIVE DATE :
Immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   632

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. CARLUCCI, LATIMER -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations

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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02004-02-5

S. 632                              2

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.
  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.
  S 4. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S632A - Bill Details

See Assembly Version of this Bill:
A833A
Law Section:
Tax Law
Laws Affected:
Add §629-a, Tax L; add §95-h, St Fin L; add §7.47, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3864A, A5953A
2011-2012: A4286, A5052
2009-2010: A4840, A5541

S632A - Bill Texts

view summary

Establishes a gift for eliminating the stigma relating to mental illness on personal income tax returns; establishes the mental illness anti-stigma fund into which such gifts shall be deposited; directs the monies in such fund be used by the office of mental health to provide grants to organizations dedicated to eliminating the stigma attached to mental illness and those with mental health needs.

view sponsor memo
BILL NUMBER:S632A

TITLE OF BILL:

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
establishing 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

PURPOSE:

Establishes a gift for eliminating the stigma relating to mental
illness on personal income tax returns.

SUMMARY OF PROVISIONS:

Section 1 amends tax law by adding a new section 629-a as follows: it
allows for people to gift on their income tax returns any amount of
money to a Mental Illness Anti-Stigma Fund. Such monies would not
reduce a citizen's tax burden and must be used exclusively for the
fund.

Section 2 amends the finance law by adding a new section 95-h which
establishes the fund in the joint custody of the Commissioner of
Taxation and Finance and the state Comptroller. The monies from the
fund shall be made available to the Office of Mental Health for the
purpose of providing grants to organizations dedicated to eliminating
the stigma of mental illness.

Section 3 amends the mental hygiene law by adding a new section 7.47.
This section calls on the Office of Mental Health to develop and
implement a program to provide grants to organizations to eliminate
the stigma associated with mental illness. In addition, this section
would require the Comptroller to certify the amount of money deposited
into the Mental Illness Anti-Stigma Fund during the preceding calendar
year, and require the Commissioner of Mental Health to provide a
written report detailing how the monies in the fund were utilized.

Section 4 is the effective date.

JUSTIFICATION:

The stigma relating to mental illness can have a very serious effect
on a person. This stigma can cause many individuals to not seek the
services and help that they may need. By providing for an income tax
check-off, we will provide an easy way for New Yorkers to help prevent
this unnecessary burden for persons with mental illness.

LEGISLATIVE HISTORY:

2013-14: A5953A Passed Assembly/S3864A referred to Government
Operations
2011-12: A4286 Enacting clause stricken


2009-10: A4840 Referred to Ways & Means/S5166 Referred to Government
Operations
2007-08: A6826A Passed Assembly/58662 Referred to Rules
2005-06: A7671 Referred to Ways & Means

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

Immediately.

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                    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.

senate Bill S632

Signed By Governor
2015-2016 Legislative Session

Establishes a gift for eliminating the stigma relating to mental illness on personal income tax returns

download bill text pdf

Sponsored By

Current Bill Status Via A833 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 signed chap.422
Nov 10, 2015 delivered to governor
Jun 16, 2015 returned to assembly
passed senate
substituted for s632a
Jun 16, 2015 substituted by a833a
ordered to third reading cal.1652
committee discharged and committed to rules
Apr 21, 2015 print number 632a
amend and recommit to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Bill Amendments

S632
S632A
S632
S632A

Co-Sponsors

S632 - Bill Details

Law Section:
Tax Law
Laws Affected:
Add §629-a, Tax L; add §95-h, St Fin L; add §7.47, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3864A
2011-2012: A4286, A5052
2009-2010: A4840, A5541

S632 - Bill Texts

view summary

Establishes a gift for eliminating the stigma relating to mental illness on personal income tax returns; establishes the mental illness anti-stigma fund into which such gifts shall be deposited; directs the monies in such fund be used by the office of mental health to provide grants to organizations dedicated to eliminating the stigma attached to mental illness and those with mental health needs.

view sponsor memo
BILL NUMBER: S632

TITLE OF BILL : 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 establishing 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

PURPOSE :

Establishes a gift for eliminating the stigma relating to mental
illness on personal income tax returns.

SUMMARY OF PROVISIONS :

Section 1 amends tax law by adding a new section 629-a as follows: it
allows for people to gift on their income tax returns any amount of
money to a Mental Health Anti-Stigma Fund. Such monies would not
reduce a citizens tax burden and must be used exclusively for the
fund.

Section 2 amends the finance law by adding a new section 95-h
establishes the fund in the joint custody of the commissioner of
taxation and finance and the state comptroller. The monies from the
fund shall be made available to the office of mental health for the
purpose of providing grants to organizations dedicated to eliminating
the stigma of mental illness.

Section 3 amends the mental hygiene law by adding a new section 7.47.
This section calls on the office of mental health to develop and
implement a program to provide these grants to organizations to
eliminate the stigma associated with mental illness.

JUSTIFICATION :

The stigma relating to mental illness can have a very serious effect
on a person. This stigma can cause many individuals to not seek the
services and help that they may need. By providing for an income tax
check-off, we will provide an easy way for New Yorkers to help prevent
this unnecessary burden for persons with mental illness.

LEGISLATIVE HISTORY :

2014- S.3864A

FISCAL IMPLICATIONS :

None to the State.

EFFECTIVE DATE :
Immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   632

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. CARLUCCI, LATIMER -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations

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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02004-02-5

S. 632                              2

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.
  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.
  S 4. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S632A - Bill Details

Law Section:
Tax Law
Laws Affected:
Add §629-a, Tax L; add §95-h, St Fin L; add §7.47, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3864A
2011-2012: A4286, A5052
2009-2010: A4840, A5541

S632A - Bill Texts

view summary

Establishes a gift for eliminating the stigma relating to mental illness on personal income tax returns; establishes the mental illness anti-stigma fund into which such gifts shall be deposited; directs the monies in such fund be used by the office of mental health to provide grants to organizations dedicated to eliminating the stigma attached to mental illness and those with mental health needs.

view sponsor memo
BILL NUMBER:S632A

TITLE OF BILL:

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
establishing 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

PURPOSE:

Establishes a gift for eliminating the stigma relating to mental
illness on personal income tax returns.

SUMMARY OF PROVISIONS:

Section 1 amends tax law by adding a new section 629-a as follows: it
allows for people to gift on their income tax returns any amount of
money to a Mental Illness Anti-Stigma Fund. Such monies would not
reduce a citizen's tax burden and must be used exclusively for the
fund.

Section 2 amends the finance law by adding a new section 95-h which
establishes the fund in the joint custody of the Commissioner of
Taxation and Finance and the state Comptroller. The monies from the
fund shall be made available to the Office of Mental Health for the
purpose of providing grants to organizations dedicated to eliminating
the stigma of mental illness.

Section 3 amends the mental hygiene law by adding a new section 7.47.
This section calls on the Office of Mental Health to develop and
implement a program to provide grants to organizations to eliminate
the stigma associated with mental illness. In addition, this section
would require the Comptroller to certify the amount of money deposited
into the Mental Illness Anti-Stigma Fund during the preceding calendar
year, and require the Commissioner of Mental Health to provide a
written report detailing how the monies in the fund were utilized.

Section 4 is the effective date.

JUSTIFICATION:

The stigma relating to mental illness can have a very serious effect
on a person. This stigma can cause many individuals to not seek the
services and help that they may need. By providing for an income tax
check-off, we will provide an easy way for New Yorkers to help prevent
this unnecessary burden for persons with mental illness.

LEGISLATIVE HISTORY:

2013-14: A5953A Passed Assembly/S3864A referred to Government
Operations
2011-12: A4286 Enacting clause stricken


2009-10: A4840 Referred to Ways & Means/S5166 Referred to Government
Operations
2007-08: A6826A Passed Assembly/58662 Referred to Rules
2005-06: A7671 Referred to Ways & Means

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

Immediately.

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                    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.

assembly Bill A6835

2015-2016 Legislative Session

Establishes a temporary commission of child abuse prevention

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to governmental operations
Apr 06, 2015 referred to governmental operations

Co-Sponsors

A6835 - Bill Details

See Senate Version of this Bill:
S824
Current Committee:
Law Section:
Children
Versions Introduced in Previous Legislative Sessions:
2013-2014: A9038, S2095A
2011-2012: S2163
2009-2010: S7514

A6835 - Bill Texts

view summary

Establishes a temporary commission on child abuse prevention.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6835

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

Introduced  by  M. of A. GALEF, SCARBOROUGH -- read once and referred to
  the Committee on Governmental Operations

AN ACT to establish a temporary state commission to  study  child  abuse
  prevention  and  make  recommendations for the implementation of child
  abuse prevention programs across the  state;  and  providing  for  the
  repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature  hereby  acknowledges
that child abuse is a continuing societal problem in the state affecting
at  least  80,000  children  each  year. In recent years, there has been
research on the long-term effects of child abuse on  the  individual  as
well as society. The vast majority of research has demonstrated that the
consequences  of  child  abuse  are grave, damaging and often spill over
into a person's adult life. Adverse  effects  have  been  identified  in
maltreated children's physical, cognitive, emotional and social develop-
ment.
  Furthermore,  the  legislature finds that the failure to address child
abuse through preventive measures not only harms a million children each
year in this country, it imposes a tremendous cost to society. Like most
states, New York spends  a  considerable  amount  of  fiscal  and  human
resources  to  treat  the  numerous  consequences  of  child  abuse  and
maltreatment. The failure to invest in prevention results in  a  signif-
icantly greater amount of resources needed to treat the outcomes.
  S  2.  A temporary state commission, to be known as the "commission of
child abuse prevention", is hereby established to examine, evaluate  and
make  recommendations  concerning  child abuse prevention efforts in the
state. The commission shall consider the need for additional legislation
as well as a  stable  source  of  funding  for  child  abuse  prevention
programs.  Specific  issues  to  be  addressed  by  the commission shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02258-01-5

A. 6835                             2

include home visitation programs and screening for families at  risk  of
child maltreatment.
  S 3. The commission shall consist of thirteen members, to be appointed
as follows: three members to be appointed by the governor; three members
to  be appointed by the temporary president of the senate; three members
to be appointed by the speaker  of  the  assembly;  two  members  to  be
appointed  by  the  minority leader of the senate; and two members to be
appointed by the minority leader of the assembly. The members shall have
demonstrated expertise in and experience with the field of  child  abuse
prevention.  A chairperson and vice-chairperson of such commission shall
be elected by the majority of its members, all members being present.
  S 4. The members of the commission shall receive no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S  5.  The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of  its  functions.    Such
commission  may  meet  and hold public and/or private hearings within or
without the state, and shall  have  all  the  powers  of  a  legislative
committee pursuant to the legislative law.
  S  6.  For the accomplishment of its purposes, the commission shall be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses it may deem relevant in cooperation with or by  agreement  with
any other public or private agency.
  S 7. The commission shall make a report of its findings, including any
recommendations  for  legislative  action  as  it may deem necessary and
appropriate, to the governor, the temporary president of the senate  and
the  speaker  of the assembly no later than one year after the effective
date of this act.
  S 8. This act shall take effect immediately and shall  expire  and  be
deemed repealed two years after such effective date.