S T A T E   O F   N E W   Y O R K
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                                  5166

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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 NINE, 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 CONTRIB-
UTION. 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
AND  THE  STATE  COMPTROLLER,  A SPECIAL FUND TO BE KNOWN AS THE "MENTAL
ILLNESS ANTI-STIGMA FUND".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06696-01-9
              

S. 5166                             2

  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 7.43 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 7.43 to
read as follows:
S 7.43 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.