Establishes the New York state joint eating disorder awareness campaign and the New York state joint eating disorder awareness campaign fund; provides that the commissioner of mental health 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 promotional campaigns.
STATE OF NEW YORK
________________________________________________________________________
5869
2019-2020 Regular Sessions
IN SENATE
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:
1 Section 1. The mental hygiene law is amended by adding a new section
2 7.49 to read as follows:
3 § 7.49 New York state joint eating disorder awareness campaign.
4 (a) The office, in conjunction with the department of health, shall
5 establish, and shall contract with a consultant to promote and maintain
6 the New York joint eating disorder awareness campaign.
7 (b) The commissioner may enter into a multi-year contract for the
8 operation and promotion of the New York state joint eating disorder
9 awareness campaign subject to such terms and conditions as may be
10 contained within such contract with a not-for-profit organization that
11 has experience working with New York state organizations that have
12 expertise in eating disorder awareness campaigns, and is affiliated with
13 the eating disorder community throughout the state. The contractor may
14 subcontract as needed for the effective performance of the contract. All
15 such subcontractors and the terms of such subcontracts shall be subject
16 to approval by the commissioner.
17 (c) The contractor shall make a report, including but not limited to,
18 the following:
19 (1) the annual dollar amount of voluntary contributions received by
20 the contractor for the purposes of maintaining the New York state eating
21 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
1 (2) a description of the awareness campaigns and initiatives imple-
2 mented during the year; and
3 (3) accounting statements of expenditures for the purposes of main-
4 taining the awareness campaigns and initiatives.
5 (d) (1) For the period April first, two thousand twenty through March
6 thirty-first, two thousand twenty-one, payments to the contractor shall
7 be paid by the department.
8 (2) For the period beginning April first, two thousand twenty-one and
9 thereafter, payments to the contractor shall be paid by the department
10 from funds available for these purposes, including, but not limited to,
11 the funds deposited into the New York state joint eating disorder aware-
12 ness campaign fund pursuant to section ninety-five-j of the state
13 finance law.
14 (3) In addition, the contractor may receive and use voluntary contrib-
15 utions.
16 § 2. The state finance law is amended by adding a new section 95-j to
17 read as follows:
18 § 95-j. New York state joint eating disorder awareness campaign fund.
19 1. There is hereby established in the joint custody of the commissioner
20 of taxation and finance and the comptroller, a special fund to be known
21 as the "New York state joint eating disorder awareness campaign fund".
22 2. Such fund shall consist of all revenues received pursuant to the
23 provisions of section 7.49 of the mental hygiene law, all revenues
24 received pursuant to appropriations by the legislature, and all moneys
25 appropriated, credited, or transferred thereto from any other fund or
26 source pursuant to law. Moneys shall be payable from the fund on the
27 audit and warrant of the comptroller on vouchers approved and certified
28 by the commissioner of mental health. Nothing contained in this section
29 shall prevent the state from receiving grants, gifts or bequests for the
30 purposes of the fund as defined in this section and depositing them into
31 the fund according to law. Any interest received by the comptroller on
32 moneys on deposit in such fund shall be retained in and become part of
33 such fund.
34 3. Moneys of the fund shall be expended only to provide grants to the
35 New York state joint eating disorder awareness campaign for purposes of
36 promoting not-for-profit corporations established in this state which
37 are incorporated for the purpose of advancing and financing New York
38 state eating disorder awareness.
39 4. On or before the first day of February each year, the commissioner
40 of mental health shall provide a written report to the temporary presi-
41 dent of the senate, the speaker of the assembly, the chair of the senate
42 finance committee, the chair of the assembly ways and means committee,
43 the chair of the senate committee on health, the chair of the assembly
44 health committee, the state comptroller and the public. Such report
45 shall include how the monies of the fund were utilized during the
46 preceding calendar year, and shall include:
47 (a) the amount of money disbursed from the fund and the award process
48 used for such disbursements;
49 (b) recipients of awards from the fund;
50 (c) the amount awarded to each;
51 (d) the purposes for which such awards were granted; and
52 (e) a summary financial plan for such monies which shall include esti-
53 mates of all receipts and all disbursements for the current and succeed-
54 ing fiscal years, along with the actual results from the prior fiscal
55 year.
S. 5869 3
1 § 3. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law and shall apply to
3 taxable years beginning on or after such date. Effective immediately,
4 the addition, amendment and/or repeal of any rule or regulation neces-
5 sary for the implementation of this act on its effective date are
6 authorized to be made and completed on or before such effective date.
