What's happening
This bill amends the New York Constitution to require state and local authorities to protect and promote both physical and mental health.
Why it matters
Elevates mental health to the same constitutional priority as physical health,. making it clear that both are public concerns that the state and local governments must actively address, not just physical health as previously emphasized.
Changes the state’s duty from optional to mandatory. regarding mental health: language like “may” is replaced with “shall,” requiring state and local authorities to provide care, treatment, and protection for mental health, which could lead to stronger legal grounds for demanding services or funding.
Signals a shift in policy and resource allocation,. potentially increasing accountability for government agencies to prioritize mental health programs, services, and oversight, affecting how budgets and strategies are developed in the future.
Could empower advocates and individuals. to hold state and local governments more accountable if mental health services are lacking, by establishing a constitutional basis for such claims.
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Who cares
Headline styles
Guarantee Mental Health Care
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- To attorney-general for opinion
- Print number 7120a
- Amend (t) and recommit to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Mental Health Rights
In Assembly Committee · Mental Health · Sponsor Didi Barrett
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7120--A
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to sections 3 and 4 of article 17 of the constitution, in relation to the protection and promotion of the mental health of New Yorkers
Section 1. Resolved (If the Assembly concur), That section 3 of article 17 of the constitution be amended to read as follows:
§ 3. The protection and promotion of the physical and mental health of the inhabitants of the state are matters of public concern and provision therefor shall be made by the state and by such of its subdivisions and in such manner, and by such means as the legislature shall from time to time determine.
§ 2. Resolved (If the Assembly concur), That section 4 of article 17 of the constitution be amended to read as follows:
§ 4. The care and treatment of persons suffering from mental disorder or defect and the protection of the mental health of the inhabitants of the state [may] shall be provided by state and local authorities and in such manner as the legislature [may] shall from time to time determine. The head of the department of mental hygiene shall visit and inspect, or cause to be visited and inspected by members of his or her staff, all institutions either public or private used for the care and treatment of persons suffering from mental disorder or defect.
§ 3. Resolved (If the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89157-03-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to sections 3 and 4 of article 17 of the constitution, in relation to the protection and promotion of the mental health of New Yorkers
Purpose or general idea of bill
To create parity between mental and physical health in the state consti- tution.
Summary of provisions
Section 1 of the Resolution amends section 3 of article 17 of the constitution to make clear that physical and mental health are equally "matters of public concern."
Section 2 amends section 4 of article 17 to strengthen the language from permissive language to mandatory language. Under this change, the constitution will say that "...the protection and promotion of the mental health of the inhabitants of the state shall be provided by state and local authorities...."
Section 3 refers the resolution to the next legislative session, in conformity with the requirements of the constitution.
Difference between original and amended version
The original version simply repeals paragraph 4 of Article 17, but the amended version keeps that paragraph and makes it stronger by changing may to shall. This ensures that OMH, OPWDD, and OASAS still have the authority them currently have to carry out their work.
Justification
The sections of the state Constitution being amended in this resolution were first enacted during the 1938 Constitutional Convention. Since then, our knowledge and appreciation of mental health services has advanced greatly. Today, we recognize mental health as equal to other areas of health, but unfortunately our Constitution does not reflect that sentiment. While it declares health to be "a matter of public concern," of mental health it says only that "...the protection of the mental health of the inhabitants of the state may be provided by state and local authorities...." This permissive language is clearly less emphatic than other parts of Article XVII, and this amendment fixes that by creating a positive constitutional right.
It is crucial that our state constitution reflect the public opinion of New Yorkers. This amendment both aligns the Constitution with widely held social beliefs and reinforces the original mission of Article XVII by cementing the obligation to care for the most vulnerable among us, including those struggling with mental health.
Prior legislative history
New bill.
Fiscal implications for state and local governments
Undetermined.
Effective date
Resolved (If the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.