Requires domestic violence awareness in school curriculums and further increases the fees charged for the issuance of a marriage license and filing of certificates of dissolution of marriage for the purposes of establishing a domestic violence awareness trust fund for the maintenance of domestic violence programs.
Sponsor: ESPAILLAT / Co-sponsor(s): MONTGOMERY, PERKINS / Committee: EDUCATION
Law Section: Education Law / Law: Add S804-e, Ed L; amd SS14-a & 15, Dom Rel L; amd S4139, Pub Health L; add S81, St Fin L
Sponsor: ESPAILLAT / Co-sponsor(s): MONTGOMERY, PERKINS / Committee: EDUCATION
Law Section: Education Law / Law: Add S804-e, Ed L; amd SS14-a & 15, Dom Rel L; amd S4139, Pub Health L; add S81, St Fin L
S1871-2011 Actions
- Jan 4, 2012: REFERRED TO EDUCATION
- Jan 13, 2011: REFERRED TO EDUCATION
S1871-2011 Memo
BILL NUMBER:S1871
TITLE OF BILL:
An act
to amend the education law, in relation to requiring domestic violence
awareness in the curriculum and to amend the domestic relations law, the
public health law and the state finance law, in relation to increasing
fees charged for the issuance of a marriage license and filing of
certificates of dissolution of marriage for the purposes of establishing
and maintaining domestic violence programs
PURPOSE OR GENERAL IDEA OF BILL:
To create a fund that will be used for a domestic violence
awareness program in health courses.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The education law is
amended by adding a new section 804-e to read as follows:
Section 804-e. Domestic violence awareness.
1. All schools shall be authorized to include instruction with
regards to domestic violence awareness.
2. Instruction regarding domestic violence awareness shall be
included in the health education provided for all pupils and shall
be taught by teachers holding a certificate to teach health. Such
instruction shall be designed according to the needs and abilities
of the pupils at successive grade levels with the purpose of
developing awareness of domestic violence issues and promoting
knowledge of prevention, identification and screening protections
provided by statewide and community based organizations.
3. The commissioner shall promulgate rules and regulations to
establish a curriculum for instruction regarding domestic violence
awareness to be available in school districts. The contents may be
varied to meet the needs of particular school districts, or
portions thereof, and need not be uniform throughout the state.
4. School authorities shall be authorized to provide the needed
facilities, time, and place for the instruction set forth in this
section and to provide learning aids and curriculum resource
materials which contribute to effective teaching methods and
learning in health education regarding domestic violence
awareness.
Section 2 Paragraph a of subdivision 2 of section 14-a of the
domestic relations law, as amended by chapter 413 of the laws of
1991, is amended to read as follows:
a.
Such town and city clerks shall be entitled to a fee for such
certificate, payable at the time of issuance of the marriage
license, in a sum not exceeding {ten} fifteen dollars, to be fixed
in the case of town clerks by the town board, and in the case of
city clerks by the common council or governing body of such cities.
The town and city clerks shall, upon request of any applicant
whose name appears thereon, issue a similar certificate of
marriage, as set forth above, and similarly expanded with
additional facts upon the express additional request, for all
marriages heretofore indexed and recorded in the office of the
town or city clerks. For such certificate of marriage, the town
and city clerks shall be entitled to a fee not exceeding {ten}
fifteen dollars,
to be fixed in the case of town clerks by the
town board and in the case of city clerks by the common council or
governing body of such city.
Section 3 Section 14-a of the domestic relations law is amended by
adding a new subdivision 5 to read as follows:
5.
On or before the fifteenth day of each month, five dollars of all
amounts received from the fees provided for in this section
shall be transmitted to the state comptroller for deposit into the
domestic violence awareness trust fund provided for in section
seventy-nine of the state finance law.
Section 4. Subdivision 3 of section 15 of the domestic violence
law as amended by section 5 of part W2 of chapter 62 of the laws
of 2003, is amended to read as follows:
3...before issuing any licenses herein provided for, the town or
city clerk shall be entitled to a fee of {thirty}
thirty-five
dollars, which sum shall be paid by the applicants before or at
the time the license is issued.
...on or before the fifteenth day of each month, each town and
city clerk, except in the city of New York, shall transmit to the
state commissioner of health {twenty-two}
twenty-seven dollars and
fifty cents of which shall be paid into the vital records
management account as provided by section ninety-seven-cccc of the
state finance law
and five dollars of which shall be deposited
into the domestic violence awareness trust fund provided for in
section seventy-nine of the state finance law.
Subdivision 4 of section 15 of the domestic relations law, as
amended by chapter 424 of the laws of 1990, is amended to read as
follows:
4. Notwithstanding any other provision of this section, the city
clerk of the city of New York, before issuing any licenses herein
provided for, shall be entitled to a fee of {twenty-five}
thirty
dollars, which sum shall be paid by the applicants before or at
the time the license is issued {and all} twenty-five dollars of
the amount received from
such fees {so received} shall be paid
monthly into the city treasury.
Section 6. Section 15 of the domestic relations law is amended by
adding a new subdivision 5 to read as follows:
5. On or before the fifteenth day of each month, five dollars of
the amount received from the fees provided in this section shall
be transmitted to the state comptroller into the domestic violence
awareness trust fund provided for in section seventy-nine of the
state finance law.
Subdivisions 6 and 7 of section 4139 of the public health law, as
amended by section 1 of part W2 of chapter 62 of the laws of 2003,
are amended to read as follows:
6. The commissioner shall be entitled to a fee of {thirty}
thirty-five
dollars for each certification, certified copy or certified
transcript of certificate of dissolution of marriage furnished.
7. For a search of the files where no such certification, certified
copy, or certified transcript is furnished, or for a certification
that a search discloses no record of a dissolution of marriage,
the commissioner shall be entitled to a fee of {thirty}
thirty-five dollars.
Section 4139 of the public health law is amended by adding a new
subdivision 9 to read as follows:
9. On or before the fifteenth day of each month, five dollars of
the amount received from the fees provided for in this section shall
be transmitted to the state comptroller for deposit into the
domestic violence awareness trust fund provided for in section
seventy-nine of the state finance law.
The state finance law is amended by adding a new section 79 to
read as follows:
79. Domestic violence awareness trust fund.
1. There is hereby established in joint custody of the comptroller
and the commissioner of taxation and finance a separate and
distinct fund to be known as the domestic violence awareness trust
fund. Such fund shall consist of any monies collected from that
portion of marriage license fees and certificates of dissolution
of marriage specifically provided for deposit into such fund and
funds from any other source including but not limited to federal
funds, donations from private individuals, corporations or
foundations, and any interest earnings which may accrue from the
investment of monies in the fund, for the implementation of
programs provided for in this section. All funds received by the
comptroller on behalf of the fund shall be deposited by the
comptroller to the credit of the fund.
2. Donations from private individuals, corporations, or
foundations deposited in the fund may be invested by the
comptroller pursuant to the provisions of section ninety-eight-a
of this article. Any income from such investments shall be
deposited to the credit of the fund.
3. Monies of the fund, when allocated, shall be available to the
office for the prevention for domestic violence for the
establishment and maintenance of domestic violence programs.
4. Monies shall be payable from the fund on the audit and warrant
of the comptroller on vouchers approved and certified by the
director of the office for the prevention of domestic violence.
5. Monies from the additional marriage license fees and
certificates of dissolution of marriage specifically deposited
into the fund as provided by law shall be a supplemental source
of funding for domestic violence programs and shall not be used to
replace or diminish the appropriation of funds out of the
general fund or from any source of money to such programs or to
the office of domestic violence. Furthermore, nothing contained in
this section is intended to prohibit the appropriation of other
funds out of the state general fund to the office or to other
domestic violence programs; provided, however that such programs
may use the funding provided by the fund to replace funding from
other sources.
JUSTIFICATION:
In order to end this epidemic, we must inform the
youth of this problem and make available to them options if they
are being victimized.
PRIOR LEGISLATIVE HISTORY:
2007/08: A.4583 Referred to Education
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect April 1, 2012.
S1871-2011 Text
S T A T E O F N E W Y O R K
1871 2011-2012 Regular Sessions I N SENATE January 13, 2011
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to requiring domestic violence awareness in the curriculum and to amend the domestic relations law, the public health law and the state finance law, in relation to increasing fees charged for the issuance of a marriage license and filing of certificates of dissolution of marriage for the purposes of establishing and maintaining domestic violence programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 804-e to read as follows:
S 804-E. DOMESTIC VIOLENCE AWARENESS. 1. ALL SCHOOLS SHALL BE AUTHOR IZED TO INCLUDE INSTRUCTION WITH REGARDS TO DOMESTIC VIOLENCE AWARENESS. 2. INSTRUCTION REGARDING DOMESTIC VIOLENCE AWARENESS SHALL BE INCLUDED IN THE HEALTH EDUCATION PROVIDED FOR ALL PUPILS AND SHALL BE TAUGHT BY TEACHERS HOLDING A CERTIFICATE TO TEACH HEALTH. SUCH INSTRUCTION SHALL BE DESIGNED ACCORDING TO THE NEEDS AND ABILITIES OF THE PUPILS AT SUCCESSIVE GRADE LEVELS WITH THE PURPOSE OF DEVELOPING AWARENESS OF DOMESTIC VIOLENCE ISSUES AND PROMOTING KNOWLEDGE OF PREVENTION, IDEN TIFICATION AND SCREENING PROTECTIONS PROVIDED BY STATEWIDE AND COMMUNITY BASED ORGANIZATIONS. 3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB LISH A CURRICULUM FOR INSTRUCTION REGARDING DOMESTIC VIOLENCE AWARENESS TO BE AVAILABLE IN SCHOOL DISTRICTS. THE CONTENTS MAY BE VARIED TO MEET THE NEEDS OF PARTICULAR SCHOOL DISTRICTS, OR PORTIONS THEREOF, AND NEED NOT BE UNIFORM THROUGHOUT THE STATE. 4. SCHOOL AUTHORITIES SHALL BE AUTHORIZED TO PROVIDE THE NEEDED FACIL ITIES, TIME, AND PLACE FOR THE INSTRUCTION SET FORTH IN THIS SECTION AND TO PROVIDE LEARNING AIDS AND CURRICULUM RESOURCE MATERIALS WHICH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05818-01-1
S. 1871 2 CONTRIBUTE TO EFFECTIVE TEACHING METHODS AND LEARNING IN HEALTH EDUCA TION REGARDING DOMESTIC VIOLENCE AWARENESS.
S 2. Paragraph a of subdivision 2 of section 14-a of the domestic relations law, as amended by chapter 413 of the laws of 1991, is amended to read as follows:
a. Such town and city clerks shall be entitled to a fee for such certificate, payable at the time of issuance of the marriage license, in a sum not exceeding [ten] FIFTEEN dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such cities. The town and city clerks shall, upon request of any applicant whose name appears thereon, issue a similar certificate of marriage, as set forth above, and simi larly expanded with additional facts upon the express additional request, for all marriages heretofore indexed and recorded in the office of the town or city clerks. For such certificate of marriage, the town and city clerks shall be entitled to a fee not exceeding [ten] FIFTEEN dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such city.
S 3.
Section 14-a of the domestic relations law is amended by adding a new subdivision 6 to read as follows:
6. ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF ALL AMOUNTS RECEIVED FROM THE FEES PROVIDED FOR IN THIS SECTION SHALL BE TRANSMITTED TO THE STATE COMPTROLLER FOR DEPOSIT INTO THE DOMESTIC VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
S 4. Subdivision 3 of section 15 of the domestic relations law, as amended by section 5 of part W2 of chapter 62 of the laws of 2003, is amended to read as follows:
3. If it shall appear upon an application for a marriage license that either party is under the age of sixteen years, the town or city clerk shall require, in addition to any consents provided for in this section, the written approval and consent of a justice of the supreme court or of a judge of the family court, having jurisdiction over the town or city in which the application is made, to be attached to or endorsed upon the application, before the license is issued. The application for such approval and consent shall be heard by the judge at chambers. All papers and records pertaining to any such application shall be sealed by him and withheld from inspection, except by order of a court of competent jurisdiction. Before issuing any licenses herein provided for, the town or city clerk shall be entitled to a fee of [thirty] THIRTY-FIVE dollars, which sum shall be paid by the applicants before or at the time the license is issued. Any town or city clerk who shall issue a license to marry any persons one or both of whom shall not be at the time of the marriage under such license legally competent to marry without first requiring the parties to such marriage to make such affidavits and statements or who shall not require the production of documentary proof of age or the procuring of the approval and consents provided for by this article, which shall show that the parties authorized by said license to be married are legally competent to marry, shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of one hundred dollars for each and every offense. On or before the fifteenth day of each month, each town and city clerk, except in the city of New York, shall transmit to the state commissioner of health [twenty-two] TWENTY-SEVEN dollars and fifty cents of the amount received for each fee collected, TWENTY-TWO DOLLARS AND FIFTY CENTS OF which shall be paid S. 1871 3 into the vital records management account as provided by section nine ty-seven-cccc of the state finance law AND FIVE DOLLARS OF WHICH SHALL BE DEPOSITED INTO THE DOMESTIC VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. In any city the balance of all fees collected for the issuing of a marriage license, or for solemnizing a marriage, so far as collected for services rendered by any officer or employee of such city, shall be paid monthly into the city treasury and may by ordinance be credited to any fund therein designated, and said ordinance, when duly enacted, shall have the force of law in such city. Notwithstanding any other provisions of this arti cle, the clerk of any city with the approval of the governing body of such city is hereby authorized to designate, in writing filed in the city clerk's office, a deputy clerk, if any, and/or other city employees in such office to receive applications for, examine applications, inves tigate and issue marriage licenses in the absence or inability of the clerk of said city to act, and said deputy and/or employees so desig nated are hereby vested with all the powers and duties of said city clerk relative thereto. Such deputy and/or employees shall perform said duties without additional compensation.
S 5. Subdivision 4 of section 15 of the domestic relations law, as amended by chapter 424 of the laws of 1990, is amended to read as follows:
4. Notwithstanding any other provision of this section, the city clerk of the city of New York, before issuing any licenses herein provided for, shall be entitled to a fee of [twenty-five] THIRTY dollars, which sum shall be paid by the applicants before or at the time the license is issued and [all] TWENTY-FIVE DOLLARS OF THE AMOUNT RECEIVED FROM such fees [so received] shall be paid monthly into the city treasury.
S 6.
Section 15 of the domestic relations law is amended by adding a new subdivision 5 to read as follows:
5. ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF THE AMOUNT RECEIVED FROM THE FEES PROVIDED IN THIS SECTION SHALL BE TRANS MITTED TO THE STATE COMPTROLLER FOR DEPOSIT INTO THE DOMESTIC VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
S 7. Subdivisions 6 and 7 of section 4139 of the public health law, as amended by section 1 of part W2 of chapter 62 of the laws of 2003, are amended to read as follows:
6. The commissioner shall be entitled to a fee of [thirty] THIRTY-FIVE dollars for each certification, certified copy or certified transcript of certificate of dissolution of marriage furnished. 7. For a search of the files where no such certification, certified copy, or certified transcript is furnished, or for a certification that a search discloses no record of a dissolution of marriage, the commis sioner shall be entitled to a fee of [thirty] THIRTY-FIVE dollars.
S 8.
Section 4139 of the public health law is amended by adding a new subdivision 9 to read as follows:
9. ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF THE AMOUNT RECEIVED FROM THE FEES PROVIDED FOR IN THIS SECTION SHALL BE TRANSMITTED TO THE STATE COMPTROLLER FOR DEPOSIT INTO THE DOMESTIC VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
S 9. The state finance law is amended by adding a new section 81 to read as follows:
S 81. DOMESTIC VIOLENCE AWARENESS TRUST FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER S. 1871 4 OF TAXATION AND FINANCE A SEPARATE AND DISTINCT FUND TO BE KNOWN AS THE DOMESTIC VIOLENCE AWARENESS TRUST FUND. SUCH FUND SHALL CONSIST OF ANY MONIES COLLECTED FROM THAT PORTION OF MARRIAGE LICENSE FEES AND CERTIF ICATES OF DISSOLUTION OF MARRIAGE SPECIFICALLY PROVIDED FOR DEPOSIT INTO SUCH FUND AND FUNDS FROM ANY OTHER SOURCE INCLUDING BUT NOT LIMITED TO, FEDERAL FUNDS, DONATIONS FROM PRIVATE INDIVIDUALS, CORPORATIONS OR FOUN DATIONS AND ANY INTEREST EARNINGS WHICH MAY ACCRUE FROM THE INVESTMENT OF MONIES IN THE FUND, FOR THE IMPLEMENTATION OF PROGRAMS PROVIDED FOR IN THIS SECTION. ALL FUNDS RECEIVED BY THE COMPTROLLER ON BEHALF OF THE FUND SHALL BE DEPOSITED BY THE COMPTROLLER TO THE CREDIT OF THE FUND. 2. DONATIONS FROM PRIVATE INDIVIDUALS, CORPORATIONS, OR FOUNDATIONS DEPOSITED IN THE FUND MAY BE INVESTED BY THE COMPTROLLER PURSUANT TO THE PROVISIONS OF SECTION NINETY-EIGHT-A OF THIS ARTICLE. ANY INCOME FROM SUCH INVESTMENTS SHALL BE DEPOSITED TO THE CREDIT OF THE FUND. 3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE FOR THE ESTABLISHMENT AND MAINTENANCE OF DOMESTIC VIOLENCE PROGRAMS. 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE. 5. MONIES FROM THE ADDITIONAL MARRIAGE LICENSE FEES AND CERTIFICATES OF DISSOLUTION OF MARRIAGE SPECIFICALLY DEPOSITED INTO THE FUND AS PROVIDED BY LAW SHALL BE A SUPPLEMENTAL SOURCE OF FUNDING FOR DOMESTIC VIOLENCE PROGRAMS AND SHALL NOT BE USED TO REPLACE OR TO DIMINISH THE APPROPRIATION OF FUNDS OUT OF THE GENERAL FUND OR FROM ANY SOURCE OF MONEY TO SUCH PROGRAMS OR TO THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE. FURTHERMORE, NOTHING CONTAINED IN THIS SECTION IS INTENDED TO PROHIBIT THE APPROPRIATION OF OTHER FUNDS OUT OF THE STATE GENERAL FUND TO THE OFFICE OR TO OTHER DOMESTIC VIOLENCE PROGRAMS; PROVIDED, HOWEVER THAT SUCH PROGRAMS MAY USE THE FUNDING PROVIDED BY THE FUND TO REPLACE FUNDING FROM OTHER SOURCES.
S 10. This act shall take effect April 1, 2012.
*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.
Discuss!
blog comments powered by Disqus