BILL NUMBER: S2033
SPONSOR: HARCKHAM
 
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:
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.
 
JUSTIFICATION:
The sections of the state Constitution amended by this resolution were
first enacted during the 1938 Constitutional Convention. Since then, our
knowledge and appreciation of mental health services have advanced
greatly. Today, we recognize mental health as equal to other areas of
health, but unfortunately, our Constitution does not reflect that senti-
ment. 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 reflects the public opinion of
New Yorkers. This amendment 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.
 
LEGISLATIVE HISTORY:
2021-2022: S3995/A5238 - Sent to the Attorney General for opinion/Passed
Assembly
2019-2020: S7120 - Sent to the Attorney General for opinion.
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
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.