Bill Text: NY A01842 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for taxpayer gifts for lupus education and prevention, and establishes the lupus education and prevention fund and outreach program.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2013-12-06 - enacting clause stricken [A01842 Detail]
Download: New_York-2013-A01842-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1842 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. GIBSON, JAFFEE, CRESPO, SCHIMEL -- Multi-Spon- sored by -- M. of A. COOK, MILLMAN, STEVENSON -- read once and referred to the Committee on Ways and Means AN ACT to amend the public health law, the tax law and the state finance law, in relation to providing for taxpayer gifts for lupus education and prevention, and establishing the lupus education and prevention fund and outreach program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature hereby finds the 2 following: 3 (a) Lupus is a serious, complex, debilitating autoimmune disease that 4 can cause inflammation and tissue damage to virtually any organ system 5 in the body, including the skin, joints, other connective tissue, blood 6 and blood vessels, heart, lungs, kidney, and brain. 7 (b) Lupus research estimates that approximately one and a half to two 8 million Americans live with some form of lupus; lupus affects women nine 9 times more often than men and eighty percent of newly diagnosed cases of 10 lupus develop among women of childbearing age. 11 (c) Lupus disproportionately affects women of color -- it is two to 12 three times more common among African-Americans, Hispanics, Asians and 13 Native Americans and is generally more prevalent in minority populations 14 -- a health disparity that remains unexplained. According to the Centers 15 for Disease Control and Prevention the rate of lupus mortality has 16 increased since the late 1970s and is higher among older African-Ameri- 17 can women. 18 (d) The pain and fatigue associated with lupus can threaten people's 19 ability to live independently, make it difficult to maintain employment 20 and lead normal lives, and one in five people with lupus is disabled by 21 the disease, and consequently receives support from government programs, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02056-01-3 A. 1842 2 1 including Medicare, Medicaid, social security disability, and social 2 security supplemental income. 3 (e) The estimated average annual cost of medical treatment for an 4 individual with lupus can range between ten thousand dollars and thirty 5 thousand dollars; for people who have the most serious form of lupus, 6 medical costs can greatly exceed this amount, causing a significant 7 economic, emotional and social burden to the entire family and society. 8 (f) More than half of the people with lupus suffer four or more years 9 and visit three or more physicians before obtaining a diagnosis of 10 lupus; early diagnosis of and commencement of treatment for lupus can 11 prevent or reduce serious organ damage, disability, and death. 12 (g) Despite the magnitude of lupus and its impact on individuals and 13 families, health professional and public understanding of lupus remains 14 low; only one of five Americans can provide even basic information about 15 lupus, and awareness of lupus is lowest among adults ages eighteen to 16 thirty-four -- the age group most likely to develop symptoms of lupus. 17 (h) Lupus is a significant national health issue that deserves a 18 comprehensive and coordinated response by state and federal governments 19 with involvement of the health care provider, patient, and public health 20 communities. 21 S 2. Subdivision 1 of section 207 of the public health law is amended 22 by adding a new paragraph (i) to read as follows: 23 (I) THE DANGERS OF, INCLUDING WAYS TO PREVENT THE INCIDENCE AND SEVER- 24 ITY OF, LUPUS, A DEBILITATING AUTOIMMUNE DISEASE THAT CAN CAUSE INFLAM- 25 MATION AND TISSUE DAMAGE TO VIRTUALLY ANY ORGAN SYSTEM IN THE BODY, 26 INCLUDING THE SKIN, JOINTS, OTHER CONNECTIVE TISSUE, BLOOD AND BLOOD 27 VESSELS, HEART, LUNG, KIDNEY AND BRAIN, AND WHICH AFFECTS WOMEN, PARTIC- 28 ULARLY WOMEN OF COLOR, IN A DISPROPORTIONATE MANNER; PROVIDED THAT THE 29 PROGRAM SHALL INCLUDE AN ADVISORY COUNCIL UNDER THIS SECTION THAT SHALL 30 INCLUDE REPRESENTATIVES OF PEOPLE WITH LUPUS AND THEIR FAMILIES AND 31 HEALTH CARE PROVIDERS WHO SPECIALIZE IN TREATING LUPUS, AMONG OTHERS. 32 S 3. Subdivision 7 of section 207 of the public health law, as 33 amended by section 16 of part A of chapter 109 of the laws of 2010, is 34 amended to read as follows: 35 7. In addition to state funds appropriated for programs under this 36 section, the commissioner may accept grants from public or private 37 sources for these programs. The commissioner, in administering this 38 section, shall seek to coordinate the department's programs with other 39 public and private programs, and may undertake joint or cooperative 40 programs with other public or private entities, INCLUDING MAKING GRANTS 41 (WITHIN AMOUNTS APPROPRIATED THEREFOR AND CONSISTENT WITH APPLICABLE 42 LAW) TO PUBLIC OR NOT-FOR-PROFIT ENTITIES. 43 S 4. The tax law is amended by adding a new section 209-H to read as 44 follows: 45 S 209-H. GIFT FOR LUPUS EDUCATION AND PREVENTION. A TAXPAYER IN ANY 46 TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE LUPUS EDUCA- 47 TION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR 48 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH 49 TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME 50 TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITH- 51 STANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO 52 THIS SECTION SHALL BE CREDITED TO THE LUPUS EDUCATION AND PREVENTION 53 FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION 54 NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW. 55 S 5. The tax law is amended by adding a new section 630-c to read as 56 follows: A. 1842 3 1 S 630-C. GIFT FOR LUPUS EDUCATION AND PREVENTION. AN INDIVIDUAL IN ANY 2 TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE LUPUS EDUCATION AND 3 PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT 4 AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. 5 THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN 6 TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY 7 OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION 8 SHALL BE CREDITED TO THE LUPUS EDUCATION AND PREVENTION FUND AND USED 9 ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-LLLL OF THE 10 STATE FINANCE LAW. 11 S 6. The state finance law is amended by adding a new section 97-llll 12 to read as follows: 13 S 97-LLLL. LUPUS EDUCATION AND PREVENTION FUND. 1. THERE IS HEREBY 14 ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND 15 FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LUPUS 16 EDUCATION AND PREVENTION FUND". 17 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT 18 OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION TWO 19 HUNDRED NINE-H AND SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW, AND ALL 20 OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY 21 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION 22 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE 23 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO 24 THE FUND ACCORDING TO LAW. 25 3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LUPUS EDUCATION AND 26 PREVENTION PROJECTS. AS USED IN THIS SECTION, "LUPUS EDUCATION AND 27 PREVENTION PROJECTS" MEANS EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR 28 LUPUS EDUCATION AND PREVENTION PROGRAMS, WHICH ARE APPROVED BY THE 29 DEPARTMENT OF HEALTH. 30 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 31 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER 32 OF HEALTH. 33 5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE 34 THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE 35 END OF THAT FISCAL YEAR. 36 S 7. This act shall take effect on the three hundred sixty-fifth day 37 after it shall have become a law.