Bill Text: NY A08466 | 2013-2014 | General Assembly | Amended
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 5-0)
Status: (Engrossed - Dead) 2014-06-09 - REFERRED TO FINANCE [A08466 Detail]
Download: New_York-2013-A08466-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8466--A I N A S S E M B L Y January 16, 2014 ___________ Introduced by M. of A. PEOPLES-STOKES, BRINDISI -- read once and referred to the Committee on Health -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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) No new drugs have been approved by the U.S. Food and Drug Adminis- 19 tration specifically for lupus in nearly forty years and while current 20 treatments for the disease can be effective, they can lead to damaging 21 side effects. 22 (e) The pain and fatigue associated with lupus can threaten people's 23 ability to live independently, make it difficult to maintain employment 24 and lead normal lives, and one in five people with lupus is disabled by EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05189-06-4 A. 8466--A 2 1 the disease, and consequently receives support from government programs, 2 including Medicare, Medicaid, social security disability, and social 3 security supplemental income. 4 (f) The estimated average annual cost of medical treatment for an 5 individual with lupus can range between ten thousand dollars and thirty 6 thousand dollars; for people who have the most serious form of lupus, 7 medical costs can greatly exceed this amount, causing a significant 8 economic, emotional and social burden to the entire family and society. 9 (g) More than half of the people with lupus suffer four or more years 10 and visit three or more physicians before obtaining a diagnosis of 11 lupus; early diagnosis of and commencement of treatment for lupus can 12 prevent or reduce serious organ damage, disability, and death. 13 (h) Despite the magnitude of lupus and its impact on individuals and 14 families, health professional and public understanding of lupus remains 15 low; only one of five Americans can provide even basic information about 16 lupus, and awareness of lupus is lowest among adults ages eighteen to 17 thirty-four -- the age group most likely to develop symptoms of lupus. 18 (i) Lupus is a significant national health issue that deserves a 19 comprehensive and coordinated response by state and federal governments 20 with involvement of the health care provider, patient, and public health 21 communities. 22 S 2. Subdivision 1 of section 207 of the public health law is amended 23 by adding a new paragraph (j) to read as follows: 24 (J) THE DANGERS OF, INCLUDING WAYS TO PREVENT THE INCIDENCE AND SEVER- 25 ITY OF, LUPUS, A DEBILITATING AUTOIMMUNE DISEASE THAT CAN CAUSE INFLAM- 26 MATION AND TISSUE DAMAGE TO VIRTUALLY ANY ORGAN SYSTEM IN THE BODY, 27 INCLUDING THE SKIN, JOINTS, OTHER CONNECTIVE TISSUE, BLOOD AND BLOOD 28 VESSELS, HEART, LUNG, KIDNEY AND BRAIN, AND WHICH AFFECTS WOMEN, PARTIC- 29 ULARLY WOMEN OF COLOR, IN A DISPROPORTIONATE MANNER; PROVIDED THAT THE 30 PROGRAM SHALL INCLUDE AN ADVISORY COUNCIL UNDER THIS SECTION THAT SHALL 31 INCLUDE REPRESENTATIVES OF PEOPLE WITH LUPUS AND THEIR FAMILIES AND 32 HEALTH CARE PROVIDERS WHO SPECIALIZE IN TREATING LUPUS, AMONG OTHERS. 33 S 3. Subdivision 7 of section 207 of the public health law, as 34 amended by section 16 of part A of chapter 109 of the laws of 2010, is 35 amended to read as follows: 36 7. In addition to state funds appropriated for programs under this 37 section, the commissioner may accept grants from public or private 38 sources for these programs. The commissioner, in administering this 39 section, shall seek to coordinate the department's programs with other 40 public and private programs, and may undertake joint or cooperative 41 programs with other public or private entities, INCLUDING MAKING GRANTS 42 (WITHIN AMOUNTS APPROPRIATED THEREFOR AND CONSISTENT WITH APPLICABLE 43 LAW) TO PUBLIC OR NOT-FOR-PROFIT ENTITIES. 44 S 4. The tax law is amended by adding a new section 209-I to read as 45 follows: 46 S 209-I. GIFT FOR LUPUS EDUCATION AND PREVENTION. A TAXPAYER IN ANY 47 TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE LUPUS EDUCA- 48 TION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR 49 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH 50 TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME 51 TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITH- 52 STANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO 53 THIS SECTION SHALL BE CREDITED TO THE LUPUS EDUCATION AND PREVENTION 54 FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION 55 NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW. A. 8466--A 3 1 S 5. The tax law is amended by adding a new section 630-d to read as 2 follows: 3 S 630-D. GIFT FOR LUPUS EDUCATION AND PREVENTION. AN INDIVIDUAL IN ANY 4 TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE LUPUS EDUCATION AND 5 PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT 6 AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. 7 THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN 8 TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY 9 OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION 10 SHALL BE CREDITED TO THE LUPUS EDUCATION AND PREVENTION FUND AND USED 11 ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-LLLL OF THE 12 STATE FINANCE LAW. 13 S 6. The state finance law is amended by adding a new section 97-llll 14 to read as follows: 15 S 97-LLLL. LUPUS EDUCATION AND PREVENTION FUND. 1. THERE IS HEREBY 16 ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND 17 FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LUPUS 18 EDUCATION AND PREVENTION FUND". 19 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT 20 OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION TWO 21 HUNDRED NINE-I AND SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW, AND ALL 22 OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY 23 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION 24 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE 25 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO 26 THE FUND ACCORDING TO LAW. 27 3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LUPUS EDUCATION AND 28 PREVENTION PROJECTS. AS USED IN THIS SECTION, "LUPUS EDUCATION AND 29 PREVENTION PROJECTS" MEANS EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR 30 LUPUS EDUCATION AND PREVENTION PROGRAMS, WHICH ARE APPROVED BY THE 31 DEPARTMENT OF HEALTH. 32 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 33 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER 34 OF HEALTH. 35 5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE 36 THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE 37 END OF THAT FISCAL YEAR. 38 S 7. This act shall take effect immediately.