Bill Text: NY S02333 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to ovarian cancer research.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-26 - PRINT NUMBER 2333A [S02333 Detail]
Download: New_York-2015-S02333-Introduced.html
Bill Title: Relates to ovarian cancer research.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-26 - PRINT NUMBER 2333A [S02333 Detail]
Download: New_York-2015-S02333-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2333 2015-2016 Regular Sessions I N S E N A T E January 22, 2015 ___________ Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the state finance law, the tax law and the vehicle and traffic law, in relation to ovarian cancer research THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The opening paragraph of paragraph (b) and paragraph (d) of 2 subdivision 1 of section 2410 of the public health law, the opening 3 paragraph of paragraph (b) as added and paragraph (d) as amended by 4 chapter 32 of the laws of 2008, are amended to read as follows: 5 the governor shall appoint six regional members, three of whom shall 6 serve as full voting members and three of whom shall serve as alterna- 7 tive members without voting rights. Such regional members shall be 8 persons who have or have had breast OR OVARIAN cancer, and shall be 9 actively involved with a community-based, grass-roots breast OR OVARIAN 10 cancer organization. Two of such appointments shall be made upon the 11 recommendation of the temporary president of the senate and two shall be 12 made upon the recommendation of the speaker of the assembly. One 13 regional member shall be appointed from each of the following geographic 14 areas of the state: Long Island, New York City, the Hudson Valley, 15 Northern New York, Central New York and Western New York. The order of 16 appointments and recommendations for appointments and voting rights 17 shall rotate as follows: 18 (d) the governor shall appoint one voting member who shall be a person 19 who has or has survived breast OR OVARIAN cancer and one voting member 20 who shall be a person who has or has survived prostate or testicular 21 cancer. 22 The governor shall designate the chair of the board. The governor, 23 temporary president of the senate, minority leader of the senate, speak- 24 er of the assembly, and minority leader of the assembly may solicit EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07772-01-5 S. 2333 2 1 recommendations from the Centers for Disease Control and Prevention, the 2 National Institutes of Health, the Federal Agency For Health Care Policy 3 and Research, and the National Academy of Sciences for appointments or 4 recommendations for appointments to the board. 5 S 2. Paragraphs (a), (b), (c), (e) and (h) of subdivision 1 of section 6 2411 of the public health law, as amended by section 5 of part A of 7 chapter 60 of the laws of 2014, are amended to read as follows: 8 (a) Survey state agencies, boards, programs and other state govern- 9 mental entities to assess what, if any, relevant data has been or is 10 being collected which may be of use to researchers engaged in breast OR 11 OVARIAN cancer research; 12 (b) Consistent with the survey conducted pursuant to paragraph (a) of 13 this subdivision, compile a list of data collected by state agencies 14 which may be of assistance to researchers engaged in breast OR OVARIAN 15 cancer research as established in section twenty-four hundred twelve of 16 this title; 17 (c) Consult with the Centers for Disease Control and Prevention, the 18 National Institutes of Health, the Federal Agency For Health Care Policy 19 and Research, the National Academy of Sciences and other organizations 20 or entities which may be involved in cancer research to solicit both 21 information regarding breast AND OVARIAN cancer research projects that 22 are currently being conducted and recommendations for future research 23 projects; 24 (e) Solicit, receive, and review applications from public and private 25 agencies and organizations and qualified research institutions for 26 grants from the breast AND OVARIAN cancer research and education fund, 27 created pursuant to section ninety-seven-yy of the state finance law, to 28 conduct research or educational programs which focus on the causes, 29 prevention, screening, treatment and cure of breast AND OVARIAN cancer 30 and may include, but are not limited to mapping of breast AND OVARIAN 31 cancer, and basic, behavioral, clinical, demographic, environmental, 32 epidemiologic and psychosocial research. The board shall make recommen- 33 dations to the commissioner, and the commissioner shall, in his or her 34 discretion, grant approval of applications for grants from those appli- 35 cations recommended by the board. The board shall consult with the 36 Centers for Disease Control and Prevention, the National Institutes of 37 Health, the Federal Agency For Health Care Policy and Research, the 38 National Academy of Sciences, breast cancer advocacy groups, and other 39 organizations or entities which may be involved in breast AND OVARIAN 40 cancer research to solicit both information regarding breast AND OVARIAN 41 cancer research projects that are currently being conducted and recom- 42 mendations for future research projects. As used in this section, "qual- 43 ified research institution" may include academic medical institutions, 44 state or local government agencies, public or private organizations 45 within this state, and any other institution approved by the department, 46 which is conducting a breast OR OVARIAN cancer research project or 47 educational program. If a board member submits an application for a 48 grant from the breast AND OVARIAN cancer research and education fund, he 49 or she shall be prohibited from reviewing and making a recommendation on 50 the application; 51 (h) Meet at least six times in the first year, at the request of the 52 chair and at any other time as the chair deems necessary. The board 53 shall meet at least two times a year and as needed thereafter. Provided, 54 however, that at least one such meeting a year shall be a public hear- 55 ing, at which the general public may question and present information 56 and comments to the board with respect to the operation of the health S. 2333 3 1 research science board, the breast AND OVARIAN cancer research and 2 education fund, and pesticide reporting established pursuant to sections 3 33-1205 and 33-1207 of the environmental conservation law. At such hear- 4 ing, the commissioner of the department of environmental conservation or 5 his or her designee shall make a report to the board with respect to the 6 efficiency and utility of pesticide reporting established pursuant to 7 sections 33-1205 and 33-1207 of the environmental conservation law. 8 Should the existing bylaws be amended by the board, any such amendments 9 shall be consistent with the revisions of this paragraph[;]. 10 S 3. Section 2412 of the public health law, as amended by chapter 219 11 of the laws of 1997, is amended to read as follows: 12 S 2412. Agency implementation. All state agencies, including, but not 13 limited to, the departments of agriculture and markets, environmental 14 conservation, and health, shall review their programs and operations 15 (pursuant to guidelines established by the board) to determine whether 16 they currently collect data which may be of use to researchers engaged 17 in breast, OVARIAN, prostate or testicular cancer research. Any agency 18 collecting such data shall forward a description of the data to the 19 health research science board. 20 S 4. Section 2413 of the public health law, as amended by section 5-a 21 of part A of chapter 60 of the laws of 2014, is amended to read as 22 follows: 23 S 2413. Biennial report. The commissioner shall submit a report on or 24 before January first commencing in nineteen hundred ninety-nine, and 25 biennially thereafter, to the governor, the temporary president of the 26 senate and the speaker of the assembly concerning the operation of the 27 health research science board. Such report shall include recommendations 28 from the health research science board including, but not limited to, 29 the types of data that would be useful for breast OR OVARIAN cancer 30 researchers and whether private citizen use of residential pesticides 31 should be added to the reporting requirements. The report shall also 32 include a summary of research requests granted or denied. In addition, 33 such report shall include an evaluation by the commissioner, the commis- 34 sioner of the department of environmental conservation and the health 35 research science board of the basis, efficiency and scientific utility 36 of the information derived from pesticide reporting pursuant to sections 37 33-1205 and 33-1207 of the environmental conservation law and recommend 38 whether such system should be modified or continued. The report shall 39 include a summary of the comments and recommendations presented by the 40 public at the board's public hearings. 41 S 5. Section 97-yy of the state finance law, as added by chapter 279 42 of the laws of 1996, subdivisions 2 and 2-a as amended by chapter 385 of 43 the laws of 2007, and subdivision 2-b as added by section 5-b of part A 44 of chapter 60 of the laws of 2014, is amended to read as follows: 45 S 97-yy. Breast AND OVARIAN cancer research and education fund. 1. 46 There is hereby established in the joint custody of the commissioner of 47 taxation and finance and the comptroller, a special fund to be known as 48 the "breast AND OVARIAN cancer research and education fund". 49 2. Such fund shall consist of all revenues received by the department 50 of taxation and finance, pursuant to the provisions of section two 51 hundred nine-D and section six hundred twenty-seven of the tax law, all 52 moneys collected pursuant to section four hundred four-q of the vehicle 53 and traffic law, as added by chapter five hundred twenty-eight of the 54 laws of nineteen hundred ninety-nine, and all other moneys appropriated, 55 credited, or transferred thereto from any other fund or source pursuant 56 to law. For each state fiscal year, there shall be appropriated to the S. 2333 4 1 fund by the state, in addition to all other moneys required to be depos- 2 ited into such fund, an amount equal to the amounts of monies collected 3 and deposited into the fund pursuant to sections two hundred nine-D and 4 six hundred twenty-seven of the tax law and section four hundred four-q 5 of the vehicle and traffic law, as added by chapter five hundred twen- 6 ty-eight of the laws of nineteen hundred ninety-nine, and the amounts of 7 moneys received and deposited into the fund from grants, gifts and 8 bequests during the preceding calendar year, as certified by the comp- 9 troller. Nothing contained herein shall prevent the state from receiving 10 grants, gifts or bequests for the purposes of the fund as defined in 11 this section and depositing them into the fund according to law. 12 2-a. On or before the first day of February each year, the comptroller 13 shall certify to the governor, temporary president of the senate, speak- 14 er of the assembly, chair of the senate finance committee and chair of 15 the assembly ways and means committee, the amount of money deposited in 16 the breast AND OVARIAN cancer research and education fund during the 17 preceding calendar year as the result of revenue derived pursuant to 18 sections two hundred nine-D and six hundred twenty-seven of the tax law 19 and section four hundred four-q of the vehicle and traffic law, as added 20 by chapter five hundred twenty-eight of the laws of nineteen hundred 21 ninety-nine, and from grants, gifts and bequests. 22 2-b. On or before the first day of February each year, the commission- 23 er of health shall provide a written report to the temporary president 24 of the senate, speaker of the assembly, chair of the senate finance 25 committee, chair of the assembly ways and means committee, chair of the 26 senate committee on health, and chair of the assembly health committee. 27 Such report shall include how the monies of the fund were utilized 28 during the preceding calendar year, and shall include: 29 (i) the amount of money dispersed from the fund; 30 (ii) recipients of awards from the fund; 31 (iii) the amount awarded to each; and 32 (iv) the purposes for which such awards were granted. 33 3. Monies of the fund shall be expended only for breast AND OVARIAN 34 cancer research and educational projects. As used in this section, 35 "breast AND OVARIAN cancer research and education projects" means scien- 36 tific research or educational projects which, pursuant to section two 37 thousand four hundred eleven of the public health law, are approved by 38 the department of health, upon the recommendation of the health research 39 science board. 40 4. Monies shall be payable from the fund on the audit and warrant of 41 the comptroller on vouchers approved and certified by the commissioner 42 of health. 43 5. To the extent practicable, the commissioner of health shall ensure 44 that all monies received during a fiscal year are expended prior to the 45 end of that fiscal year. 46 S 6. Section 209-D of the tax law, as added by chapter 279 of the laws 47 of 1996, is amended to read as follows: 48 S 209-D. Gift for breast AND OVARIAN cancer research and education. 49 Effective for any tax year commencing on or after January first, nine- 50 teen hundred ninety-six, a taxpayer in any taxable year may elect to 51 contribute to the support of the breast AND OVARIAN cancer research and 52 education fund. Such contribution shall be in any whole dollar amount 53 and shall not reduce the amount of the state tax owed by such taxpayer. 54 The commissioner shall include space on the corporate income tax return 55 to enable a taxpayer to make such contribution. Notwithstanding any 56 other provision of law, all revenues collected pursuant to this section S. 2333 5 1 shall be credited to the breast AND OVARIAN cancer research and educa- 2 tion fund and shall be used only for those purposes enumerated in 3 section ninety-seven-yy of the state finance law. 4 S 7. Section 627 of the tax law, as added by chapter 279 of the laws 5 of 1996, is amended to read as follows: 6 S 627. Gift for breast AND OVARIAN cancer research and education. 7 Effective for any tax year commencing on or after January first, nine- 8 teen hundred ninety-six, an individual in any taxable year may elect to 9 contribute to the breast AND OVARIAN cancer research and education fund. 10 Such contribution shall be in any whole dollar amount and shall not 11 reduce the amount of state tax owed by such individual. The commissioner 12 shall include space on the personal income tax return to enable a 13 taxpayer to make such contribution. Notwithstanding any other provision 14 of law all revenues collected pursuant to this section shall be credited 15 to the breast AND OVARIAN cancer research and education fund and used 16 only for those purposes enumerated in section ninety-seven-yy of the 17 state finance law. 18 S 8. Section 404-q of the vehicle and traffic law, as added by chapter 19 528 of the laws of 1999, subdivision 2 as amended by section 7-a of part 20 A of chapter 60 of the laws of 2014, is amended to read as follows: 21 S 404-q. Distinctive "drive for the cure" license plates. 1. Any 22 person residing in this state shall, upon request, be issued a distinc- 23 tive "drive for the cure" license plate in support of breast, OVARIAN, 24 prostate and testicular cancer research bearing the phrase "drive for 25 the cure". Application for said license plate shall be filed with the 26 commissioner in such form and detail as the commissioner shall 27 prescribe. 28 2. A distinctive "drive for the cure" license plate issued pursuant to 29 this section shall be issued in the same manner as other number plates 30 upon the payment of the regular registration fee prescribed by section 31 four hundred one of this article, provided, however, that an additional 32 annual service charge of twenty-five dollars shall be charged for such 33 plate. Twelve dollars and fifty cents from each twenty-five dollars 34 received as annual service charges under this section shall be deposited 35 to the credit of the breast AND OVARIAN cancer research and education 36 fund established pursuant to section ninety-seven-yy of the state 37 finance law and shall be used for research and education programs under- 38 taken pursuant to section twenty-four hundred ten of the public health 39 law. Twelve dollars and fifty cents from each twenty-five dollars 40 received as annual service charges under this section shall be deposited 41 to the credit of the New York State prostate and testicular cancer 42 research and education fund established pursuant to section 43 ninety-five-e of the state finance law and shall be used for research 44 and education programs undertaken pursuant to section ninety-five-e of 45 the state finance law. Provided, however that one year after the effec- 46 tive date of this section funds in the amount of six thousand dollars, 47 or so much thereof as may be available, shall be allocated to the 48 department to offset costs associated with the production of such 49 license plates. 50 S 9. This act shall take effect on the sixtieth day after it shall 51 have become a law.