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.
