senate Bill S5721A

Provides for taxpayer gifts for lupus education and prevention, and establishes the lupus education and prevention fund and outreach program

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jun / 2011
    • REFERRED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 09 / Feb / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 09 / Feb / 2012
    • PRINT NUMBER 5721A
  • 15 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Provides for taxpayer gifts for lupus education and prevention, and establishes the lupus education and prevention fund and outreach program.

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Bill Details

See Assembly Version of this Bill:
A7896A
Versions:
S5721
S5721A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd §207, Pub Health L; add §§209-H & 630-c, Tax L; add §97-llll, St Fin L

Votes

13
0
13
Aye
0
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S5721A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes the lupus education and prevention fund which
will be financed by optional contributions derived from a taxpayer
check-off placed on all corporate and personal income tax forms.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides the legislature's intent in advancing lupus
education and prevention.

Section 2 specifically authorizes the Department of Health, through
its Health Care and Wellness Education and Outreach Program, to
conduct education and outreach for consumers, patients, and health
care providers relating to the dangers of lupus and ways to prevent
the incidence and severity of lupus. Such outreach and education
program shall include an advisory council under this section that
shall include representatives of people with lupus, their families,
and health care providers who specialize in treating lupus.

Section 3 amends PHL §207-(7) to allow the Health Care and Wellness
Education and Outreach Program to make grants, within amounts
appropriated, to public and not-for-profit entities.

Sections 4 and 5 add §§209-H and 630-c to the Tax Law, respectively,
to allow corporate and individual taxpayers the option of contributing
to the lupus education and prevention fund via a tax check-off on
their tax return.

Section 6 adds a §97-1111 to the State Finance Law to establish the
lupus education and prevention fund under the joint custody of the
commissioner of Taxation and Finance and state comptroller. Monies
received into this fund shall be expended only for lupus education and
prevention projects.

Section 7 provides the effective date.

JUSTIFICATION:
Lupus is a serious, complex, debilitating autoimmune disease that can
cause inflammation and tissue damage to virtually any organ system in
the body, including the skin, joints, other connective tissue, blood
and blood vessels, heart, lungs, kidney, and brain. This bill provides
a mechanism to raise funds in order to promote lupus awareness,
education and prevention.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:


JUSTIFICATION:
Lupus is a serious, complex, debilitating autoimmune disease that can
cause inflammation and tissue damage to virtually any organ system in
the body, including the skin, joints, other connective tissue, blood
and blood vessels, heart, lungs, kidney, and brain. This bill provides
a mechanism to raise funds in order to promote lupus awareness,
education and prevention.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the three hundred sixty-fifth day after
it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5721--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 13, 2011
                               ___________

Introduced  by  Sens.  HANNON, SAVINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- 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:

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  the
following:
  (a)  Lupus is a serious, complex, debilitating autoimmune disease that
can cause inflammation and tissue damage to virtually any  organ  system
in  the body, including the skin, joints, other connective tissue, blood
and blood vessels, heart, lungs, kidney, and brain.
  (b) Lupus research estimates that approximately one and a half to  two
million Americans live with some form of lupus; lupus affects women nine
times more often than men and eighty percent of newly diagnosed cases of
lupus develop among women of childbearing age.
  (c)  Lupus  disproportionately  affects women of color -- it is two to
three times more common among African-Americans, Hispanics,  Asians  and
Native Americans and is generally more prevalent in minority populations
-- a health disparity that remains unexplained. According to the Centers
for  Disease  Control  and  Prevention  the  rate of lupus mortality has
increased since the late 1970s and is higher among older  African-Ameri-
can women.
  (d)  The  pain and fatigue associated with lupus can threaten people's
ability to live independently, make it difficult to maintain  employment
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.
                                                           LBD11670-03-2

S. 5721--A                          2

the disease, and consequently receives support from government programs,
including Medicare, Medicaid, social  security  disability,  and  social
security supplemental income.
  (e)  The  estimated  average  annual  cost of medical treatment for an
individual with lupus can range between ten thousand dollars and  thirty
thousand  dollars;  for  people who have the most serious form of lupus,
medical costs can greatly exceed  this  amount,  causing  a  significant
economic, emotional and social burden to the entire family and society.
  (f)  More than half of the people with lupus suffer four or more years
and visit three or more  physicians  before  obtaining  a  diagnosis  of
lupus;  early  diagnosis  of and commencement of treatment for lupus can
prevent or reduce serious organ damage, disability, and death.
  (g) Despite the magnitude of lupus and its impact on  individuals  and
families,  health professional and public understanding of lupus remains
low; only one of five Americans can provide even basic information about
lupus, and awareness of lupus is lowest among adults  ages  eighteen  to
thirty-four -- the age group most likely to develop symptoms of lupus.
  (h)  Lupus  is  a  significant  national  health issue that deserves a
comprehensive and coordinated response by state and federal  governments
with involvement of the health care provider, patient, and public health
communities.
  S  2. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (i) to read as follows:
  (I) THE DANGERS OF, INCLUDING WAYS TO PREVENT THE INCIDENCE AND SEVER-
ITY OF, LUPUS, A DEBILITATING AUTOIMMUNE DISEASE THAT CAN CAUSE  INFLAM-
MATION  AND  TISSUE  DAMAGE  TO  VIRTUALLY ANY ORGAN SYSTEM IN THE BODY,
INCLUDING THE SKIN, JOINTS, OTHER CONNECTIVE  TISSUE,  BLOOD  AND  BLOOD
VESSELS, HEART, LUNG, KIDNEY AND BRAIN, AND WHICH AFFECTS WOMEN, PARTIC-
ULARLY  WOMEN  OF COLOR, IN A DISPROPORTIONATE MANNER; PROVIDED THAT THE
PROGRAM SHALL INCLUDE AN ADVISORY COUNCIL UNDER THIS SECTION THAT  SHALL
INCLUDE  REPRESENTATIVES  OF  PEOPLE  WITH  LUPUS AND THEIR FAMILIES AND
HEALTH CARE PROVIDERS WHO SPECIALIZE IN TREATING LUPUS, AMONG OTHERS.
  S 3.   Subdivision 7 of section 207  of  the  public  health  law,  as
amended  by  section 16 of part A of chapter 109 of the laws of 2010, is
amended to read as follows:
  7. In addition to state funds appropriated  for  programs  under  this
section,  the  commissioner  may  accept  grants  from public or private
sources for these programs.  The  commissioner,  in  administering  this
section,  shall  seek to coordinate the department's programs with other
public and private programs, and  may  undertake  joint  or  cooperative
programs  with other public or private entities, INCLUDING MAKING GRANTS
(WITHIN AMOUNTS APPROPRIATED THEREFOR  AND  CONSISTENT  WITH  APPLICABLE
LAW) TO PUBLIC OR NOT-FOR-PROFIT ENTITIES.
  S  4.  The tax law is amended by adding a new section 209-H to read as
follows:
  S 209-H. GIFT FOR LUPUS EDUCATION AND PREVENTION. A  TAXPAYER  IN  ANY
TAXABLE  YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE LUPUS EDUCA-
TION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE  TAX  OWED  BY  SUCH
TAXPAYER.  THE  COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME
TAX RETURN TO ENABLE A TAXPAYER TO MAKE  SUCH  CONTRIBUTION.    NOTWITH-
STANDING  ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO
THIS SECTION SHALL BE CREDITED TO THE  LUPUS  EDUCATION  AND  PREVENTION
FUND  AND  SHALL  BE  USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW.

S. 5721--A                          3

  S 5. The tax law is amended by adding a new section 630-c to  read  as
follows:
  S 630-C. GIFT FOR LUPUS EDUCATION AND PREVENTION. AN INDIVIDUAL IN ANY
TAXABLE  YEAR  MAY  ELECT  TO  CONTRIBUTE  TO  THE  LUPUS  EDUCATION AND
PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE  DOLLAR  AMOUNT
AND  SHALL  NOT  REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL.
THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX  RETURN
TO  ENABLE  A  TAXPAYER  TO  MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO  THIS  SECTION
SHALL  BE  CREDITED  TO THE LUPUS EDUCATION AND PREVENTION FUND AND USED
ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-LLLL  OF  THE
STATE FINANCE LAW.
  S  6. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. LUPUS EDUCATION AND PREVENTION FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN  AS  THE  "LUPUS
EDUCATION AND PREVENTION FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED  NINE-H AND SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW, AND ALL
OTHER MONEYS APPROPRIATED, CREDITED  OR  TRANSFERRED  THERETO  FROM  ANY
OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LUPUS  EDUCATION  AND
PREVENTION  PROJECTS.  AS  USED  IN  THIS  SECTION, "LUPUS EDUCATION AND
PREVENTION PROJECTS" MEANS EDUCATIONAL PROJECTS,  INCLUDING  GRANTS  FOR
LUPUS  EDUCATION  AND  PREVENTION  PROGRAMS,  WHICH  ARE APPROVED BY THE
DEPARTMENT OF HEALTH.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
  5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.
  S 7. This act shall take effect on the three hundred  sixty-fifth  day
after it shall have become a law.

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