senate Bill S882

Amended

Creates the lymphedema and lymphatic diseases research grants 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

  • 05 / Jan / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 04 / Jan / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 18 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 18 / Jan / 2012
    • PRINT NUMBER 882A

Summary

Creates the lymphedema and lymphatic diseases research grants program; grants, not to exceed $50,000, would be awarded on a competitive basis to biomedical research institutions conducting direct research related to lymphedema and lymphatic disease.

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Bill Details

See Assembly Version of this Bill:
A3394
Versions:
S882
S882A
Legislative Cycle:
2011-2012
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add §3153-a, Pub Auth L; add §99-t, St Fin L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2585A, A4321A, A5321A
2007-2008: S4266A, A10892, A5889A

Sponsor Memo

BILL NUMBER:S882

TITLE OF BILL:
An act
to amend the public authorities law, in relation to establishing a
lymphedema and lymphatic diseases research grants program; and
to amend the state finance law, in relation to creating the lymphedema
and lymphatic diseases research fund

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would establish a lymphedema and lymphatic disease
research grants program. Grants, not to exceed fifty thousand
dollars, would be awarded on a completive basis to biomedical
research institutions that are conducting direct research related to
lymphedema and lymphatic disease.

SUMMARY OF SPECIFIC PROVISIONS:
The public authorities law is amended by adding a new section 3153-A.

JUSTIFICATION:
This legislation would establish a lymphedema and lymphatic disease
research grants program. Grants, not to exceed fifty thousand
dollars, would be awarded on a completive basis to biomedical
research institutions that are conducting direct research related to
lymphedema and lymphatic disease.

Lymphedema is an accumulation of lymphatic fluid in the interstitial
tissue that causes swelling, most often in the annes) or leges), and
occasionally in other parts of the body. Lymphedema can develop when
lymphatic vessels are missing" or impaired (primary), or when lymph
vessels are damaged or lymph nodes removed (secondary).

Radiation therapy, used in the treatment of various cancers and some
AIDS-related diseases, can damage otherwise healthy lymph nodes and
vessels causing scar tissue to form which interrupts the normal flow
of the lymphatic fluid.

Moreover, untreated, lymphedema can lead into a decrease or loss of
functioning of the limbs, skin breakdown, and chronic infections. In
the most severe cases, untreated lymphedema can develop into a rare
form of lymphatic cancer.

This legislation would provide much need funding to those involved in
direct research of lymphedema or lymphatic diseases. These diseases
are far more common than society notes; however, funding for research
has historically not kept pace to the dramatically growing need for it.

PRIOR LEGISLATIVE HISTORY:
2006: A.11080
2007-08: S.4266A - Committed to Rules
2009-10: S.2585A - Referred to Corporations, Authorities & Commissions

FISCAL IMPLICATIONS:
Subject to available appropriations.

EFFECTIVE DATE:


This act shall take effect immediately.

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

                                   882

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. GOLDEN, JOHNSON, LARKIN, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Corporations, Authorities and Commissions

AN  ACT to amend the public authorities law, in relation to establishing
  a lymphedema and lymphatic diseases research grants  program;  and  to
  amend  the  state  finance law, in relation to creating the lymphedema
  and lymphatic diseases research fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public  authorities  law  is amended by adding a new
section 3153-a to read as follows:
  S 3153-A. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH  GRANTS  PROGRAM.
1.  THE FOUNDATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, ESTABLISH THE
LYMPHEDEMA AND LYMPHATIC DISEASES  RESEARCH  GRANTS  PROGRAM,  HEREAFTER
"GRANTS  PROGRAM." THE GRANTS PROGRAM SHALL BE ADMINISTERED BY THE FOUN-
DATION, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH.  SUCH  GRANTS
PROGRAM  FUNDS SHALL BE USED TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM
OF GRANTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS PER GRANT, TO  NEW  YORK
STATE  BIOMEDICAL  RESEARCH  INSTITUTIONS FOR WORKING CAPITAL TO FURTHER
NEW AND EMERGING RESEARCH AND DEVELOPMENT FOR THE DIAGNOSIS  AND  TREAT-
MENT  OF LYMPHEDEMA AND LYMPHATIC DISEASES. SUCH GRANTS SHALL BE AWARDED
ON A COMPETITIVE BASIS TO BIOMEDICAL RESEARCH INSTITUTIONS RESPONDING TO
REQUESTS FOR PROPOSALS ISSUED BY THE FOUNDATION WHEN FUNDS ARE APPROPRI-
ATED.
  2. (A) "BIOMEDICAL RESEARCH INSTITUTION" SHALL MEAN  A  NOT-FOR-PROFIT
UNIVERSITY,  COLLEGE,  HOSPITAL,  PRIVATE OR FEDERAL RESEARCH LABORATORY
LOCATED IN NEW YORK  STATE,  OR  A  CONSORTIA  OF  SUCH  ENTITIES,  THAT
CONDUCTS  AN  INTENSIVE  AND ONGOING PROGRAM OF RESEARCH AND DEVELOPMENT
DIRECTLY RELATED TO LYMPHEDEMA AND/OR LYMPHATIC DISEASES RESEARCH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04194-01-1

S. 882                              2

  (B) "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN  THE
INTERSTITIAL  TISSUE THAT CAUSES SWELLING, MOST OFTEN IN THE ARMS AND/OR
LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, FROM ANY CAUSE.
  (C)  "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:  INSUF-
FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION  (TO  INCLUDE  ALL  FORMS  OF
LYMPHEDEMA)  LIPEDEMA,  COMPLEX  CONGENITAL  DISEASES  OF  THE LYMPHATIC
VASCULATURE,  INCLUDING  LYMPHANGIOMATOSIS,   LYMPHANGIOLEIO-MYOMATOSIS,
LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
LYMPHANGIOLEIO-MYOMATOSIS, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
  3. IN ADDITION TO SUCH OTHER CRITERIA AS THE FOUNDATION MAY  ADOPT  IN
RULES  AND  REGULATIONS FOR THE CONSIDERATION OF APPLICATIONS FOR GRANTS
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FOUNDATION SHALL:
  (A) DETERMINE THAT THE APPLICANT IS UNABLE TO OBTAIN SUFFICIENT  FUND-
ING  ON  REASONABLE TERMS FROM OTHER PUBLIC OR PRIVATE SOURCES TO PERMIT
THE INSTITUTION'S PLANNED INVESTMENT TO  PROCEED  WITHOUT  THE  REQUIRED
ASSISTANCE;
  (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL
RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR RESEARCH OR COMMIT
NEW  RESOURCES  TO  THE  EXPANSION  OF LYMPHEDEMA AND LYMPHATIC DISEASES
RESEARCH; AND
  (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF
AWARDING THE SPECIFIC GRANT AND WHETHER  THE  GRANT  WILL  RESULT  IN  A
REASONABLE  LIKELIHOOD  OF  SUCCESS IN MEETING THE PURPOSES FOR WHICH IT
WAS SOUGHT BY THE APPLICANT.
  4. THE FOUNDATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,  MAY
APPLY TO THE NATIONAL INSTITUTES OF HEALTH, THE UNITED STATES DEPARTMENT
OF HEALTH AND HUMAN SERVICES, AND OTHER APPROPRIATE FEDERAL, PUBLIC, AND
PRIVATE  ENTITIES  FOR  FUNDING. SUCH MONIES SHALL BE DEPOSITED INTO THE
LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND  EDUCATION  FUND,  ESTAB-
LISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW.
  5.  THE  FOUNDATION  SHALL  SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND TO ANY OTHER  STATE
LEGISLATOR  AT  HIS  OR  HER  REQUEST, A REPORT ON THE GRANTS PROGRAM BY
SEPTEMBER FIRST, TWO THOUSAND THIRTEEN  AND  ANNUALLY  THEREAFTER.  SUCH
REPORT  SHALL  INCLUDE, FOR EACH GRANT AWARDED, THE NAME AND LOCATION OF
THE RECIPIENT, A DESCRIPTION OF THE PRODUCT, DEVICE,  TECHNIQUE,  SYSTEM
OR  PROCESS BEING RESEARCHED AND DEVELOPED, THE RECIPIENT'S RELATIONSHIP
TO THE RESEARCH INSTITUTION, THE AMOUNT AND USE OF THE GRANT, THE  TOTAL
PROJECT  COST,  AND  SUCH OTHER INFORMATION AS THE FOUNDATION SHALL DEEM
APPROPRIATE. SUCH REPORT SHALL ALSO INCLUDE A LIST OF ALL APPLICANTS AND
THEIR CONTACT INFORMATION, REGARDLESS OF RECEIVING A GRANT, IN ORDER  TO
HELP DEMONSTRATE THE NEED FOR FUTURE FUNDS.
  6.  NOTHING  IN  THIS SECTION SHALL REQUIRE THE FOUNDATION TO DISCLOSE
ANY MATTERS INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR  WORK  PROD-
UCT,  WHETHER  PATENTABLE  OR NOT, INCLUDING ANY FORMULA, PLAN, PATTERN,
PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI-
LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO
CERTAIN INDIVIDUALS WHO ARE USING IT TO FABRICATE, PRODUCE  OR  COMPOUND
AN  ARTICLE  OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND WHICH GIVES
ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER  COMPETITORS
WHO DO NOT KNOW IT OR USE IT.
  S  2. The state finance law is amended by adding a new section 99-t to
read as follows:
  S 99-T. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION 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

S. 882                              3

AS THE LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH  AND  EDUCATION  FUND,
HEREAFTER THE "FUND."
  2.  SUCH  FUND  SHALL CONSIST OF ALL MONIES 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 LYMPHEDEMA AND  LYMP-
HATIC  DISEASES  RESEARCH AND EDUCATION PROJECTS APPROVED BY THE DEPART-
MENT OF HEALTH.
  4. (A) "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC  FLUID  IN
THE  INTERSTITIAL  TISSUE  THAT  CAUSES SWELLING, MOST OFTEN IN THE ARMS
AND/OR LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, REGARDLESS  OF
CAUSE.
  (B)  "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:  INSUF-
FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION (TO INCLUDE ALL FORM OF LYMP-
HEDEMA), LIPEDEMA, COMPLEX CONGENITAL DISEASES OF THE LYMPHATIC VASCULA-
TURE,    INCLUDING     LYMPHANGIOMATOSIS,     LYMPHANGIOLEIO-MYOMATOSIS,
LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
  (C)  "LYMPHEDEMA  AND  LYMPHATIC  DISEASES  RESEARCH   AND   EDUCATION
PROJECTS" SHALL MEAN RESEARCH BY QUALIFIED RESEARCHERS, AS DETERMINED BY
THE  DEPARTMENT OF HEALTH, TO STIMULATE RESEARCH ON THE PATHOGENESIS AND
NEW TREATMENTS FOR LYMPHEDEMA AND LYMPHATIC DISEASES. EDUCATION PROJECTS
ARE THOSE PROJECTS WHICH PROMOTE AND PROVIDE INFORMATION  ON  LYMPHEDEMA
AND  LYMPHATIC  DISEASES  INCLUDING:   PREVENTION, DIAGNOSIS, TREATMENT,
LONG-TERM CHRONIC CARE, AND/OR RESEARCH BY  QUALIFIED  ORGANIZATIONS  AS
DETERMINED BY THE DEPARTMENT OF HEALTH.
  5.  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.
  6.  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 3. This act shall take effect immediately.

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