Senate Bill S2585

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

                                 2585--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 24, 2009
                               ___________

Introduced   by  Sens.  GOLDEN,  BONACIC,  HANNON,  O. JOHNSON,  LARKIN,
  MAZIARZ, MORAHAN, PADAVAN, VOLKER -- read twice and  ordered  printed,
  and  when  printed  to  be committed to the Committee on Corporations,
  Authorities and Commissions -- recommitted to the Committee on  Corpo-
  rations, Authorities and Commissions 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08170-03-0
              

S. 2585--A                          2

CONDUCTS AN INTENSIVE AND ONGOING PROGRAM OF  RESEARCH  AND  DEVELOPMENT
DIRECTLY RELATED TO LYMPHEDEMA AND/OR LYMPHATIC DISEASES RESEARCH.
  (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-R 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  TWELVE  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-r to
read as follows:

S. 2585--A                          3

  S 99-R. 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
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.