Senate Bill S5751A

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

                                  5751

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  education  on  celiac
  disease;  to  amend  the tax law and state finance law, in relation to
  the celiac disease awareness and research fund; and to amend the vehi-
  cle and traffic law, in relation to distinctive plates for the  celiac
  disease awareness and research fund

  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. Celiac disease is a digestive disease that damages the small intes-
tine and interferes with absorption of nutrients from food.
  b. Celiac disease affects people in all parts of the world. Originally
thought  to be a rare childhood syndrome, celiac disease is now known to
be a common genetic disorder.
  c. More than two million people in the United States have the disease,
or about 1 in 133 people.
  d. People who have celiac disease cannot tolerate gluten, a protein in
wheat, rye, and barley. Gluten is found mainly in foods but may also  be
found in everyday products such as medicines, vitamins and lip balms.
  e.  When people with celiac disease eat foods or use products contain-
ing gluten, their immune system responds by damaging or destroying villi
the tiny, fingerlike  protrusions  lining  the  small  intestine.  Villi
normally  allow  nutrients from food to be absorbed through the walls of
the small intestine into  the  bloodstream.  Without  healthy  villi,  a
person becomes malnourished, no matter how much one eats.
  f.  People  with  celiac  disease  may  have no symptoms but can still
develop complications of the disease over time. Long-term  complications
include  malnutrition which can lead to anemia, osteoporosis and miscar-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14166-01-9

              

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riage, among other problems such as liver diseases and  cancers  of  the
intestine.
  g.  For  these reasons, and because this legislation will have signif-
icant savings to New York, the legislature finds it in the public inter-
est to raise awareness of this disease.
  S 2. The education law is amended by adding a  new  section  804-e  to
read as follows:
  S  804-E.  EDUCATION REGARDING CELIAC DISEASE AWARENESS. 1. ANY SENIOR
HIGH SCHOOL IN THE STATE MAY  PROVIDE,  AS  PART  OF  HEALTH  EDUCATION,
INSTRUCTION DESIGNED TO PROMOTE CELIAC DISEASE AWARENESS.
  2.  INSTRUCTION  REGARDING  CELIAC  AWARENESS  MAY BE PART OF A HEALTH
EDUCATION COURSE IN THE SECONDARY SCHOOLS CURRICULUM.
  3. STUDENTS MAY BE REQUIRED TO DEMONSTRATE KNOWLEDGE  IN  THE  SUBJECT
THROUGH  THE USE OF A TEST, GRADED PROJECT OR REPORT, OR ANY OTHER MEANS
PRESCRIBED BY THE SCHOOL AUTHORITIES REGARDING CELIAC DISEASE.
  4. ANY SUCH COURSE SHALL BE TAUGHT BY TEACHERS HOLDING  A  CERTIFICATE
TO  TEACH  HEALTH.  RELATED  COURSES  IN THE SECONDARY SCHOOL CURRICULUM
SHALL BE TAUGHT IN A MANNER SUPPORTIVE  OF  HEALTH  EDUCATION  REGARDING
CELIAC DISEASE AWARENESS.
  5. THE COMMISSIONER MAY PRESCRIBE RULES AND REGULATIONS REGARDING SUCH
HEALTH  EDUCATION  COURSES  WHICH  INCLUDE  INSTRUCTION REGARDING CELIAC
DISEASE AWARENESS AS THE COMMISSIONER MAY DEEM NECESSARY  AND  DESIRABLE
FOR  THE WELFARE OF PUPILS AND THE COMMUNITY. THE CONTENTS MAY BE VARIED
TO MEET THE NEEDS OF A PARTICULAR SCHOOL DISTRICT, OR PORTIONS  THEREOF,
AND  NEED  NOT  BE UNIFORM THROUGHOUT THE STATE, PROVIDED, HOWEVER, THAT
ANY SCHOOL DISTRICT IN THE STATE PROVIDING INSTRUCTION ON CELIAC DISEASE
AWARENESS SHALL UTILIZE  EITHER  THE  CURRICULUM  FOR  HEALTH  EDUCATION
INSTRUCTION CELIAC DISEASE AWARENESS PRESCRIBED BY THE COMMISSIONER OR A
COURSE  APPROVED  BY THE COMMISSIONER IN ACCORDANCE WITH CRITERIA ESTAB-
LISHED BY THE COMMISSIONER.
  S 3. The education law is amended by adding a new  section  6505-d  to
read as follows:
  S  6505-D.  COURSE  WORK  OR  TRAINING IN CELIAC DISEASE AWARENESS. 1.
EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT,  DENTIST,   REGISTERED   NURSE,
LICENSED PRACTICAL NURSE, AND NURSE PRACTITIONER PRACTICING IN THE STATE
WHO PROVIDES DIRECT MEDICAL SERVICES TO PATIENTS IN THIS STATE SHALL, ON
OR  BEFORE JULY FIRST, TWO THOUSAND ELEVEN AND EVERY REGISTRATION PERIOD
THEREAFTER, COMPLETE COURSE WORK OR TRAINING  REGARDING  CELIAC  DISEASE
AWARENESS AND COMPETENCE IN THE PROVISION OF MEDICAL SERVICES IN ACCORD-
ANCE  WITH REGULATED STANDARDS PROMULGATED BY THE DEPARTMENT, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH.
  2. SUCH CELIAC AWARENESS AND COMPETENCE COURSE WORK OR TRAINING  SHALL
REQUIRE  TWO  HOURS  OF  COURSE  WORK OR TRAINING IN ENCOMPASSING CELIAC
DISEASE HEALTHCARE.
  S 4. The tax law is amended by adding a new section 629-a to  read  as
follows:
  S  629-A. GIFT FOR THE CELIAC DISEASE AWARENESS AND RESEARCH FUND. (A)
EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR  AFTER  JANUARY  FIRST,  TWO
THOUSAND NINE, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE
TO  THE NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH FUND ESTAB-
LISHED PURSUANT TO SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW.
  (B) THE 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.

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  (C)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUE COLLECTED
PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK STATE  CELIAC
DISEASE  AWARENESS  AND  RESEARCH  FUND AND USED ONLY FOR THOSE PURPOSES
ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW.
  S  5. The state finance law is amended by adding a new section 95-h to
read as follows:
  S 95-H. THE NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH 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 NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  FOUR  HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC
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.  (A)  MONIES  OF THE FUND SHALL BE EXPENDED ONLY FOR CELIAC DISEASE
AWARENESS PROJECTS OR CELIAC DISEASE RESEARCH PROJECTS APPROVED  BY  THE
DEPARTMENT  OF  HEALTH IN NEW YORK STATE PROVIDED, HOWEVER, THAT NO MORE
THAN TEN PERCENT OF MONIES FROM SUCH  FUND  SHALL  BE  EXPENDED  ON  THE
AGGREGATE  NUMBER  OF  CELIAC  DISEASE  RESEARCH  PROJECTS APPROVED IN A
FISCAL YEAR.
  (B) AS USED  IN  THIS  SECTION,  THE  TERM  "CELIAC  DISEASE  RESEARCH
PROJECT"  MEANS SCIENTIFIC RESEARCH APPROVED BY THE DEPARTMENT OF HEALTH
INTO THE CAUSES AND/OR TREATMENT OF CELIAC DISEASE, AND THE TERM "CELIAC
DISEASE AWARENESS PROJECT" MEANS A PROJECT APPROVED BY THE DEPARTMENT OF
HEALTH AIMED TOWARD EDUCATING THE GENERAL PUBLIC ABOUT THE CAUSES, SYMP-
TOMS, AND TREATMENTS OF CELIAC DISEASE.
  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 6. The vehicle and traffic law is amended by adding  a  new  section
404-x to read as follows:
  S  404-X.  DISTINCTIVE CELIAC DISEASE AWARENESS LICENSE PLATES. 1. ANY
PERSON RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A  DISTINC-
TIVE  LICENSE  PLATE IN SUPPORT OF CELIAC DISEASE AWARENESS AND RESEARCH
BEARING A PHRASE AND/OR DESIGN APPROVED BY THE COMMISSIONER.
  2. AN APPLICATION FOR SUCH LICENSE  PLATE  SHALL  BE  FILED  WITH  THE
COMMISSIONER   IN  SUCH  FORM  AND  DETAIL  AS  THE  COMMISSIONER  SHALL
PRESCRIBE.
  3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE  REGU-
LAR  REGISTRATION  FEE  PRESCRIBED  BY  SECTION FOUR HUNDRED ONE OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE  OF
TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR SUCH PLATES.
  4.  EACH  TWENTY-FIVE  DOLLARS  RECEIVED  AS THE ANNUAL SERVICE CHARGE
UNDER THIS SECTION SHALL BE DEPOSITED TO THE  CREDIT  OF  THE  NEW  YORK
STATE CELIAC DISEASE AWARENESS AND RESEARCH FUND ESTABLISHED PURSUANT TO
SECTION  NINETY-FIVE-H  OF  THE  STATE FINANCE LAW AND SHALL BE USED FOR
RESEARCH PROGRAMS UNDERTAKEN PURSUANT TO SECTION  NINETY-FIVE-H  OF  THE
STATE  FINANCE LAW. PROVIDED, HOWEVER, THAT ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION, FUNDS IN THE AMOUNT OF FIVE THOUSAND  DOLLARS,  OR

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SO  MUCH  THEREOF AS MAY BE AVAILABLE, SHALL BE ALLOCATED FROM SUCH FUND
TO THE DEPARTMENT TO OFFSET COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH
LICENSE PLATES.
  S 7. This act shall take effect immediately.