Senate Bill S1175

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

                                  1175

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  PARKER, LITTLE, VALESKY -- 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 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) No new drugs have been approved by the U.S. Food and Drug Adminis-
tration specifically for lupus in nearly forty years and  while  current
treatments  for  the disease can be effective, they can lead to damaging
side effects.
  (e) The pain and fatigue associated with lupus can  threaten  people's
ability  to live independently, make it difficult to maintain employment

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00228-01-1
              

S. 1175                             2

and lead normal lives, and one in five people with lupus is disabled  by
the disease, and consequently receives support from government programs,
including  Medicare,  Medicaid,  social  security disability, and social
security supplemental income.
  (f)  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.
  (g)  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.
  (h) 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.
  (i)  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-KKKK OF THE STATE FINANCE LAW.

S. 1175                             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-KKKK  OF  THE
STATE FINANCE LAW.
  S  6. The state finance law is amended by adding a new section 97-kkkk
to read as follows:
  S 97-KKKK. 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 immediately.