Senate Bill S3087A

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

                                 3087--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sens.  PARKER,  AVELLA, DILAN, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  recommitted to the Committee on Education 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 education law, in relation to education on celiac
  disease; and to amend the tax  law  and  the  state  finance  law,  in
  relation to 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.
                                                           LBD06801-02-4
              

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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 SIXTEEN 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 FIFTEEN, AN  INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
CONTRIBUTE  TO  THE NEW YORK STATE CELIAC DISEASE AWARENESS AND RESEARCH
FUND ESTABLISHED 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.

S. 3087--A                          3

  (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 SIX HUNDRED TWENTY-NINE-A 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. (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. This act shall take effect immediately.