senate Bill S6294

2013-2014 Legislative Session

Relates to ovarian cancer research

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2014 referred to health

S6294 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2410, 2411, 2412 & 2413, Pub Health L; amd §97-yy, St Fin L; amd §§209-D & 627, Tax L; amd §404-q, V & T L

S6294 - Bill Texts

view summary

Relates to ovarian cancer research.

view sponsor memo
BILL NUMBER:S6294

TITLE OF BILL: An act to amend the public health law, the state
finance law, the tax law and the vehicle and traffic law, in relation
to ovarian cancer research

PURPOSE OR GENERAL IDEA OF THE BILL: The bill authorizes funding of
mapping incidence of ovarian cancer from the Breast and Ovarian
Cancer. Research and Education Fund to qualified research
institutions, organizations, or agencies.

JUSTIFICATION: Funding grant proposals for the mapping of ovarian
cancer incidence from the Breast and Ovarian Cancer Research and
Education Fund would encourage innovative mapping research proposals.
This bill will provide an opportunity to advance our understanding of
why there are such geographic variations in ovarian cancer incidence.

PRIOR LEGISLATIVE HISTORY: 2013-14: Similar Legislation - A1935
Passed Assembly

FISCAL IMPLICATIONS: None known.

EFFECTIVE DATE: The law takes effect 60 days after enactment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6294

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- 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 state finance  law,  the  tax
  law  and  the  vehicle  and traffic law, in relation to ovarian cancer
  research

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

  Section 1. The opening paragraph of paragraph (b) and paragraph (d) of
subdivision  1  of  section  2410  of the public health law, the opening
paragraph of paragraph (b) as added and  paragraph  (d)  as  amended  by
chapter 32 of the laws of 2008, are amended to read as follows:
  the  governor  shall appoint six regional members, three of whom shall
serve as full voting members and three of whom shall serve  as  alterna-
tive  members  without  voting  rights.  Such  regional members shall be
persons who have or have had breast OR  OVARIAN  cancer,  and  shall  be
actively  involved with a community-based, grass-roots breast OR OVARIAN
cancer organization.  Two of such appointments shall be  made  upon  the
recommendation of the temporary president of the senate and two shall be
made  upon  the  recommendation  of  the  speaker  of  the assembly. One
regional member shall be appointed from each of the following geographic
areas of the state:   Long Island, New York  City,  the  Hudson  Valley,
Northern  New  York, Central New York and Western New York. The order of
appointments and recommendations  for  appointments  and  voting  rights
shall rotate as follows:
  (d) the governor shall appoint one voting member who shall be a person
who  has  or has survived breast OR OVARIAN cancer and one voting member
who shall be a person who has or has  survived  prostate  or  testicular
cancer.
  The  governor  shall  designate  the chair of the board. The governor,
temporary president of the senate, minority leader of the senate, speak-
er of the assembly, and minority leader  of  the  assembly  may  solicit
recommendations from the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08765-02-4

S. 6294                             2

and  Research,  and the National Academy of Sciences for appointments or
recommendations for appointments to the board.
  S 2. Paragraphs (a), (b), (c), (e) and (h) of subdivision 1 of section
2411 of the public health law, paragraphs (a), (b) and (c) as amended by
chapter 219 of the laws of 1997, paragraph (e) as amended by chapter 106
of  the laws of 2013, and paragraph (h) as amended by chapter 638 of the
laws of 2008, are amended to read as follows:
  (a) Survey state agencies, boards, programs and  other  state  govern-
mental  entities  to  assess  what, if any, relevant data has been or is
being collected which may be of use to researchers  engaged  in  breast,
OVARIAN, prostate or testicular cancer research;
  (b)  Consistent with the survey conducted pursuant to paragraph (a) of
this subdivision, compile a list of data  collected  by  state  agencies
which  may  be  of assistance to researchers engaged in breast, OVARIAN,
prostate or testicular cancer research as established in  section  twen-
ty-four hundred twelve of this title;
  (c)  Consult  with the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy
and Research, the National Academy of Sciences and  other  organizations
or  entities  which  may  be involved in cancer research to solicit both
information regarding breast, OVARIAN, prostate  and  testicular  cancer
research projects that are currently being conducted and recommendations
for future research projects;
  (e)  Solicit, receive, and review applications from public and private
agencies and  organizations  and  qualified  research  institutions  for
grants  from  the breast AND OVARIAN cancer research and education fund,
created pursuant to section ninety-seven-yy of the state finance law, to
conduct research or educational programs  which  focus  on  the  causes,
prevention,  screening,  treatment and cure of breast AND OVARIAN cancer
and may include, but are not limited to mapping of  breast  AND  OVARIAN
cancer,  and  basic,  behavioral,  clinical, demographic, environmental,
epidemiologic and psychosocial research. The board shall make  recommen-
dations  to  the commissioner, and the commissioner shall, in his or her
discretion, grant approval of applications for grants from those  appli-
cations  recommended  by  the  board.  The  board shall consult with the
Centers for Disease Control and Prevention, the National  Institutes  of
Health,  the  Federal  Agency  For  Health Care Policy and Research, the
National Academy of Sciences, breast AND OVARIAN cancer advocacy groups,
and other organizations or entities which may be involved in breast  AND
OVARIAN cancer research to solicit both information regarding breast AND
OVARIAN  cancer research projects that are currently being conducted and
recommendations for future research projects. As used in  this  section,
"qualified  research  institution"  may  include academic medical insti-
tutions, state or local government agencies, public or private organiza-
tions within this state, and  any  other  institution  approved  by  the
department,  which  is  conducting  a  breast OR OVARIAN cancer research
project or educational program. If a board member submits an application
for a grant from the breast AND OVARIAN cancer  research  and  education
fund,  he  or she shall be prohibited from reviewing and making a recom-
mendation on the application;
  (h) Meet at least six times in the first year, at the request  of  the
chair  and  at  any  other  time as the chair deems necessary. The board
shall meet at least four times a  year  thereafter.  Provided,  however,
that  at  least  one  such  meeting a year shall be a public hearing, at
which the general  public  may  question  and  present  information  and
comments  to  the  board  with  respect  to  the operation of the health

S. 6294                             3

research science board, the  breast  AND  OVARIAN  cancer  research  and
education  fund,  the prostate and testicular cancer research and educa-
tion fund and  pesticide  reporting  established  pursuant  to  sections
33-1205 and 33-1207 of the environmental conservation law. At such hear-
ing, the commissioner of the department of environmental conservation or
his or her designee shall make a report to the board with respect to the
efficiency  and  utility  of pesticide reporting established pursuant to
sections 33-1205 and 33-1207 of the environmental conservation law [;].
  S 3. Section 2412 of the public health law, as amended by chapter  219
of the laws of 1997, is amended to read as follows:
  S 2412. Agency implementation.  All state agencies, including, but not
limited  to,  the  departments of agriculture and markets, environmental
conservation, and health, shall review  their  programs  and  operations
(pursuant  to  guidelines established by the board) to determine whether
they currently collect data which may be of use to  researchers  engaged
in  breast,  OVARIAN, prostate or testicular cancer research. Any agency
collecting such data shall forward a description  of  the  data  to  the
health research science board.
  S  4. Section 2413 of the public health law, as amended by chapter 219
of the laws of 1997, is amended to read as follows:
  S 2413. Biennial report.  The commissioner shall submit a report on or
before January first commencing in  nineteen  hundred  ninety-nine,  and
biennially  thereafter,  to the governor, the temporary president of the
senate and the speaker of the assembly concerning the operation  of  the
health research science board. Such report shall include recommendations
from  the  health  research science board including, but not limited to,
the types of data that would be useful for breast, OVARIAN, prostate  or
testicular  cancer  researchers and whether private citizen use of resi-
dential pesticides should be added to the  reporting  requirements.  The
report  shall  also  include  a  summary of research requests granted or
denied.  In addition, such report shall include  an  evaluation  by  the
commissioner,  the  commissioner  of  the  department  of  environmental
conservation and the health research science board of the  basis,  effi-
ciency  and scientific utility of the information derived from pesticide
reporting pursuant to sections 33-1205 and 33-1207 of the  environmental
conservation law and recommend whether such system should be modified or
continued. The report shall include a summary of the comments and recom-
mendations presented by the public at the board's public hearings.
  S  5.  Section 97-yy of the state finance law, as added by chapter 279
of the laws of 1996 and subdivisions 2 and 2-a as amended by chapter 385
of the laws of 2007, is amended to read as follows:
  S 97-yy. Breast AND OVARIAN cancer 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 "breast AND OVARIAN cancer research and education 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-D and section six hundred twenty-seven of the tax law, all
moneys collected pursuant to section four hundred four-q of the  vehicle
and  traffic  law,  as added by chapter five hundred twenty-eight of the
laws of nineteen hundred ninety-nine, and all other moneys appropriated,
credited, or transferred thereto from any other fund or source  pursuant
to  law.  For each state fiscal year, there shall be appropriated to the
fund by the state, in addition to all other moneys required to be depos-
ited into such fund, an amount equal to the amounts of monies  collected
and  deposited into the fund pursuant to sections two hundred nine-D and

S. 6294                             4

six hundred twenty-seven of the tax law and section four hundred  four-q
of  the  vehicle and traffic law, as added by chapter five hundred twen-
ty-eight of the laws of nineteen hundred ninety-nine, and the amounts of
moneys  received  and  deposited  into  the  fund from grants, gifts and
bequests during the preceding calendar year, as certified by  the  comp-
troller. Nothing contained herein 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.
  2-a. On or before the first day of February each year, the comptroller
shall certify to the governor, temporary president of the senate, speak-
er of the assembly, chair of the senate finance committee and  chair  of
the  assembly ways and means committee, the amount of money deposited in
the breast AND OVARIAN cancer research and  education  fund  during  the
preceding  calendar  year  as  the result of revenue derived pursuant to
sections two hundred nine-D and six hundred twenty-seven of the tax  law
and section four hundred four-q of the vehicle and traffic law, as added
by  chapter  five  hundred  twenty-eight of the laws of nineteen hundred
ninety-nine, and from grants, gifts and bequests.
  3. Monies of the fund shall be expended only for  breast  AND  OVARIAN
cancer  research  and  educational  projects.  As  used in this section,
"breast AND OVARIAN cancer research and education projects" means scien-
tific research or educational projects which, pursuant  to  section  two
thousand  four  hundred eleven of the public health law, are approved by
the department of health, upon the recommendation of the health research
science board.
  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. Section 209-D of the tax law, as added by chapter 279 of the laws
of 1996, is amended to read as follows:
  S 209-D. Gift for breast AND OVARIAN cancer  research  and  education.
Effective  for  any tax year commencing on or after January first, nine-
teen hundred ninety-six, a taxpayer in any taxable  year  may  elect  to
contribute  to the support of the breast AND OVARIAN cancer research and
education 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. Notwithstanding any
other provision of law, all revenues collected pursuant to this  section
shall  be  credited to the breast AND OVARIAN cancer research and educa-
tion fund and shall be  used  only  for  those  purposes  enumerated  in
section ninety-seven-yy of the state finance law.
  S  7.  Section 627 of the tax law, as added by chapter 279 of the laws
of 1996, is amended to read as follows:
  S 627. Gift for breast AND  OVARIAN  cancer  research  and  education.
Effective  for  any tax year commencing on or after January first, nine-
teen hundred ninety-six, an individual in any taxable year may elect  to
contribute to the breast AND OVARIAN cancer research and education 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

S. 6294                             5

to  the  breast  AND OVARIAN cancer research and education fund and used
only for those purposes enumerated in  section  ninety-seven-yy  of  the
state finance law.
  S 8. Section 404-q of the vehicle and traffic law, as added by chapter
528 of the laws of 1999, is amended to read as follows:
  S  404-q.  Distinctive  "drive  for  the  cure" license plates. 1. Any
person residing in this state shall, upon request, be issued a  distinc-
tive  "drive  for the cure" license plate in support of breast, OVARIAN,
prostate and testicular cancer research bearing the  phrase  "drive  for
the  cure".  Application  for said license plate shall be filed with the
commissioner  in  such  form  and  detail  as  the  commissioner   shall
prescribe.
  2. A distinctive "drive for the cure" license plate issued pursuant to
this  section  shall be issued in the same manner as other number plates
upon the payment of the regular 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
plate.  Twelve  dollars  and  fifty  cents from each twenty-five dollars
received as annual service charges under this section shall be deposited
to the credit of the breast AND OVARIAN cancer  research  and  education
fund  established  pursuant  to  section  ninety-seven-yy  of  the state
finance law and shall be used for research and education programs under-
taken pursuant to section twenty-four hundred ten of the  public  health
law.    Twelve  dollars  and  fifty  cents from each twenty-five dollars
received as annual service charges under this section shall be deposited
to the credit of the prostate and testicular cancer research and  educa-
tion  fund established pursuant to section ninety-seven-ccc of the state
finance law and shall be used for research and education programs under-
taken pursuant to section ninety-seven-ccc of  the  state  finance  law.
Provided, however that one year after the effective date of this section
funds  in  the amount of six thousand dollars, or so much thereof as may
be available, shall be allocated to the department to offset costs asso-
ciated with the production of such license plates.
  S 9. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.