NY State Senate Bill 2017-S8742

Senate Bill S8742

2017-2018 Legislative Session

Provides a program to promote leukemia, lymphoma and myeloma research, education and treatment and establishes the leukemia, lymphoma and myeloma research, education and treatment fund

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2018	recommit, enacting clause stricken
May 10, 2018	referred to health

2017-S8742 (ACTIVE) - Details

See Assembly Version of this Bill:: A1354
Law Section:: Public Health Law
Laws Affected:: Add Art 27-CCC §2747, Pub Health L; add §§209-L & 630-f, Tax L; add §97-rrrr, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3075
2011-2012: A283
2013-2014: A558
2015-2016: A49
2019-2020: A4481

2017-S8742 (ACTIVE) - Summary

Provides a program to promote leukemia, lymphoma and myeloma research, education and treatment and establishes the leukemia, lymphoma and myeloma research, education and treatment fund; authorizes the commissioner of taxation and finance to create a check-off gift on individual income tax returns for contributions to leukemia, lymphoma and myeloma research, education and treatment.

2017-S8742 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8742

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the public health law, the tax law and the state finance
law, in relation to providing for taxpayer gifts for leukemia, lymphoma
and myeloma research, education and treatment and establishing the
leukemia, lymphoma and myeloma research, education and treatment fund

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide easy access to help fund and
support Leukemia, Lymphoma, and Myeloma research, education and treat-
ment.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends the public health law by adding a new article 27-CCC.
The new article provides the Commissioner of Health with the powers to:
develop programs concerning Leukemia, Lymphoma, and Myeloma, to accept

and expend grants, awards and other funding, and to enter into contracts
necessary for program development and granting.

Section 2 - Amends the law by adding a new section 209-L. The new
section provides for the Commissioner of Taxation and Finance to include
a space on the corporate income tax return for contributions to Leuke-
mia, Lymphoma, and Myeloma research, education and treatment.

Section 3 - Amends part 2 of article 22 of the tax law by adding new
section 630-f. The new section provides for the Commissioner of Taxation
and Finance to include a space on the individual income tax return for
contributions to Leukemia, Lymphoma, and Myeloma research, education and
treatment.

Section 4 - Amends the state finance law by adding a new section
97-rrrr. The new section provides for the establishment of a special
fund, consisting of revenues received under section 209-L and 630-f of
the tax law and any other moneys appropriated, credited or transferred,
for Leukemia, Lymphoma and Myeloma research, education and treatment.

The custody of this fund will be held jointly by the Commissioner of
Taxation and Finance and the Comptroller. The Commissioner of Health
shall provide a written report on or before the first day of February
each year to the Senate, Assembly, Senate Finance Committee, Assembly
Ways and Means Committee, the Senate and Assembly Health Committee's,
the State Comptroller and the public. Further, the new section provides
that all monies in the fund to be used only for Leukemia, Lymphoma and
Myeloma research, education and treatment programs approved by the
Department of Health. Additionally, the new section provides that the
Comptroller must approve releases of money that are certified by the
Commissioner of Health and that all money in the fund should be used
prior to the end of the fiscal year.

Section 5 - The effective date.

 
JUSTIFICATION:


Research and treatment efforts for many diseases, including Alzheimer's
and breast cancer, have benefited from additional funding resulting from
having a "check-off box" placed on the individual and corporate income
tax returns. Leukemia, Lymphoma and Myeloma are blood cancers originat-
ing in the bone marrow and correlate with each other because of the
unrestrained growth of the cells and the parallel functions which they
possess. Leukemia, although more common in adults over the age of 64, is
still the leading cause of disease death of children under 15 yrs old,
with Acute Lymphocytic Leukemia (ALL) being the most common form of
Leukemia in children. Treatment advances for Leukemia have proven to be
prevalent in the survival rate over the years, with the survival rate
increasing from 4% in 1960 to 85% in 1999. Lymphoma involves two partic-
ular forms including Non-Hodgkin, which is the fifth most common cancer
in the U.S. and Hodgkin Lymphoma, which mostly affects adolescents and
young adults.  Myeloma occurs mostly in people over 60 yrs old with
males having a 50% higher chance than females of being diagnosed. Each
year an estimated 106,200.people in the United States are diagnosed with
Leukemia, Lymphoma, or Myeloma. At the present time, an estimated
670,950 Americans have blood cancers. Approximately 57,500 Americans
will die from these hematological malignancies this year.  In New York
State alone, there are approximately 6,600 people diagnosed with a blood
cancer each year and 3,500 people will succumb to this disease.

 
PRIOR LEGISLATIVE. HISTORY:

2017: A.1354-A Passed Assembly S.970-A Died in Senate Health
2016:  A.49-A Passed Assembly S.1657-A Died in Senate Health
2015: A.49 Passed Assembly S.1657 Died in Senate Finance
2014: A.558-A Passed Assembly S.1967-A Died in Senate Health
2013: A.558-A Passed Assembly S.1976-A Died in Senate Health
2012: A.0283 Passed Assembly S.0569-Died in Senate Health
2011: A.0283 Passed Assembly S.0569-Died in Senate Health
2010: A.3075-A Died on 3rd Rdg. S.1197-A Died in Senate Health
2009: A.3075 Passed Assembly;
2008: A.1558-C Passed Assembly; S.3097-B Died in Senate Health
2007:  A.1558-A Passed Assembly; S.3097-A Died in Senate Health
2006:  A.3338-A Passed Assembly; S.2871-A Died in Senate Health;
2005:  A.3338 Passed Assembly; S-2878-A Died in Senate Health
2004: A.9816 Passed Assembly; S.6491 Died in Senate Health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal to the state.

 
EFFECTIVE DATE:
This act shall apply to taxable years commencing on or after January 1,
2019.

2017-S8742 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8742
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 leukemia, lympho-
   ma  and myeloma research, education and treatment and establishing the
   leukemia, lymphoma and myeloma research, education and treatment fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new article
 27-CCC to read as follows:
                              ARTICLE 27-CCC
 LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT PROGRAM
 SECTION 2747. LEUKEMIA, LYMPHOMA AND  MYELOMA  RESEARCH,  EDUCATION  AND
                 TREATMENT.
   §  2747. LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREAT-
 MENT.  THE COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT A  PROGRAM
 TO PROMOTE RESEARCH, EDUCATION AND TREATMENT REGARDING LEUKEMIA, LYMPHO-
 MA  AND  MYELOMA. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMIS-
 SIONER SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1. TO PROMOTE RESEARCH, EDUCATION AND TREATMENT PROGRAMS  DESIGNED  TO
 REDUCE  OR  PREVENT THE INCIDENCE AND SEVERITY OF LEUKEMIA, LYMPHOMA AND
 MYELOMA;
   2. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
 ATIONS AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS  AS
 TO  THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE FUNDS
 BY THE STATE FINANCE LAW; AND
   3. TO ENTER INTO CONTRACTS WITHIN THE AMOUNTS  AVAILABLE  THEREFOR  AS
 MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  2.  The tax law is amended by adding a new section 209-L to read as
 follows:
   § 209-L. GIFT FOR LEUKEMIA, LYMPHOMA AND MYELOMA  RESEARCH,  EDUCATION
 AND TREATMENT. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY
 FIRST,  TWO  THOUSAND NINETEEN, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT
 TO CONTRIBUTE TO THE SUPPORT  OF  THE  LEUKEMIA,  LYMPHOMA  AND  MYELOMA
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00255-06-8

 S. 8742                             2
 
 RESEARCH,  EDUCATION  AND  TREATMENT 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 CONTRIB-
 UTION.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL   REVENUES
 COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE LEUKEMIA,
 LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT FUND AND SHALL BE
 USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-RRRR  OF
 THE STATE FINANCE LAW.
   §  3.  The tax law is amended by adding a new section 630-f to read as
 follows:
   § 630-F. GIFT FOR LEUKEMIA, LYMPHOMA AND MYELOMA  RESEARCH,  EDUCATION
 AND  TREATMENT.  EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANU-
 ARY FIRST, TWO THOUSAND NINETEEN, AN INDIVIDUAL IN ANY TAXABLE YEAR  MAY
 ELECT  TO  CONTRIBUTE  TO  THE  LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH,
 EDUCATION AND TREATMENT 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.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED  PURSUANT  TO
 THIS  SECTION  SHALL  BE  CREDITED TO THE LEUKEMIA, LYMPHOMA AND MYELOMA
 RESEARCH, EDUCATION AND TREATMENT FUND AND USED ONLY FOR THOSE  PURPOSES
 ENUMERATED IN SECTION NINETY-SEVEN-RRRR OF THE STATE FINANCE LAW.
   §  4. The state finance law is amended by adding a new section 97-rrrr
 to read as follows:
   § 97-RRRR. LEUKEMIA, LYMPHOMA  AND  MYELOMA  RESEARCH,  EDUCATION  AND
 TREATMENT  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 "LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCA-
 TION AND TREATMENT 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-L  AND SECTION SIX HUNDRED THIRTY-F 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.
   2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
 ER OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE  TEMPORARY  PRESIDENT
 OF  THE  SENATE,  THE  SPEAKER  OF THE ASSEMBLY, THE CHAIR OF THE SENATE
 FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMITTEE,
 THE  CHAIR  OF THE SENATE COMMITTEE ON HEALTH, THE CHAIR OF THE ASSEMBLY
 HEALTH COMMITTEE, THE STATE COMPTROLLER  AND  THE  PUBLIC.  SUCH  REPORT
 SHALL  INCLUDE  HOW  THE  MONIES  OF  THE  FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD  PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
 YEAR.

 S. 8742                             3
 
   3. MONIES OF THE FUND SHALL BE EXPENDED ONLY  FOR  LEUKEMIA,  LYMPHOMA
 AND  MYELOMA RESEARCH, EDUCATION AND TREATMENT PROJECTS. AS USED IN THIS
 SECTION, "LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND  TREAT-
 MENT PROJECTS" MEANS RESEARCH, EDUCATION AND TREATMENT PROJECTS, INCLUD-
 ING  GRANTS  FOR  LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND
 TREATMENT, WHICH, PURSUANT TO SECTION TWENTY-SEVEN  HUNDRED  FORTY-SEVEN
 OF  THE  PUBLIC  HEALTH  LAW,  ARE APPROVED BY THE DEPARTMENT OF HEALTH.
 SUCH GRANTS MAY INCLUDE, AMONG OTHERS,  GRANTS  TO  PUBLIC  AND  PRIVATE
 HOSPITALS, MEDICAL CENTERS, MEDICAL SCHOOLS AND OTHER ORGANIZATIONS.
   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.
   § 5. This act shall take effect immediately and shall apply to taxable
 years commencing on or after January 1, 2019.

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