This bill has been amended

Bill S1976-2013

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

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.

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  • Jan 9, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S1976

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

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-B. The new section provides for the Commissioner of Taxation and Finance to include a space on the corporate income tax return for contributions to Leukemia, Lymphoma, and Myeloma research. education and treatment. Section 3 - Amends part 2 of article 22 of the tax law by adding new section 630-c. 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 97-1111. The new section provides for the establishment of a special fund. consisting of revenues received under section 209-H and 630-c 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. 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.

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 originating 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 particular 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: 2011 - 2012 S.569 Referred to Health

FISCAL IMPLICATIONS: Minimal to the state.

EFFECTIVE DATE: This act shall apply to taxable years commencing on or after January 1, 2015.


Text

STATE OF NEW YORK ________________________________________________________________________ 1976 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. ROBACH -- 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. S 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. S 2. The tax law is amended by adding a new section 209-H to read as follows:
S 209-H. GIFT FOR LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANU- ARY FIRST, TWO THOUSAND FIFTEEN, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF 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 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-LLLL OF THE STATE FINANCE LAW. S 3. The tax law is amended by adding a new section 630-c to read as follows: S 630-C. GIFT FOR LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANU- ARY FIRST, TWO THOUSAND FIFTEEN, 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-LLLL OF THE STATE FINANCE LAW. S 4. The state finance law is amended by adding a new section 97-llll to read as follows: S 97-LLLL. 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-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 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. S 5. This act shall take effect immediately and shall apply to taxable years commencing on or after January 1, 2015.

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