Bill S5721A-2011

Provides for taxpayer gifts for lupus education and prevention, and establishes the lupus education and prevention fund and outreach program

Provides for taxpayer gifts for lupus education and prevention, and establishes the lupus education and prevention fund and outreach program.

Details

Actions

  • May 15, 2012: REPORTED AND COMMITTED TO FINANCE
  • Feb 9, 2012: PRINT NUMBER 5721A
  • Feb 9, 2012: AMEND AND RECOMMIT TO HEALTH
  • Jan 4, 2012: REFERRED TO HEALTH
  • Jun 13, 2011: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Health - May 15, 2012
Ayes (13): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Montgomery, Rivera, Smith, Stewart-Cousins
Ayes W/R (4): Duane, Adams, Gianaris, Peralta

Memo

BILL NUMBER:S5721A

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 lupus education and prevention, and establishing the lupus education and prevention fund and outreach program

PURPOSE OR GENERAL IDEA OF BILL: This bill establishes the lupus education and prevention fund which will be financed by optional contributions derived from a taxpayer check-off placed on all corporate and personal income tax forms.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 provides the legislature's intent in advancing lupus education and prevention.

Section 2 specifically authorizes the Department of Health, through its Health Care and Wellness Education and Outreach Program, to conduct education and outreach for consumers, patients, and health care providers relating to the dangers of lupus and ways to prevent the incidence and severity of lupus. Such outreach and education program shall include an advisory council under this section that shall include representatives of people with lupus, their families, and health care providers who specialize in treating lupus.

Section 3 amends PHL §207-(7) to allow the Health Care and Wellness Education and Outreach Program to make grants, within amounts appropriated, to public and not-for-profit entities.

Sections 4 and 5 add §§209-H and 630-c to the Tax Law, respectively, to allow corporate and individual taxpayers the option of contributing to the lupus education and prevention fund via a tax check-off on their tax return.

Section 6 adds a §97-1111 to the State Finance Law to establish the lupus education and prevention fund under the joint custody of the commissioner of Taxation and Finance and state comptroller. Monies received into this fund shall be expended only for lupus education and prevention projects.

Section 7 provides the effective date.

JUSTIFICATION: 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. This bill provides a mechanism to raise funds in order to promote lupus awareness, education and prevention.

PRIOR LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS:

JUSTIFICATION: 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. This bill provides a mechanism to raise funds in order to promote lupus awareness, education and prevention.

PRIOR LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the three hundred sixty-fifth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5721--A 2011-2012 Regular Sessions IN SENATE June 13, 2011 ___________
Introduced by Sens. HANNON, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recom- mitted to the Committee on Health 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 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) The pain and fatigue associated with lupus can threaten people's ability to live independently, make it difficult to maintain employment 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. (e) 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. (f) 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. (g) 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. (h) 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-LLLL OF THE STATE FINANCE LAW.
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-LLLL OF THE STATE FINANCE LAW. S 6. The state finance law is amended by adding a new section 97-llll to read as follows: S 97-LLLL. 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 on the three hundred sixty-fifth day after it shall have become a law.

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