Creates the lymphedema and lymphatic diseases research grants program; grants, not to exceed $50,000, would be awarded on a competitive basis to biomedical research institutions conducting direct research related to lymphedema and lymphatic disease.

---

S882A-2011 Actions

• Jan 18, 2012: PRINT NUMBER 882A
• Jan 18, 2012: AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 5, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S882A-2011 Memo

BILL NUMBER:S882A

TITLE OF BILL:
An act
to amend the public authorities law, in relation to establishing a
lymphedema and lymphatic diseases research grants program; and
to amend the state finance law, in relation to creating the lymphedema
and lymphatic diseases research and education
fund

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would establish a lymphedema and lymphatic disease
research grants program. Grants, not to exceed fifty thousand
dollars, would be awarded on a completive basis to biomedical
research institutions that are conducting direct research related to
lymphedema and lymphatic disease.

SUMMARY OF SPECIFIC PROVISIONS:
The public authorities law is amended by adding a new section 3153-A.

JUSTIFICATION:
This legislation would establish a lymphedema and lymphatic disease
research grants program. Grants, not to exceed fifty thousand
dollars, would be awarded on a completive basis to biomedical
research institutions that are conducting direct research related to
lymphedema and lymphatic disease.

Lymphedema is an accumulation of lymphatic fluid in the interstitial
tissue that causes swelling, most often in the annes) or leges), and
occasionally in other parts of the body. Lymphedema can develop when
lymphatic vessels are missing" or impaired (primary), or when lymph
vessels are damaged or lymph nodes removed (secondary).

Radiation therapy, used in the treatment of various cancers and some
AIDS-related diseases, can damage otherwise healthy lymph nodes and
vessels causing scar tissue to form which interrupts the normal flow
of the lymphatic fluid.

Moreover, untreated, lymphedema can lead into a decrease or loss of
functioning of the limbs, skin breakdown, and chronic infections. In
the most severe cases, untreated lymphedema can develop into a
rare form of lymphatic cancer.

This legislation would provide much need funding to those involved in
direct research of lymphedema or lymphatic diseases. These diseases
are far more common than society notes; however, funding for research
has historically not kept pace to the dramatically growing need for it.

PRIOR LEGISLATIVE HISTORY:
2006:    A.11080
2007-08: S.4266A - Committed to Rules
2009-10: S.2585A - Referred to Corporations, Authorities
         & Commissions

FISCAL IMPLICATIONS:
Subject to available appropriations.


EFFECTIVE DATE:
This act shall take effect immediately.

S882A-2011 Text

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

                                   882--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sens. GOLDEN, JOHNSON, LANZA, LARKIN, MAZIARZ, SAVINO --
    read twice and ordered printed, and when printed to  be  committed  to
    the  Committee  on Corporations, Authorities and Commissions -- recom-
    mitted to the Committee on Corporations, Authorities  and  Commissions
    in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee

  AN ACT to amend the public authorities law, in relation to  establishing
    a  lymphedema  and  lymphatic diseases research grants program; and to
    amend the state finance law, in relation to  creating  the  lymphedema
    and lymphatic diseases research and education fund

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


    Section 1. The public authorities law  is  amended  by  adding  a  new
  section 3153-a to read as follows:

    S  3153-A.  LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH GRANTS PROGRAM.
  1. THE FOUNDATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, ESTABLISH  THE
  LYMPHEDEMA  AND  LYMPHATIC  DISEASES  RESEARCH GRANTS PROGRAM, HEREAFTER
  "GRANTS PROGRAM." THE GRANTS PROGRAM SHALL BE ADMINISTERED BY THE  FOUN-
  DATION,  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF HEALTH. SUCH GRANTS
  PROGRAM FUNDS SHALL BE USED TO PROVIDE FINANCIAL ASSISTANCE IN THE  FORM
  OF  GRANTS,  NOT TO EXCEED FIFTY THOUSAND DOLLARS PER GRANT, TO NEW YORK
  STATE BIOMEDICAL RESEARCH INSTITUTIONS FOR WORKING  CAPITAL  TO  FURTHER
  NEW  AND  EMERGING RESEARCH AND DEVELOPMENT FOR THE DIAGNOSIS AND TREAT-
  MENT OF LYMPHEDEMA AND LYMPHATIC DISEASES. SUCH GRANTS SHALL BE  AWARDED
  ON A COMPETITIVE BASIS TO BIOMEDICAL RESEARCH INSTITUTIONS RESPONDING TO
  REQUESTS FOR PROPOSALS ISSUED BY THE FOUNDATION WHEN FUNDS ARE APPROPRI-
  ATED.
    2.  (A)  "BIOMEDICAL RESEARCH INSTITUTION" SHALL MEAN A NOT-FOR-PROFIT
  UNIVERSITY, COLLEGE, HOSPITAL, PRIVATE OR  FEDERAL  RESEARCH  LABORATORY

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04194-03-2

 S. 882--A                           2

  LOCATED  IN  NEW  YORK  STATE,  OR  A  CONSORTIA  OF SUCH ENTITIES, THAT
  CONDUCTS AN INTENSIVE AND ONGOING PROGRAM OF  RESEARCH  AND  DEVELOPMENT
  DIRECTLY RELATED TO LYMPHEDEMA AND/OR LYMPHATIC DISEASES RESEARCH.
    (B)  "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN THE
  INTERSTITIAL TISSUE THAT CAUSES SWELLING, MOST OFTEN IN THE ARMS  AND/OR
  LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, FROM ANY CAUSE.
    (C)  "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:  INSUF-
  FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION  (TO  INCLUDE  ALL  FORMS  OF
  LYMPHEDEMA)  LIPEDEMA,  COMPLEX  CONGENITAL  DISEASES  OF  THE LYMPHATIC
  VASCULATURE,  INCLUDING  LYMPHANGIOMATOSIS,   LYMPHANGIOLEIO-MYOMATOSIS,
  LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
  LYMPHANGIOLEIO-MYOMATOSIS, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
    3. IN ADDITION TO SUCH OTHER CRITERIA AS THE FOUNDATION MAY  ADOPT  IN
  RULES  AND  REGULATIONS FOR THE CONSIDERATION OF APPLICATIONS FOR GRANTS
  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FOUNDATION SHALL:

    (A) DETERMINE THAT THE APPLICANT IS UNABLE TO OBTAIN SUFFICIENT  FUND-
  ING  ON  REASONABLE TERMS FROM OTHER PUBLIC OR PRIVATE SOURCES TO PERMIT
  THE INSTITUTION'S PLANNED INVESTMENT TO  PROCEED  WITHOUT  THE  REQUIRED
  ASSISTANCE;
    (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL
  RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR RESEARCH OR COMMIT
  NEW  RESOURCES  TO  THE  EXPANSION  OF LYMPHEDEMA AND LYMPHATIC DISEASES
  RESEARCH; AND
    (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF
  AWARDING THE SPECIFIC GRANT AND WHETHER  THE  GRANT  WILL  RESULT  IN  A
  REASONABLE  LIKELIHOOD  OF  SUCCESS IN MEETING THE PURPOSES FOR WHICH IT
  WAS SOUGHT BY THE APPLICANT.
    4. THE FOUNDATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,  MAY
  APPLY TO THE NATIONAL INSTITUTES OF HEALTH, THE UNITED STATES DEPARTMENT
  OF HEALTH AND HUMAN SERVICES, AND OTHER APPROPRIATE FEDERAL, PUBLIC, AND
  PRIVATE  ENTITIES  FOR  FUNDING. SUCH MONIES SHALL BE DEPOSITED INTO THE
  LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND  EDUCATION  FUND,  ESTAB-
  LISHED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
    5.  THE  FOUNDATION  SHALL  SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE
  ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND TO ANY OTHER  STATE
  LEGISLATOR  AT  HIS  OR  HER  REQUEST, A REPORT ON THE GRANTS PROGRAM BY
  SEPTEMBER FIRST, TWO THOUSAND FOURTEEN  AND  ANNUALLY  THEREAFTER.  SUCH
  REPORT  SHALL  INCLUDE, FOR EACH GRANT AWARDED, THE NAME AND LOCATION OF
  THE RECIPIENT, A DESCRIPTION OF THE PRODUCT, DEVICE,  TECHNIQUE,  SYSTEM
  OR  PROCESS BEING RESEARCHED AND DEVELOPED, THE RECIPIENT'S RELATIONSHIP
  TO THE RESEARCH INSTITUTION, THE AMOUNT AND USE OF THE GRANT, THE  TOTAL
  PROJECT  COST,  AND  SUCH OTHER INFORMATION AS THE FOUNDATION SHALL DEEM
  APPROPRIATE. SUCH REPORT SHALL ALSO INCLUDE A LIST OF ALL APPLICANTS AND
  THEIR CONTACT INFORMATION, REGARDLESS OF RECEIVING A GRANT, IN ORDER  TO
  HELP DEMONSTRATE THE NEED FOR FUTURE FUNDS.
    6.  NOTHING  IN  THIS SECTION SHALL REQUIRE THE FOUNDATION TO DISCLOSE
  ANY MATTERS INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR  WORK  PROD-
  UCT,  WHETHER  PATENTABLE  OR NOT, INCLUDING ANY FORMULA, PLAN, PATTERN,
  PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI-
  LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO
  CERTAIN INDIVIDUALS WHO ARE USING IT TO FABRICATE, PRODUCE  OR  COMPOUND
  AN  ARTICLE  OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND WHICH GIVES
  ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER  COMPETITORS
  WHO DO NOT KNOW IT OR USE IT.
    S  2. The state finance law is amended by adding a new section 99-u to
  read as follows:


 S. 882--A                           3

    S 99-U. LYMPHEDEMA AND LYMPHATIC DISEASES 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 LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH  AND  EDUCATION  FUND,
  HEREAFTER THE "FUND".
    2.  SUCH  FUND  SHALL CONSIST OF ALL MONIES 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 LYMPHEDEMA AND  LYMP-
  HATIC  DISEASES  RESEARCH AND EDUCATION PROJECTS APPROVED BY THE DEPART-
  MENT OF HEALTH.
    4. (A) "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC  FLUID  IN
  THE  INTERSTITIAL  TISSUE  THAT  CAUSES SWELLING, MOST OFTEN IN THE ARMS
  AND/OR LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, REGARDLESS  OF
  CAUSE.
    (B)  "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:  INSUF-
  FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION (TO INCLUDE ALL FORM OF LYMP-
  HEDEMA), LIPEDEMA, COMPLEX CONGENITAL DISEASES OF THE LYMPHATIC VASCULA-
  TURE,    INCLUDING     LYMPHANGIOMATOSIS,     LYMPHANGIOLEIO-MYOMATOSIS,
  LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
  LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
    (C)  "LYMPHEDEMA  AND  LYMPHATIC  DISEASES  RESEARCH   AND   EDUCATION
  PROJECTS" SHALL MEAN RESEARCH BY QUALIFIED RESEARCHERS, AS DETERMINED BY
  THE  DEPARTMENT OF HEALTH, TO STIMULATE RESEARCH ON THE PATHOGENESIS AND
  NEW TREATMENTS FOR LYMPHEDEMA AND LYMPHATIC DISEASES. EDUCATION PROJECTS
  ARE THOSE PROJECTS WHICH PROMOTE AND PROVIDE INFORMATION  ON  LYMPHEDEMA
  AND  LYMPHATIC  DISEASES  INCLUDING:   PREVENTION, DIAGNOSIS, TREATMENT,
  LONG-TERM CHRONIC CARE, AND/OR RESEARCH BY  QUALIFIED  ORGANIZATIONS  AS
  DETERMINED BY THE DEPARTMENT OF HEALTH.
    5.  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.
    6.  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 3. This act shall take effect immediately.