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A02388 Summary:

BILL NOA02388
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSRColton, Crespo, Crouch, Gunther, Jones, Otis, Bichotte, D'Urso
 
MLTSPNSRWeprin
 
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
 
Relates to ovarian cancer research.
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A02388 Actions:

BILL NOA02388
 
01/20/2017referred to health
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A02388 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2388
 
SPONSOR: Rozic (MS)
  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: To authorize funding of mapping incidences of ovarian cancer from the Breast and Ovarian Cancer Research and Education Fund to qualified research institutions, organizations, or agencies.   SUMMARY OF PROVISIONS: This law amends public health law, state finance law, tax law and vehi- cle and traffic law in relation to ovarian cancer research. Every program suggested in this law is already in existence for other types of cancer. The public health law is to be amended in four sections. Section I amends the opening paragraph of paragraph (b) and paragraph (d) of subdivision 1 of section 2410 of the public health law to include ovarian cancer survivors on the state's decision-making body for cancer research. Section II amends paragraphs a, b, c, e and h of subdivision 1 of section 2411 of the public health law amended to include funding for ovarian cancer research and education programs. As the law currently stands, this funding is provided for breast, testicular and prostate cancers. Section III amends section 2412 of the public health law to review data collected by New York State agencies to determine if this data can provide insight into the cause, diagnosis and treatment of ovarian cancer. Section IV amends section 2413 of the public health law to include data on ovarian cancer in an annual report submitted to the Governor, Speaker of the Assembly, and President of the Senate. Section V amends section 97-yy of the state finance law and subdivisions 2 and 2-a are amended to expand the existing breast cancer research education fund into the breast and ovarian cancer research and education fund. Section VI amends section 209-D of the tax law to allow taxpayers the option of donating to the ovarian cancer research and education fund on the corporate income tax return form and the personal income tax return form. Section VII amends section 627 of the tax law to allow taxpayers the option of donating to the ovarian cancer research and education fund on the corporate income tax return form and the personal income tax return form. Section VIII amends section 404-q of the vehicle and traffic law to allow the already established "drive for a cure" distinctive license plates to support ovarian cancer research. Additionally, the law is amended to allow twelve dollars and fifty cents of the twenty-five dollar annual service charge for the plates to go toward breast and ovarian cancer research and education, while allowing the remaining twelve dollars and fifty cents to go towards prostate and testicular cancer research and education. Section IX sets forth the effective date.   JUSTIFICATION: Funding grant proposals for the mapping of ovarian cancer incidences from the Breast and Ovarian Cancer Research and Education Fund would encourage innovative mapping research proposals. This bill would provide an opportunity to advance our understanding of why there are such geographic variations in ovarian cancer incidence.   LEGISLATIVE HISTORY: 2016: A00325 (Rozic) - Health 2015: A00325 (Rozic) - Health 2014: A08467 (Rozic) - Health 2013: A4992 (Espinal)- Health   FISCAL IMPACT ON UM STATE: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
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A02388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2388
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by  M.  of A. ROZIC, COLTON, CRESPO, CROUCH, GUNTHER, JONES,
          OTIS -- Multi-Sponsored by --  M.  of  A.  WEPRIN  --  read  once  and
          referred 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:
 
     1    Section 1. The opening paragraph of paragraph (b) and paragraph (d) of
     2  subdivision 1 of section 2410 of the  public  health  law,  the  opening
     3  paragraph  of  paragraph  (b)  as  added and paragraph (d) as amended by
     4  chapter 32 of the laws of 2008, are amended to read as follows:
     5    the governor shall appoint six regional members, three of  whom  shall
     6  serve  as  full voting members and three of whom shall serve as alterna-
     7  tive members without voting  rights.  Such  regional  members  shall  be
     8  persons  who  have  or  have  had breast or ovarian cancer, and shall be
     9  actively involved with a community-based, grass-roots breast or  ovarian
    10  cancer  organization.    Two of such appointments shall be made upon the
    11  recommendation of the temporary president of the senate and two shall be
    12  made upon the  recommendation  of  the  speaker  of  the  assembly.  One
    13  regional member shall be appointed from each of the following geographic
    14  areas  of  the  state:    Long Island, New York City, the Hudson Valley,
    15  Northern New York, Central New York and Western New York. The  order  of
    16  appointments  and  recommendations  for  appointments  and voting rights
    17  shall rotate as follows:
    18    (d) the governor shall appoint one voting member who shall be a person
    19  who has or has survived breast or ovarian cancer and one  voting  member
    20  who  shall  be  a  person who has or has survived prostate or testicular
    21  cancer.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01135-01-7

        A. 2388                             2
 
     1    § 2. Paragraphs (a), (b), (c), (e) and (h) of subdivision 1 of section
     2  2411 of the public health law, as amended by section  5  of  part  A  of
     3  chapter 60 of the laws of 2014, are amended to read as follows:
     4    (a)  Survey  state  agencies, boards, programs and other state govern-
     5  mental entities to assess what, if any, relevant data  has  been  or  is
     6  being  collected which may be of use to researchers engaged in breast or
     7  ovarian cancer research;
     8    (b) Consistent with the survey conducted pursuant to paragraph (a)  of
     9  this  subdivision,  compile  a  list of data collected by state agencies
    10  which may be of assistance to researchers engaged in breast  or  ovarian
    11  cancer  research as established in section twenty-four hundred twelve of
    12  this title;
    13    (c) Consult with the Centers for Disease Control and  Prevention,  the
    14  National Institutes of Health, the Federal Agency For Health Care Policy
    15  and  Research,  the National Academy of Sciences and other organizations
    16  or entities which may be involved in cancer  research  to  solicit  both
    17  information  regarding  breast  or ovarian cancer research projects that
    18  are currently being conducted and recommendations  for  future  research
    19  projects;
    20    (e)  Solicit, receive, and review applications from public and private
    21  agencies and  organizations  and  qualified  research  institutions  for
    22  grants  from  the breast and ovarian cancer research and education fund,
    23  created pursuant to section ninety-seven-yy of the state finance law, to
    24  conduct research or educational programs  which  focus  on  the  causes,
    25  prevention,  screening,  treatment and cure of breast and ovarian cancer
    26  and may include, but are not limited to mapping of breast  [cancer]  and
    27  ovarian  cancers, and basic, behavioral, clinical, demographic, environ-
    28  mental, epidemiologic and psychosocial research. The  board  shall  make
    29  recommendations  to the commissioner, and the commissioner shall, in his
    30  or her discretion, grant approval of applications for grants from  those
    31  applications  recommended by the board. The board shall consult with the
    32  Centers for Disease Control and Prevention, the National  Institutes  of
    33  Health,  the  Federal  Agency  For  Health Care Policy and Research, the
    34  National Academy of Sciences, breast and ovarian cancer advocacy groups,
    35  and other organizations or entities which may be involved in breast  and
    36  ovarian cancer research to solicit both information regarding breast and
    37  ovarian  cancer research projects that are currently being conducted and
    38  recommendations for future research projects. As used in  this  section,
    39  "qualified  research  institution"  may  include academic medical insti-
    40  tutions, state or local government agencies, public or private organiza-
    41  tions within this state, and  any  other  institution  approved  by  the
    42  department,  which  is  conducting  a breast and ovarian cancer research
    43  project or educational program. If a board member submits an application
    44  for a grant from the breast and ovarian cancer  research  and  education
    45  fund,  he  or she shall be prohibited from reviewing and making a recom-
    46  mendation on the application;
    47    (h) Meet at least six times in the first year, at the request  of  the
    48  chair  and  at  any  other  time as the chair deems necessary. The board
    49  shall meet at least two times a year and as needed thereafter. Provided,
    50  however, that at least one such meeting a year shall be a  public  hear-
    51  ing,  at  which  the general public may question and present information
    52  and comments to the board with respect to the operation  of  the  health
    53  research  science  board,  the  breast  and  ovarian cancer research and
    54  education fund, and pesticide reporting established pursuant to sections
    55  33-1205 and 33-1207 of the environmental conservation law. At such hear-
    56  ing, the commissioner of the department of environmental conservation or

        A. 2388                             3

     1  his or her designee shall make a report to the board with respect to the
     2  efficiency and utility of pesticide reporting  established  pursuant  to
     3  sections  33-1205  and  33-1207  of  the environmental conservation law.
     4  Should  the existing bylaws be amended by the board, any such amendments
     5  shall be consistent with the revisions of this paragraph[;].
     6    § 3. Section 2412 of the public health law, as amended by chapter  219
     7  of the laws of 1997, is amended to read as follows:
     8    § 2412. Agency implementation.  All state agencies, including, but not
     9  limited  to,  the  departments of agriculture and markets, environmental
    10  conservation, and health, shall review  their  programs  and  operations
    11  (pursuant  to  guidelines established by the board) to determine whether
    12  they currently collect data which may be of use to  researchers  engaged
    13  in  breast,  ovarian, prostate or testicular cancer research. Any agency
    14  collecting such data shall forward a description  of  the  data  to  the
    15  health research science board.
    16    §  4. Section 2413 of the public health law, as amended by section 5-a
    17  of part A of chapter 60 of the laws of  2014,  is  amended  to  read  as
    18  follows:
    19    §  2413. Biennial report. The commissioner shall submit a report on or
    20  before January first commencing in  nineteen  hundred  ninety-nine,  and
    21  biennially  thereafter,  to the governor, the temporary president of the
    22  senate and the speaker of the assembly concerning the operation  of  the
    23  health research science board. Such report shall include recommendations
    24  from  the  health  research science board including, but not limited to,
    25  the types of data that would be useful for  breast  and  ovarian  cancer
    26  researchers  and  whether  private citizen use of residential pesticides
    27  should be added to the reporting requirements.  The  report  shall  also
    28  include  a  summary of research requests granted or denied. In addition,
    29  such report shall include an evaluation by the commissioner, the commis-
    30  sioner of the department of environmental conservation  and  the  health
    31  research  science  board of the basis, efficiency and scientific utility
    32  of the information derived from pesticide reporting pursuant to sections
    33  33-1205 and 33-1207 of the environmental conservation law and  recommend
    34  whether  such  system  should be modified or continued. The report shall
    35  include a summary of the comments and recommendations presented  by  the
    36  public at the board's public hearings.
    37    §  5.  Section 97-yy of the state finance law, as added by chapter 279
    38  of the laws of 1996, subdivisions 2 and 2-a as amended by chapter 385 of
    39  the laws of 2007, and subdivision 2-b as amended by chapter 453  of  the
    40  laws of 2015, is amended to read as follows:
    41    §  97-yy.  Breast  and  ovarian cancer research and education fund. 1.
    42  There is hereby established in the joint custody of the commissioner  of
    43  taxation  and finance and the comptroller, a special fund to be known as
    44  the "breast and ovarian cancer research and education fund".
    45    2. Such fund shall consist of all revenues received by the  department
    46  of  taxation  and  finance,  pursuant  to  the provisions of section two
    47  hundred nine-D and section six hundred twenty-seven of the tax law,  all
    48  moneys  collected pursuant to section four hundred four-q of the vehicle
    49  and traffic law, as added by chapter five hundred  twenty-eight  of  the
    50  laws of nineteen hundred ninety-nine, and all other moneys appropriated,
    51  credited,  or transferred thereto from any other fund or source pursuant
    52  to law. For each state fiscal year, there shall be appropriated  to  the
    53  fund by the state, in addition to all other moneys required to be depos-
    54  ited  into such fund, an amount equal to the amounts of monies collected
    55  and deposited into the fund pursuant to sections two hundred nine-D  and
    56  six  hundred twenty-seven of the tax law and section four hundred four-q

        A. 2388                             4
 
     1  of the vehicle and traffic law, as added by chapter five  hundred  twen-
     2  ty-eight of the laws of nineteen hundred ninety-nine, and the amounts of
     3  moneys  received  and  deposited  into  the  fund from grants, gifts and
     4  bequests  during  the preceding calendar year, as certified by the comp-
     5  troller. Nothing contained herein shall prevent the state from receiving
     6  grants, gifts or bequests for the purposes of the  fund  as  defined  in
     7  this section and depositing them into the fund according to law.
     8    2-a. On or before the first day of February each year, the comptroller
     9  shall certify to the governor, temporary president of the senate, speak-
    10  er  of  the assembly, chair of the senate finance committee and chair of
    11  the assembly ways and means committee, the amount of money deposited  in
    12  the  breast  and  ovarian  cancer research and education fund during the
    13  preceding calendar year as the result of  revenue  derived  pursuant  to
    14  sections  two hundred nine-D and six hundred twenty-seven of the tax law
    15  and section four hundred four-q of the vehicle and traffic law, as added
    16  by chapter five hundred twenty-eight of the  laws  of  nineteen  hundred
    17  ninety-nine, and from grants, gifts and bequests.
    18    2-b. On or before the first day of February each year, the commission-
    19  er  of  health shall provide a written report to the temporary president
    20  of the senate, speaker of the assembly,  chair  of  the  senate  finance
    21  committee,  chair of the assembly ways and means committee, chair of the
    22  senate committee on health, chair of the assembly health committee,  the
    23  state  comptroller  and  the  public.  Such report shall include how the
    24  monies of the fund were utilized during the preceding calendar year, and
    25  shall include:
    26    (i) the amount of money dispersed from the fund and the award  process
    27  used for such disbursements;
    28    (ii) recipients of awards from the fund;
    29    (iii) the amount awarded to each;
    30    (iv) the purposes for which such awards were granted; and
    31    (v) a summary financial plan for such monies which shall include esti-
    32  mates of all receipts and all disbursements for the current and succeed-
    33  ing  fiscal  years,  along with the actual results from the prior fiscal
    34  year.
    35    3. Monies of the fund shall be expended only for  breast  and  ovarian
    36  cancer  research  and  educational  projects.  As  used in this section,
    37  "breast and ovarian cancer research and education projects" means scien-
    38  tific research or educational projects which, pursuant  to  section  two
    39  thousand  four  hundred eleven of the public health law, are approved by
    40  the department of health, upon the recommendation of the health research
    41  science board.
    42    4. Monies shall be payable from the fund on the audit and  warrant  of
    43  the  comptroller  on vouchers approved and certified by the commissioner
    44  of health.
    45    5. To the extent practicable, the commissioner of health shall  ensure
    46  that  all monies received during a fiscal year are expended prior to the
    47  end of that fiscal year.
    48    § 6. Section 209-D of the tax law, as added by chapter 279 of the laws
    49  of 1996, is amended to read as follows:
    50    § 209-D. Gift for breast and ovarian cancer  research  and  education.
    51  Effective  for  any tax year commencing on or after January first, nine-
    52  teen hundred ninety-six, a taxpayer in any taxable  year  may  elect  to
    53  contribute  to the support of the breast and ovarian cancer research and
    54  education fund. Such contribution shall be in any  whole  dollar  amount
    55  and  shall not reduce the amount of the state tax owed by such taxpayer.
    56  The commissioner shall include space on the corporate income tax  return

        A. 2388                             5
 
     1  to  enable  a  taxpayer  to  make such contribution. Notwithstanding any
     2  other provision of law, all revenues collected pursuant to this  section
     3  shall  be  credited to the breast and ovarian cancer research and educa-
     4  tion  fund  and  shall  be  used  only  for those purposes enumerated in
     5  section ninety-seven-yy of the state finance law.
     6    § 7. Section 627 of the tax law, as added by chapter 279 of  the  laws
     7  of 1996, is amended to read as follows:
     8    §  627.  Gift  for  breast  and ovarian cancer research and education.
     9  Effective for any tax year commencing on or after January  first,  nine-
    10  teen  hundred ninety-six, an individual in any taxable year may elect to
    11  contribute to the breast and ovarian cancer research and education fund.
    12  Such contribution shall be in any whole  dollar  amount  and  shall  not
    13  reduce the amount of state tax owed by such individual. The commissioner
    14  shall  include  space  on  the  personal  income  tax return to enable a
    15  taxpayer to make such contribution.  Notwithstanding any other provision
    16  of law all revenues collected pursuant to this section shall be credited
    17  to the breast and ovarian cancer research and education  fund  and  used
    18  only  for  those  purposes  enumerated in section ninety-seven-yy of the
    19  state finance law.
    20    § 8. Section 404-q of the vehicle and traffic law, as added by chapter
    21  528 of the laws of 1999 and subdivision 2 as amended by section  7-a  of
    22  part A of chapter 60 of the laws of 2014, is amended to read as follows:
    23    §  404-q.  Distinctive  "drive  for  the  cure" license plates. 1. Any
    24  person residing in this state shall, upon request, be issued a  distinc-
    25  tive  "drive  for the cure" license plate in support of breast, ovarian,
    26  prostate and testicular cancer research bearing the  phrase  "drive  for
    27  the  cure".  Application  for said license plate shall be filed with the
    28  commissioner  in  such  form  and  detail  as  the  commissioner   shall
    29  prescribe.
    30    2. A distinctive "drive for the cure" license plate issued pursuant to
    31  this  section  shall be issued in the same manner as other number plates
    32  upon the payment of the regular registration fee prescribed  by  section
    33  four  hundred one of this article, provided, however, that an additional
    34  annual service charge of twenty-five dollars shall be charged  for  such
    35  plate.  Twelve  dollars  and  fifty  cents from each twenty-five dollars
    36  received as annual service charges under this section shall be deposited
    37  to the credit of the breast and ovarian cancer  research  and  education
    38  fund  established  pursuant  to  section  ninety-seven-yy  of  the state
    39  finance law and shall be used for research and education programs under-
    40  taken pursuant to section twenty-four hundred ten of the  public  health
    41  law.    Twelve  dollars  and  fifty  cents from each twenty-five dollars
    42  received as annual service charges under this section shall be deposited
    43  to the credit of the New  York  State  prostate  and  testicular  cancer
    44  research   and   education   fund   established   pursuant   to  section
    45  ninety-five-e of the state finance law and shall be  used  for  research
    46  and  education  programs undertaken pursuant to section ninety-five-e of
    47  the state finance law.  Provided, however that one year after the effec-
    48  tive date of this section funds in the amount of six  thousand  dollars,
    49  or  so  much  thereof  as  may  be  available, shall be allocated to the
    50  department to offset  costs  associated  with  the  production  of  such
    51  license plates.
    52    §  9.  This  act  shall take effect on the sixtieth day after it shall
    53  have become a law.
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