A07896 Summary:

BILL NO    A07896A

SAME AS    SAME AS S05721-A

SPONSOR    Gibson

COSPNSR    Jaffee, Crespo, Castro, Sweeney, Gunther, Titone, Boyland, Linares,
           Weprin, Brindisi, Schimel

MLTSPNSR   Arroyo, Cook, Mayer, Millman, Rivera P, Robinson, Stevenson

Amd S207, Pub Health L; add SS209-H & 630-c, Tax L; add S97-llll, St Fin L

Provides for taxpayer gifts for lupus education and prevention, and establishes
the lupus education and prevention fund and outreach program.
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A07896 Actions:

BILL NO    A07896A

05/20/2011 referred to ways and means
06/17/2011 reported referred to rules
06/20/2011 reported 
06/20/2011 rules report cal.493
06/20/2011 ordered to third reading rules cal.493
06/20/2011 passed assembly
06/20/2011 delivered to senate
06/20/2011 REFERRED TO RULES
01/04/2012 DIED IN SENATE
01/04/2012 RETURNED TO ASSEMBLY
01/04/2012 ordered to third reading cal.269
02/06/2012 amended on third reading 7896a
04/30/2012 passed assembly
04/30/2012 delivered to senate
04/30/2012 REFERRED TO HEALTH
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A07896 Votes:

A07896 06/20/2011 131/11
AbbateYCastellYGalefYKatzNOMcKevitYRabbittNOStevensY
AbinantYCastroYGanttERKavanagNOMcLaughYRaiaYSweeneyY
AmedoreYCerettoYGibsonYKellnerYMengYRamosYTediscoY
ArroyoERClarkYGiglioYKirwanERMill D YReilichYTenneyNO
AubryYColtonYGlickYKolbYMill JMYReillyYThieleY
BarclayYConteYGoodellNOLancmanYMill MGYRive J ERTitoneY
BarronYCookYGottfriNOLatimerYMillmanYRive N YTitusY
BenedetNOCorwinYGrafYLavineYMolinarYRive PMYTobaccoY
BingYCrespoYGuntherYLentolYMontesaYRobertsYWeinsteY
BlankenYCrouchYHannaYLiftonYMorelleYRobinsoYWeisenbY
BoylandYCurranYHawleyNOLinaresYMoyaYRodriguYWeprinY
BoyleYCusickYHayesNOLope PDYMurrayYRosenthYWrightY
BraunstYCymbrowYHeastieYLope VJYNolanYRussellYZebrowsY
BrennanYDenDekkYHevesiYLosquadYOaksYSaladinYMr SpkrY
BronsonYDinowitYHikindYLupardoYO'DonneYSaywardY
Brook KYDupreyYHooperYMageeYOrtizYScarborY
BurlingYEnglebrYHoytYMagnareYPalmesaYSchimelY
ButlerYFarrellYJacobsYMaiselYPaulinNOSchimmiY
CahillYFinchYJaffeeYMalliotYPeoplesYSchroedY
CalhounNOFitzpatYJeffrieYMarkeyYPerryYSimotasY
CamaraYFriendYJohnsYMcDonouYPretlowYSmardzY
CanestrYGabryszYJordanYMcEnenyYRaYSpanoY

A07896A04/30/2012 131/9
AbbateYCanestrYFriendYJordanYMcDonouYQuartYSimotasY
AbinantYCastellYGabryszYKatzYMcEnenyYRaYSkartadY
AmedoreYCastroYGalefYKavanagNOMcKevitYRabbittYSmardzY
ArroyoYCerettoYGanttYKearnsYMcLaughYRaiaYStevensY
AubryYClarkYGibsonYKellnerYMengERRamosYSweeneyY
BarclayYColtonYGiglioYKolbYMill D YReilichYTediscoY
BarrettYConteYGlickERLancmanERMill JMYReillyYTenneyY
BarronYCookYGoldfedYLatimerYMill MGYRive J YThieleY
BenedetNOCorwinYGoodellYLavineYMillmanYRive N ERTitoneY
BlankenYCrespoYGottfriNOLentolYMontesaYRive PMYTitusY
BoylandERCrouchYGrafYLiftonYMorelleYRobertsYTobaccoER
BoyleYCurranYGuntherYLinaresYMoyaYRobinsoYWalterNO
BraunstYCusickYHannaYLope PDYMurrayYRodriguYWeinsteY
BrennanNOCymbrowYHawleyNOLope VJYNolanYRosenthYWeisenbY
BrindisYDenDekkYHeastieYLosquadYOaksYRussellYWeprinY
BronsonYDinowitYHevesiERLupardoERO'DonneYRyanYWrightER
Brook KYDupreyYHikindYMageeYOrtizYSaladinYZebrowsY
BurlingYEnglebrYHooperYMagnareYPalmesaYSaywardYMr SpkrY
ButlerYEspinalYJacobsYMaiselYPaulinNOScarborY
CahillYFarrellYJaffeeYMalliotNOPeoplesYSchimelY
CalhounNOFinchYJeffrieERMarkeyYPerryYSchimmiY
CamaraYFitzpatYJohnsYMayerYPretlowYSimanowY

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A07896 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7896A
 
SPONSOR: Gibson
  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 describes the legislative intent of the debilitating autoimmune disease called Lupus. Section 2 creates the lupus health care and wellness education and outreach program within the Department of Health. Section 3 amends 207-(7) of the public health law to allow for grants to be made to public or not-for- profit entities within the health care and wellness education and outreach programs. Sections 4 and 5, adds new sections, 209-G and 630-b to the tax law, respectively, to allow corporate and individual taxpayers the option to contribute to the lupus education and prevention fund, via a tax check- off on the tax return. Section 6, adds a new section, 97-jjjj, 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 the state comptroller. Monies received into this fund will be used to finance programs to educate the public about lupus.   JUSTIFICATION: Lupus, a disease a lot of people have never heard of, is a serious, complex, debilitating autoimmune disease that can cause inflammation and tissue damage to virtually any organ system in the body. This bill provides a way to raise funds for an education and prevention program by having a voluntarily taxpayer check-off on both individual and corporate taxpayer tax forms. These funds will be used for educate the public regarding this disease and to increase its aware- ness. This legislation is a revised version of Assembly Bill A. 8882-A which passed both houses of the state Legislature only to be vetoed by then Governor David Paterson on July 30, 2010. This legislation addresses the concerns raised in the veto message by setting the effective date as one year from enactment.   PRIOR LEGISLATIVE HISTORY: New Legislation   FISCAL IMPLICATIONS:.None.   EFFECTIVE DATE: Immediately.
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A07896 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7896--A
                                                                Cal. No. 269
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 20, 2011
                                       ___________
 
        Introduced  by M. of A. GIBSON, JAFFEE, CRESPO, CASTRO, SWEENEY, GUNTHER
          -- Multi-Sponsored by -- M. of A. BOYLAND, P. RIVERA, ROBINSON,  STEV-
          ENSON  -- read once and referred to the Committee on Ways and Means --
          advanced to a third reading, amended and ordered reprinted,  retaining

          its place on the order of third reading
 
        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:
 
     1    Section 1.  Legislative  intent.  The  legislature  hereby  finds  the
     2  following:
     3    (a)  Lupus is a serious, complex, debilitating autoimmune disease that
     4  can cause inflammation and tissue damage to virtually any  organ  system
     5  in  the body, including the skin, joints, other connective tissue, blood
     6  and blood vessels, heart, lungs, kidney, and brain.
     7    (b) Lupus research estimates that approximately one and a half to  two

     8  million Americans live with some form of lupus; lupus affects women nine
     9  times more often than men and eighty percent of newly diagnosed cases of
    10  lupus develop among women of childbearing age.
    11    (c)  Lupus  disproportionately  affects women of color -- it is two to
    12  three times more common among African-Americans, Hispanics,  Asians  and
    13  Native Americans and is generally more prevalent in minority populations
    14  -- a health disparity that remains unexplained. According to the Centers
    15  for  Disease  Control  and  Prevention  the  rate of lupus mortality has
    16  increased since the late 1970s and is higher among older  African-Ameri-
    17  can women.
    18    (d)  The  pain and fatigue associated with lupus can threaten people's
    19  ability to live independently, make it difficult to maintain  employment
    20  and  lead normal lives, and one in five people with lupus is disabled by
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11670-02-2

        A. 7896--A                          2
 
     1  the disease, and consequently receives support from government programs,
     2  including Medicare, Medicaid, social  security  disability,  and  social
     3  security supplemental income.
     4    (e)  The  estimated  average  annual  cost of medical treatment for an
     5  individual with lupus can range between ten thousand dollars and  thirty
     6  thousand  dollars;  for  people who have the most serious form of lupus,
     7  medical costs can greatly exceed  this  amount,  causing  a  significant
     8  economic, emotional and social burden to the entire family and society.

     9    (f)  More than half of the people with lupus suffer four or more years
    10  and visit three or more  physicians  before  obtaining  a  diagnosis  of
    11  lupus;  early  diagnosis  of and commencement of treatment for lupus can
    12  prevent or reduce serious organ damage, disability, and death.
    13    (g) Despite the magnitude of lupus and its impact on  individuals  and
    14  families,  health professional and public understanding of lupus remains
    15  low; only one of five Americans can provide even basic information about
    16  lupus, and awareness of lupus is lowest among adults  ages  eighteen  to
    17  thirty-four -- the age group most likely to develop symptoms of lupus.
    18    (h)  Lupus  is  a  significant  national  health issue that deserves a
    19  comprehensive and coordinated response by state and federal  governments
    20  with involvement of the health care provider, patient, and public health
    21  communities.

    22    §  2. Subdivision 1 of section 207 of the public health law is amended
    23  by adding a new paragraph (i) to read as follows:
    24    (i) The dangers of, including ways to prevent the incidence and sever-
    25  ity of, lupus, a debilitating autoimmune disease that can cause  inflam-
    26  mation  and  tissue  damage  to  virtually any organ system in the body,
    27  including the skin, joints, other connective  tissue,  blood  and  blood
    28  vessels, heart, lung, kidney and brain, and which affects women, partic-
    29  ularly  women  of color, in a disproportionate manner; provided that the
    30  program shall include an advisory council under this section that  shall
    31  include  representatives  of  people  with  lupus and their families and
    32  health care providers who specialize in treating lupus, among others.

    33    § 3.   Subdivision 7 of section 207  of  the  public  health  law,  as
    34  amended  by  section 16 of part A of chapter 109 of the laws of 2010, is
    35  amended to read as follows:
    36    7. In addition to state funds appropriated  for  programs  under  this
    37  section,  the  commissioner  may  accept  grants  from public or private
    38  sources for these programs.  The  commissioner,  in  administering  this
    39  section,  shall  seek to coordinate the department's programs with other
    40  public and private programs, and  may  undertake  joint  or  cooperative
    41  programs  with other public or private entities, including making grants
    42  (within amounts appropriated therefor  and  consistent  with  applicable
    43  law) to public or not-for-profit entities.
    44    §  4.  The tax law is amended by adding a new section 209-H to read as
    45  follows:

    46    § 209-H. Gift for lupus education and prevention. A  taxpayer  in  any
    47  taxable  year may elect to contribute to the support of the lupus educa-
    48  tion and prevention fund. Such contribution shall be in any whole dollar
    49  amount and shall not reduce the amount of the state  tax  owed  by  such
    50  taxpayer.  The  commissioner shall include space on the corporate income
    51  tax return to enable a taxpayer to make  such  contribution.    Notwith-
    52  standing  any other provision of law, all revenues collected pursuant to
    53  this section shall be credited to the  lupus  education  and  prevention
    54  fund  and  shall  be  used only for those purposes enumerated in section
    55  ninety-seven-llll of the state finance law.


        A. 7896--A                          3
 
     1    § 5. The tax law is amended by adding a new section 630-c to  read  as
     2  follows:
     3    § 630-c. Gift for lupus education and prevention. An individual in any
     4  taxable  year  may  elect  to  contribute  to  the  lupus  education and
     5  prevention fund. Such contribution shall be in any whole  dollar  amount
     6  and  shall  not  reduce the amount of state tax owed by such individual.
     7  The commissioner shall include space on the personal income  tax  return
     8  to  enable  a  taxpayer  to  make such contribution. Notwithstanding any
     9  other provision of law all revenues collected pursuant to  this  section
    10  shall  be  credited  to the lupus education and prevention fund and used

    11  only for those purposes enumerated in section ninety-seven-llll  of  the
    12  state finance law.
    13    §  6. The state finance law is amended by adding a new section 97-llll
    14  to read as follows:
    15    § 97-llll. Lupus education and prevention fund.  1.  There  is  hereby
    16  established  in  the  joint  custody of the commissioner of taxation and
    17  finance and the comptroller, a special fund to be known  as  the  "lupus
    18  education and prevention fund".
    19    2.  Such fund shall consist of all revenues received by the department
    20  of taxation and finance, pursuant  to  the  provisions  of  section  two
    21  hundred  nine-H and section six hundred thirty-c of the tax law, and all
    22  other moneys appropriated, credited  or  transferred  thereto  from  any

    23  other  fund or source pursuant to law. Nothing contained in this section
    24  shall prevent the state from receiving grants, gifts or bequests for the
    25  purposes of the fund as defined in this section and depositing them into
    26  the fund according to law.
    27    3. Monies of the fund shall be expended only for lupus  education  and
    28  prevention  projects.  As  used  in  this  section, "lupus education and
    29  prevention projects" means educational projects,  including  grants  for
    30  lupus  education  and  prevention  programs,  which  are approved by the
    31  department of health.
    32    4. Monies shall be payable from the fund on the audit and  warrant  of
    33  the  comptroller  on vouchers approved and certified by the commissioner
    34  of health.

    35    5. To the extent practicable, the commissioner of health shall  ensure
    36  that  all monies received during a fiscal year are expended prior to the
    37  end of that fiscal year.
    38    § 7. This act shall take effect on the three hundred  sixty-fifth  day
    39  after it shall have become a law.
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