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:

BILL NUMBER:A7896A

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
awareness.

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:

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

                                        7896--A
                                                               Cal. No. 269

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                     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    S  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    S 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    S  4.  The tax law is amended by adding a new section 209-H to read as
   45  follows:
   46    S 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    S 5. The tax law is amended by adding a new section 630-c to  read  as
    2  follows:
    3    S 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    S  6. The state finance law is amended by adding a new section 97-llll
   14  to read as follows:
   15    S 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    S 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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