BILL NO A03141
SAME AS SAME AS S02777
MLTSPNSR Brennan, Markey, Perry, Rivera, Schimel
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.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 23, 2013
Introduced by M. of A. GIBSON -- read once and referred to the 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:
1 Section 1. Legislative intent. The legislature hereby finds the
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) No new drugs have been approved by the U.S. Food and Drug Adminis-
19 tration specifically for lupus in nearly forty years and while current
20 treatments for the disease can be effective, they can lead to damaging
21 side effects.
22 (e) The pain and fatigue associated with lupus can threaten people's
23 ability to live independently, make it difficult to maintain employment
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 3141 2
1 and lead normal lives, and one in five people with lupus is disabled by
2 the disease, and consequently receives support from government programs,
3 including Medicare, Medicaid, social security disability, and social
4 security supplemental income.
5 (f) The estimated average annual cost of medical treatment for an
6 individual with lupus can range between ten thousand dollars and thirty
7 thousand dollars; for people who have the most serious form of lupus,
8 medical costs can greatly exceed this amount, causing a significant
9 economic, emotional and social burden to the entire family and society.
10 (g) More than half of the people with lupus suffer four or more years
11 and visit three or more physicians before obtaining a diagnosis of
12 lupus; early diagnosis of and commencement of treatment for lupus can
13 prevent or reduce serious organ damage, disability, and death.
14 (h) Despite the magnitude of lupus and its impact on individuals and
15 families, health professional and public understanding of lupus remains
16 low; only one of five Americans can provide even basic information about
17 lupus, and awareness of lupus is lowest among adults ages eighteen to
18 thirty-four -- the age group most likely to develop symptoms of lupus.
19 (i) Lupus is a significant national health issue that deserves a
20 comprehensive and coordinated response by state and federal governments
21 with involvement of the health care provider, patient, and public health
23 S 2. Subdivision 1 of section 207 of the public health law is amended
24 by adding a new paragraph (i) to read as follows:
25 (I) THE DANGERS OF, INCLUDING WAYS TO PREVENT THE INCIDENCE AND SEVER-
26 ITY OF, LUPUS, A DEBILITATING AUTOIMMUNE DISEASE THAT CAN CAUSE INFLAM-
27 MATION AND TISSUE DAMAGE TO VIRTUALLY ANY ORGAN SYSTEM IN THE BODY,
28 INCLUDING THE SKIN, JOINTS, OTHER CONNECTIVE TISSUE, BLOOD AND BLOOD
29 VESSELS, HEART, LUNG, KIDNEY AND BRAIN, AND WHICH AFFECTS WOMEN, PARTIC-
30 ULARLY WOMEN OF COLOR, IN A DISPROPORTIONATE MANNER; PROVIDED THAT THE
31 PROGRAM SHALL INCLUDE AN ADVISORY COUNCIL UNDER THIS SECTION THAT SHALL
32 INCLUDE REPRESENTATIVES OF PEOPLE WITH LUPUS AND THEIR FAMILIES AND
33 HEALTH CARE PROVIDERS WHO SPECIALIZE IN TREATING LUPUS, AMONG OTHERS.
34 S 3. Subdivision 7 of section 207 of the public health law, as
35 amended by section 16 of part A of chapter 109 of the laws of 2010, is
36 amended to read as follows:
37 7. In addition to state funds appropriated for programs under this
38 section, the commissioner may accept grants from public or private
39 sources for these programs. The commissioner, in administering this
40 section, shall seek to coordinate the department's programs with other
41 public and private programs, and may undertake joint or cooperative
42 programs with other public or private entities, INCLUDING MAKING GRANTS
43 (WITHIN AMOUNTS APPROPRIATED THEREFOR AND CONSISTENT WITH APPLICABLE
44 LAW) TO PUBLIC OR NOT-FOR-PROFIT ENTITIES.
45 S 4. The tax law is amended by adding a new section 209-H to read as
47 S 209-H. GIFT FOR LUPUS EDUCATION AND PREVENTION. A TAXPAYER IN ANY
48 TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE LUPUS EDUCA-
49 TION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
50 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH
51 TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME
52 TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITH-
53 STANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO
54 THIS SECTION SHALL BE CREDITED TO THE LUPUS EDUCATION AND PREVENTION
55 FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
56 NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW.
A. 3141 3
1 S 5. The tax law is amended by adding a new section 630-c to read as
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 immediately.