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A01842 Summary:

BILL NOA01842
 
SAME ASNo same as
 
SPONSORGibson (MS)
 
COSPNSRJaffee, Crespo, Schimel, Sweeney, Roberts
 
MLTSPNSRCook, Millman, Perry, 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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A01842 Actions:

BILL NOA01842
 
01/09/2013referred to ways and means
12/06/2013enacting clause stricken
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A01842 Floor Votes:

There are no votes for this bill in this legislative session.
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A01842 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1842
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of A. GIBSON, JAFFEE, CRESPO, SCHIMEL -- Multi-Spon-
          sored by -- M. of A.   COOK,  MILLMAN,  STEVENSON  --  read  once  and
          referred to the Committee on Ways and Means
 
        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
    21  the disease, and consequently receives support from government programs,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD02056-01-3

        A. 1842                             2
 
     1  including Medicare, Medicaid, social  security  disability,  and  social
     2  security supplemental income.
     3    (e)  The  estimated  average  annual  cost of medical treatment for an
     4  individual with lupus can range between ten thousand dollars and  thirty
     5  thousand  dollars;  for  people who have the most serious form of lupus,
     6  medical costs can greatly exceed  this  amount,  causing  a  significant
     7  economic, emotional and social burden to the entire family and society.
     8    (f)  More than half of the people with lupus suffer four or more years
     9  and visit three or more  physicians  before  obtaining  a  diagnosis  of

    10  lupus;  early  diagnosis  of and commencement of treatment for lupus can
    11  prevent or reduce serious organ damage, disability, and death.
    12    (g) Despite the magnitude of lupus and its impact on  individuals  and
    13  families,  health professional and public understanding of lupus remains
    14  low; only one of five Americans can provide even basic information about
    15  lupus, and awareness of lupus is lowest among adults  ages  eighteen  to
    16  thirty-four -- the age group most likely to develop symptoms of lupus.
    17    (h)  Lupus  is  a  significant  national  health issue that deserves a
    18  comprehensive and coordinated response by state and federal  governments
    19  with involvement of the health care provider, patient, and public health
    20  communities.
    21    §  2. Subdivision 1 of section 207 of the public health law is amended
    22  by adding a new paragraph (i) to read as follows:

    23    (i) The dangers of, including ways to prevent the incidence and sever-
    24  ity of, lupus, a debilitating autoimmune disease that can cause  inflam-
    25  mation  and  tissue  damage  to  virtually any organ system in the body,
    26  including the skin, joints, other connective  tissue,  blood  and  blood
    27  vessels, heart, lung, kidney and brain, and which affects women, partic-
    28  ularly  women  of color, in a disproportionate manner; provided that the
    29  program shall include an advisory council under this section that  shall
    30  include  representatives  of  people  with  lupus and their families and
    31  health care providers who specialize in treating lupus, among others.
    32    § 3.   Subdivision 7 of section 207  of  the  public  health  law,  as

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

    46  taxable  year may elect to contribute to the support of the lupus educa-
    47  tion and prevention fund. Such contribution shall be in any whole dollar
    48  amount and shall not reduce the amount of the state  tax  owed  by  such
    49  taxpayer.  The  commissioner shall include space on the corporate income
    50  tax return to enable a taxpayer to make  such  contribution.    Notwith-
    51  standing  any other provision of law, all revenues collected pursuant to
    52  this section shall be credited to the  lupus  education  and  prevention
    53  fund  and  shall  be  used only for those purposes enumerated in section
    54  ninety-seven-llll of the state finance law.
    55    § 5. The tax law is amended by adding a new section 630-c to  read  as
    56  follows:


        A. 1842                             3
 
     1    § 630-c. Gift for lupus education and prevention. An individual in any
     2  taxable  year  may  elect  to  contribute  to  the  lupus  education and
     3  prevention fund. Such contribution shall be in any whole  dollar  amount
     4  and  shall  not  reduce the amount of state tax owed by such individual.
     5  The  commissioner  shall include space on the personal income tax return
     6  to enable a taxpayer to  make  such  contribution.  Notwithstanding  any
     7  other  provision  of law all revenues collected pursuant to this section
     8  shall be credited to the lupus education and prevention  fund  and  used
     9  only  for  those purposes enumerated in section ninety-seven-llll of the
    10  state finance law.

    11    § 6. The state finance law is amended by adding a new section  97-llll
    12  to read as follows:
    13    §  97-llll.  Lupus  education  and prevention fund. 1. There is hereby
    14  established in the joint custody of the  commissioner  of  taxation  and
    15  finance  and  the  comptroller, a special fund to be known as the "lupus
    16  education and prevention fund".
    17    2. Such fund shall consist of all revenues received by the  department
    18  of  taxation  and  finance,  pursuant  to  the provisions of section two
    19  hundred nine-H and section six hundred thirty-c of the tax law, and  all
    20  other  moneys  appropriated,  credited  or  transferred thereto from any
    21  other fund or source pursuant to law. Nothing contained in this  section

    22  shall prevent the state from receiving grants, gifts or bequests for the
    23  purposes of the fund as defined in this section and depositing them into
    24  the fund according to law.
    25    3.  Monies  of the fund shall be expended only for lupus education and
    26  prevention projects. As used  in  this  section,  "lupus  education  and
    27  prevention  projects"  means  educational projects, including grants for
    28  lupus education and prevention  programs,  which  are  approved  by  the
    29  department of health.
    30    4.  Monies  shall be payable from the fund on the audit and warrant of
    31  the comptroller on vouchers approved and certified by  the  commissioner
    32  of health.
    33    5.  To the extent practicable, the commissioner of health shall ensure

    34  that all monies received during a fiscal year are expended prior to  the
    35  end of that fiscal year.
    36    §  7.  This act shall take effect on the three hundred sixty-fifth day
    37  after it shall have become a law.
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