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A02788 Summary:

BILL NOA02788B
 
SAME ASSAME AS S05489-B
 
SPONSORPeoples-Stokes
 
COSPNSRBrindisi, Titone, Thiele, McDonald, Sepulveda
 
MLTSPNSREnglebright
 
Add 209-L & 630-f, Tax L; add 97-rrrr, 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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A02788 Actions:

BILL NOA02788B
 
01/23/2017referred to ways and means
05/18/2017amend and recommit to ways and means
05/18/2017print number 2788a
06/05/2017reported referred to rules
06/07/2017reported
06/07/2017rules report cal.88
06/07/2017ordered to third reading rules cal.88
06/08/2017passed assembly
06/08/2017delivered to senate
06/08/2017REFERRED TO RULES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.221
02/05/2018amended on third reading 2788b
03/19/2018passed assembly
03/19/2018delivered to senate
03/19/2018REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/14/2018SUBSTITUTED FOR S5489B
06/14/20183RD READING CAL.1788
06/14/2018PASSED SENATE
06/14/2018RETURNED TO ASSEMBLY
09/19/2018delivered to governor
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A02788 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2788B
 
SPONSOR: Peoples-Stokes
  TITLE OF BILL: An act to amend 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 PROVISIONS: Section 1 describes the legislative intent of the debilitating autoim- mune disease called Lupus. Section 2 and Section 3 add new sections, 209-1 and 630-f 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 4 adds a new section, 97-rrrr, to the state finance law, to establish the lupus education and prevention fund under the joint custody of the commission- er 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. The Commissioner of Health is required to provide a written report to the Temporary President of the Senate, the Speaker of the Assembly, the Chair of the Senate Finance Committee, the Chair of the Ways and Means Committee, the Chair of the Senate Committee on Health, the Chair of the Assembly Health Committee, the New York State Comp- troller, and the public, regarding the finances of the "Lupus Education and Prevention Fund" established pursuant to this bill.The report must include the amount of money disbursed from the fund and the award proc- ess used for such disbursements, the recipients of awards from the fund, the amount awarded to each, the purposes for which such awards were granted, and a summary financial plan for such monies which shall include estimates of all receipts and all disbursements for the current and succeeding fiscal years, along with the actual results from the prior fiscal year.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Technical corrections.   JUSTIFICATION: Lupus 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.   PRIOR LEGISLATIVE HISTORY: A.8466A of 2014; A.2581A of 2015/2016.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
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A02788 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2788--B
                                                                Cal. No. 221
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced  by  M. of A. PEOPLES-STOKES, BRINDISI, TITONE, THIELE, McDO-
          NALD, SEPULVEDA -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT --  read
          once  and  referred  to  the  Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- ordered to a third reading, amended  and  ordered
          reprinted, retaining its place on the order of third reading
 
        AN  ACT  to  amend 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) 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03211-05-8

        A. 2788--B                          2
 
     1  treatments  for  the disease can be effective, they can lead to damaging
     2  side effects.
     3    (e)  The  pain and fatigue associated with lupus can threaten people's
     4  ability to live independently, make it difficult to maintain  employment
     5  and  lead normal lives, and one in five people with lupus is disabled by
     6  the disease, and consequently receives support from government programs,
     7  including Medicare, Medicaid, social  security  disability,  and  social
     8  security supplemental income.
     9    (f)  The  estimated  average  annual  cost of medical treatment for an
    10  individual with lupus can range between ten thousand dollars and  thirty
    11  thousand  dollars;  for  people who have the most serious form of lupus,
    12  medical costs can greatly exceed  this  amount,  causing  a  significant
    13  economic, emotional and social burden to the entire family and society.
    14    (g)  More than half of the people with lupus suffer four or more years
    15  and visit three or more  physicians  before  obtaining  a  diagnosis  of
    16  lupus;  early  diagnosis  of and commencement of treatment for lupus can
    17  prevent or reduce serious organ damage, disability, and death.
    18    (h) Despite the magnitude of lupus and its impact on  individuals  and
    19  families,  health professional and public understanding of lupus remains
    20  low; only one of five Americans can provide even basic information about
    21  lupus, and awareness of lupus is lowest among adults  ages  eighteen  to
    22  thirty-four -- the age group most likely to develop symptoms of lupus.
    23    (i)  Lupus  is  a  significant  national  health issue that deserves a
    24  comprehensive and coordinated response by state and federal  governments
    25  with involvement of the health care provider, patient, and public health
    26  communities.
    27    §  2.  The tax law is amended by adding a new section 209-L to read as
    28  follows:
    29    § 209-L. Gift for lupus education and prevention. A  taxpayer  in  any
    30  taxable  year may elect to contribute to the support of the lupus educa-
    31  tion and prevention fund. Such contribution shall be in any whole dollar
    32  amount and shall not reduce the amount of the state  tax  owed  by  such
    33  taxpayer.  The  commissioner shall include space on the corporate income
    34  tax return to enable a taxpayer to make  such  contribution.    Notwith-
    35  standing  any other provision of law, all revenues collected pursuant to
    36  this section shall be credited to the  lupus  education  and  prevention
    37  fund  and  shall  be  used only for those purposes enumerated in section
    38  ninety-seven-rrrr of the state finance law.
    39    § 3. The tax law is amended by adding a new section 630-f to  read  as
    40  follows:
    41    § 630-f. Gift for lupus education and prevention. An individual in any
    42  taxable  year  may  elect  to  contribute  to  the  lupus  education and
    43  prevention fund. Such contribution shall be in any whole  dollar  amount
    44  and  shall  not  reduce the amount of state tax owed by such individual.
    45  The commissioner shall include space on the personal income  tax  return
    46  to  enable  a  taxpayer  to  make such contribution. Notwithstanding any
    47  other provision of law all revenues collected pursuant to  this  section
    48  shall  be  credited  to the lupus education and prevention fund and used
    49  only for those purposes enumerated in section ninety-seven-rrrr  of  the
    50  state finance law.
    51    §  4. The state finance law is amended by adding a new section 97-rrrr
    52  to read as follows:
    53    § 97-rrrr. Lupus education and prevention fund.  1.  There  is  hereby
    54  established  in  the  joint  custody of the commissioner of taxation and
    55  finance and the comptroller, a special fund to be known  as  the  "lupus
    56  education and prevention fund".

        A. 2788--B                          3
 
     1    2.  Such fund shall consist of all revenues received by the department
     2  of taxation and finance, pursuant  to  the  provisions  of  section  two
     3  hundred  nine-L and section six hundred thirty-f of the tax law, and all
     4  other moneys appropriated, credited  or  transferred  thereto  from  any
     5  other  fund or source pursuant to law. Nothing contained in this section
     6  shall prevent the state from receiving grants, gifts or bequests for the
     7  purposes of the fund as defined in this section and depositing them into
     8  the fund according to law.
     9    3. Monies of the fund shall be expended only for lupus  education  and
    10  prevention  projects.  As  used  in  this  section, "lupus education and
    11  prevention projects" means educational projects,  including  grants  for
    12  lupus  education  and  prevention  programs,  which  are approved by the
    13  department of health.
    14    4. Monies shall be payable from the fund on the audit and  warrant  of
    15  the  comptroller  on vouchers approved and certified by the commissioner
    16  of health.
    17    5. To the extent practicable, the commissioner of health shall  ensure
    18  that  all monies received during a fiscal year are expended prior to the
    19  end of that fiscal year.
    20    6. On or before the first day of February each year, the  commissioner
    21  of  health  shall provide a written report to the temporary president of
    22  the senate, speaker of the assembly, chair of the senate finance commit-
    23  tee, chair of the assembly ways and means committee, chair of the senate
    24  committee on health, chair of the assembly health committee,  the  state
    25  comptroller and the public.  Such report shall include how the monies of
    26  the  fund  were  utilized  during the preceding calendar year, and shall
    27  include:
    28    (a) the amount of money disbursed from the fund and the award  process
    29  used for such disbursements;
    30    (b) recipients of awards from the fund;
    31    (c) the amount awarded to each;
    32    (d) the purposes for which such awards were granted; and
    33    (e) a summary financial plan for such monies which shall include esti-
    34  mates of all receipts and all disbursements for the current and succeed-
    35  ing  fiscal  years,  along with the actual results from the prior fiscal
    36  year.
    37    § 5. This act shall take effect immediately.
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