STATE OF NEW YORK ________________________________________________________________________ 4237 2017-2018 Regular Sessions IN SENATE February 6, 2017 ___________ Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the state finance law, the tax law and the vehicle and traffic law, in relation to ovarian cancer research The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of paragraph (b) and paragraph (d) of 2 subdivision 1 of section 2410 of the public health law, the opening 3 paragraph of paragraph (b) as added and paragraph (d) as amended by 4 chapter 32 of the laws of 2008, are amended to read as follows: 5 the governor shall appoint six regional members, three of whom shall 6 serve as full voting members and three of whom shall serve as alterna- 7 tive members without voting rights. Such regional members shall be 8 persons who have or have had breast or ovarian cancer, and shall be 9 actively involved with a community-based, grass-roots breast or ovarian 10 cancer organization. Two of such appointments shall be made upon the 11 recommendation of the temporary president of the senate and two shall be 12 made upon the recommendation of the speaker of the assembly. One 13 regional member shall be appointed from each of the following geographic 14 areas of the state: Long Island, New York City, the Hudson Valley, 15 Northern New York, Central New York and Western New York. The order of 16 appointments and recommendations for appointments and voting rights 17 shall rotate as follows: 18 (d) the governor shall appoint one voting member who shall be a person 19 who has or has survived breast or ovarian cancer and one voting member 20 who shall be a person who has or has survived prostate or testicular 21 cancer. 22 The governor shall designate the chair of the board. The governor, 23 temporary president of the senate, minority leader of the senate, speak- 24 er of the assembly, and minority leader of the assembly may solicit 25 recommendations from the Centers for Disease Control and Prevention, the 26 National Institutes of Health, the Federal Agency For Health Care Policy EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09275-01-7

S. 4237 2 1 and Research, and the National Academy of Sciences for appointments or 2 recommendations for appointments to the board. 3 § 2. Paragraphs (a), (b), (c), (e) and (h) of subdivision 1 of section 4 2411 of the public health law, as amended by section 5 of part A of 5 chapter 60 of the laws of 2014, are amended to read as follows: 6 (a) Survey state agencies, boards, programs and other state govern- 7 mental entities to assess what, if any, relevant data has been or is 8 being collected which may be of use to researchers engaged in breast or 9 ovarian cancer research; 10 (b) Consistent with the survey conducted pursuant to paragraph (a) of 11 this subdivision, compile a list of data collected by state agencies 12 which may be of assistance to researchers engaged in breast or ovarian 13 cancer research as established in section twenty-four hundred twelve of 14 this title; 15 (c) Consult with the Centers for Disease Control and Prevention, the 16 National Institutes of Health, the Federal Agency For Health Care Policy 17 and Research, the National Academy of Sciences and other organizations 18 or entities which may be involved in cancer research to solicit both 19 information regarding breast and ovarian cancer research projects that 20 are currently being conducted and recommendations for future research 21 projects; 22 (e) Solicit, receive, and review applications from public and private 23 agencies and organizations and qualified research institutions for 24 grants from the breast and ovarian cancer research and education fund, 25 created pursuant to section ninety-seven-yy of the state finance law, to 26 conduct research or educational programs which focus on the causes, 27 prevention, screening, treatment and cure of breast and ovarian cancer 28 and may include, but are not limited to mapping of breast and ovarian 29 cancer, and basic, behavioral, clinical, demographic, environmental, 30 epidemiologic and psychosocial research. The board shall make recommen- 31 dations to the commissioner, and the commissioner shall, in his or her 32 discretion, grant approval of applications for grants from those appli- 33 cations recommended by the board. The board shall consult with the 34 Centers for Disease Control and Prevention, the National Institutes of 35 Health, the Federal Agency For Health Care Policy and Research, the 36 National Academy of Sciences, breast cancer advocacy groups, and other 37 organizations or entities which may be involved in breast and ovarian 38 cancer research to solicit both information regarding breast and ovarian 39 cancer research projects that are currently being conducted and recom- 40 mendations for future research projects. As used in this section, "qual- 41 ified research institution" may include academic medical institutions, 42 state or local government agencies, public or private organizations 43 within this state, and any other institution approved by the department, 44 which is conducting a breast or ovarian cancer research project or 45 educational program. If a board member submits an application for a 46 grant from the breast and ovarian cancer research and education fund, he 47 or she shall be prohibited from reviewing and making a recommendation on 48 the application; 49 (h) Meet at least six times in the first year, at the request of the 50 chair and at any other time as the chair deems necessary. The board 51 shall meet at least two times a year and as needed thereafter. Provided, 52 however, that at least one such meeting a year shall be a public hear- 53 ing, at which the general public may question and present information 54 and comments to the board with respect to the operation of the health 55 research science board, the breast and ovarian cancer research and 56 education fund, and pesticide reporting established pursuant to sections

S. 4237 3 1 33-1205 and 33-1207 of the environmental conservation law. At such hear- 2 ing, the commissioner of the department of environmental conservation or 3 his or her designee shall make a report to the board with respect to the 4 efficiency and utility of pesticide reporting established pursuant to 5 sections 33-1205 and 33-1207 of the environmental conservation law. 6 Should the existing bylaws be amended by the board, any such amendments 7 shall be consistent with the revisions of this paragraph[;]. 8 § 3. Section 2412 of the public health law, as amended by chapter 219 9 of the laws of 1997, is amended to read as follows: 10 § 2412. Agency implementation. All state agencies, including, but not 11 limited to, the departments of agriculture and markets, environmental 12 conservation, and health, shall review their programs and operations 13 (pursuant to guidelines established by the board) to determine whether 14 they currently collect data which may be of use to researchers engaged 15 in breast, ovarian, prostate or testicular cancer research. Any agency 16 collecting such data shall forward a description of the data to the 17 health research science board. 18 § 4. Section 2413 of the public health law, as amended by section 5-a 19 of part A of chapter 60 of the laws of 2014, is amended to read as 20 follows: 21 § 2413. Biennial report. The commissioner shall submit a report on or 22 before January first commencing in nineteen hundred ninety-nine, and 23 biennially thereafter, to the governor, the temporary president of the 24 senate and the speaker of the assembly concerning the operation of the 25 health research science board. Such report shall include recommendations 26 from the health research science board including, but not limited to, 27 the types of data that would be useful for breast or ovarian cancer 28 researchers and whether private citizen use of residential pesticides 29 should be added to the reporting requirements. The report shall also 30 include a summary of research requests granted or denied. In addition, 31 such report shall include an evaluation by the commissioner, the commis- 32 sioner of the department of environmental conservation and the health 33 research science board of the basis, efficiency and scientific utility 34 of the information derived from pesticide reporting pursuant to sections 35 33-1205 and 33-1207 of the environmental conservation law and recommend 36 whether such system should be modified or continued. The report shall 37 include a summary of the comments and recommendations presented by the 38 public at the board's public hearings. 39 § 5. Section 97-yy of the state finance law, as added by chapter 279 40 of the laws of 1996, subdivisions 2 and 2-a as amended by chapter 385 of 41 the laws of 2007, and subdivision 2-b as amended by chapter 453 of the 42 laws of 2015, is amended to read as follows: 43 § 97-yy. Breast and ovarian cancer research and education fund. 1. 44 There is hereby established in the joint custody of the commissioner of 45 taxation and finance and the comptroller, a special fund to be known as 46 the "breast and ovarian cancer research and education fund". 47 2. Such fund shall consist of all revenues received by the department 48 of taxation and finance, pursuant to the provisions of section two 49 hundred nine-D and section six hundred twenty-seven of the tax law, all 50 moneys collected pursuant to section four hundred four-q of the vehicle 51 and traffic law, as added by chapter five hundred twenty-eight of the 52 laws of nineteen hundred ninety-nine, and all other moneys appropriated, 53 credited, or transferred thereto from any other fund or source pursuant 54 to law. For each state fiscal year, there shall be appropriated to the 55 fund by the state, in addition to all other moneys required to be depos- 56 ited into such fund, an amount equal to the amounts of monies collected

S. 4237 4 1 and deposited into the fund pursuant to sections two hundred nine-D and 2 six hundred twenty-seven of the tax law and section four hundred four-q 3 of the vehicle and traffic law, as added by chapter five hundred twen- 4 ty-eight of the laws of nineteen hundred ninety-nine, and the amounts of 5 moneys received and deposited into the fund from grants, gifts and 6 bequests during the preceding calendar year, as certified by the comp- 7 troller. Nothing contained herein shall prevent the state from receiving 8 grants, gifts or bequests for the purposes of the fund as defined in 9 this section and depositing them into the fund according to law. 10 2-a. On or before the first day of February each year, the comptroller 11 shall certify to the governor, temporary president of the senate, speak- 12 er of the assembly, chair of the senate finance committee and chair of 13 the assembly ways and means committee, the amount of money deposited in 14 the breast and ovarian cancer research and education fund during the 15 preceding calendar year as the result of revenue derived pursuant to 16 sections two hundred nine-D and six hundred twenty-seven of the tax law 17 and section four hundred four-q of the vehicle and traffic law, as added 18 by chapter five hundred twenty-eight of the laws of nineteen hundred 19 ninety-nine, and from grants, gifts and bequests. 20 2-b. On or before the first day of February each year, the commission- 21 er of health shall provide a written report to the temporary president 22 of the senate, speaker of the assembly, chair of the senate finance 23 committee, chair of the assembly ways and means committee, chair of the 24 senate committee on health, chair of the assembly health committee, the 25 state comptroller and the public. Such report shall include how the 26 monies of the fund were utilized during the preceding calendar year, and 27 shall include: 28 (i) the amount of money dispersed from the fund and the award process 29 used for such disbursements; 30 (ii) recipients of awards from the fund; 31 (iii) the amount awarded to each; 32 (iv) the purposes for which such awards were granted; and 33 (v) 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 3. Monies of the fund shall be expended only for breast and ovarian 38 cancer research and educational projects. As used in this section, 39 "breast and ovarian cancer research and education projects" means scien- 40 tific research or educational projects which, pursuant to section two 41 thousand four hundred eleven of the public health law, are approved by 42 the department of health, upon the recommendation of the health research 43 science board. 44 4. Monies shall be payable from the fund on the audit and warrant of 45 the comptroller on vouchers approved and certified by the commissioner 46 of health. 47 5. To the extent practicable, the commissioner of health shall ensure 48 that all monies received during a fiscal year are expended prior to the 49 end of that fiscal year. 50 § 6. Section 209-D of the tax law, as added by chapter 279 of the laws 51 of 1996, is amended to read as follows: 52 § 209-D. Gift for breast and ovarian cancer research and education. 53 Effective for any tax year commencing on or after January first, nine- 54 teen hundred ninety-six, a taxpayer in any taxable year may elect to 55 contribute to the support of the breast and ovarian cancer research and 56 education fund. Such contribution shall be in any whole dollar amount

S. 4237 5 1 and shall not reduce the amount of the state tax owed by such taxpayer. 2 The commissioner shall include space on the corporate income tax return 3 to enable a taxpayer to make such contribution. Notwithstanding any 4 other provision of law, all revenues collected pursuant to this section 5 shall be credited to the breast and ovarian cancer research and educa- 6 tion fund and shall be used only for those purposes enumerated in 7 section ninety-seven-yy of the state finance law. 8 § 7. Section 627 of the tax law, as added by chapter 279 of the laws 9 of 1996, is amended to read as follows: 10 § 627. Gift for breast and ovarian cancer research and education. 11 Effective for any tax year commencing on or after January first, nine- 12 teen hundred ninety-six, an individual in any taxable year may elect to 13 contribute to the breast and ovarian cancer research and education fund. 14 Such contribution shall be in any whole dollar amount and shall not 15 reduce the amount of state tax owed by such individual. The commissioner 16 shall include space on the personal income tax return to enable a 17 taxpayer to make such contribution. Notwithstanding any other provision 18 of law all revenues collected pursuant to this section shall be credited 19 to the breast and ovarian cancer research and education fund and used 20 only for those purposes enumerated in section ninety-seven-yy of the 21 state finance law. 22 § 8. Section 404-q of the vehicle and traffic law, as added by chapter 23 528 of the laws of 1999, subdivision 2 as amended by section 7-a of part 24 A of chapter 60 of the laws of 2014, is amended to read as follows: 25 § 404-q. Distinctive "drive for the cure" license plates. 1. Any 26 person residing in this state shall, upon request, be issued a distinc- 27 tive "drive for the cure" license plate in support of breast, ovarian, 28 prostate and testicular cancer research bearing the phrase "drive for 29 the cure". Application for said license plate shall be filed with the 30 commissioner in such form and detail as the commissioner shall 31 prescribe. 32 2. A distinctive "drive for the cure" license plate issued pursuant to 33 this section shall be issued in the same manner as other number plates 34 upon the payment of the regular registration fee prescribed by section 35 four hundred one of this article, provided, however, that an additional 36 annual service charge of twenty-five dollars shall be charged for such 37 plate. Twelve dollars and fifty cents from each twenty-five dollars 38 received as annual service charges under this section shall be deposited 39 to the credit of the breast and ovarian cancer research and education 40 fund established pursuant to section ninety-seven-yy of the state 41 finance law and shall be used for research and education programs under- 42 taken pursuant to section twenty-four hundred ten of the public health 43 law. Twelve dollars and fifty cents from each twenty-five dollars 44 received as annual service charges under this section shall be deposited 45 to the credit of the New York State prostate and testicular cancer 46 research and education fund established pursuant to section 47 ninety-five-e of the state finance law and shall be used for research 48 and education programs undertaken pursuant to section ninety-five-e of 49 the state finance law. Provided, however that one year after the effec- 50 tive date of this section funds in the amount of six thousand dollars, 51 or so much thereof as may be available, shall be allocated to the 52 department to offset costs associated with the production of such 53 license plates. 54 § 9. This act shall take effect on the sixtieth day after it shall 55 have become a law.

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