S T A T E   O F   N E W   Y O R K
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                                  7539

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
  tee on Health

AN  ACT  to  amend  the  public health law and the state finance law, in
  relation to the New York state tobacco settlement cancer research  and
  treatment program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
2424 to read as follows:
  S  2424.  NEW YORK STATE TOBACCO SETTLEMENT CANCER RESEARCH AND TREAT-
MENT PROGRAM. 1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT, THE
NEW YORK STATE TOBACCO SETTLEMENT CANCER RESEARCH AND TREATMENT PROGRAM.
THIS PROGRAM SHALL BE ESTABLISHED WITHIN THE ROSWELL PARK CANCER  INSTI-
TUTE.  THIS  PROGRAM  IS  ESTABLISHED  TO FUND THE CONTINUED RESEARCH OF
CANCER AND TO PROVIDE TREATMENT TO  THOSE  WHO  SUFFER  THE  EFFECTS  OF
TOBACCO USAGE. THIS PROGRAM SHALL BE FUNDED BY THE NEW YORK STATE TOBAC-
CO  SETTLEMENT  FUND  FOR  CANCER RESEARCH AND TREATMENT, ESTABLISHED BY
SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW.
  2. THE PROGRAM SHALL PROVIDE ANNUAL WRITTEN REPORTS TO THE COMMISSION-
ER ADDRESSING AND SUMMARIZING THE EXPERIENCES  OF  THE  PROGRAM  IN  ITS
QUEST FOR A CURE FOR CANCER AND IN THE NATURE OF THE TREATMENTS PROVIDED
UNDER  THE  PROGRAM.  SUCH  REPORT SHALL INCLUDE ANY RECOMMENDATIONS FOR
ADDITIONAL ACTION NECESSARY TO  CONTINUE  THE  ADVANCE  ON  A  CURE  FOR
CANCER.
  S  2. The state finance law is amended by adding a new section 95-h to
read as follows:
  S 95-H. NEW YORK STATE TOBACCO SETTLEMENT FUND FOR CANCER RESEARCH AND
TREATMENT. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY  OF  THE  STATE
COMPTROLLER  A  SPECIAL  FUND TO BE KNOWN AS THE "NEW YORK STATE TOBACCO
SETTLEMENT FUND FOR CANCER RESEARCH AND TREATMENT".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11404-01-1

              

A. 7539                             2

  2. SUCH FUND SHALL  CONSIST  OF  FIVE  PERCENT  OF  THE  GROSS  MONIES
RECEIVED  BY  THE  STATE  OF NEW YORK AS A RESULT OF ANY AND ALL TOBACCO
RELATED SETTLEMENTS, JUDGMENTS OR AWARDS IN WHICH THE STATE OF NEW  YORK
IS A NAMED PARTY, BENEFICIARY OR RECIPIENT.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE NEW YORK STATE TOBACCO
SETTLEMENT  CANCER  RESEARCH  AND  TREATMENT  PROGRAM  ESTABLISHED UNDER
SECTION TWENTY-FOUR HUNDRED TWENTY-FOUR OF THE PUBLIC HEALTH LAW.
  4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF  HEALTH,  OR  BY  AN  OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY SUCH COMMISSIONER.
  S 3. This act shall take effect immediately.   Effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.