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

                                  5752

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by  M. of A. McKEVITT, GRAF -- read once and referred to the
  Committee 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.
                                                           LBD03968-01-3

              

A. 5752                             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.