S T A T E   O F   N E W   Y O R K
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                                  8434

                          I N  A S S E M B L Y

                            January 15, 2014
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the state finance law,  the  tax  law,  and  the  public
  health  law, in relation to the approval of the disposition of the New
  York state prostate cancer research, detection and education fund

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

  Section  1. Section 95-e of the state finance law, as added by chapter
273 of the laws of 2004 and subdivision 2 as amended  by  section  1  of
part A of chapter 58 of the laws of 2004, is amended to read as follows:
  [S  95-e.]  S 95-H. New York state prostate cancer research, detection
and education fund. 1. There is hereby established in the joint  custody
of  the  commissioner  of  taxation  and  finance and the comptroller, a
special fund to  be  known  as  the  "New  York  state  prostate  cancer
research, detection and education fund".
  2.  Such  fund  shall consist of all revenues received pursuant to the
provisions of sections two hundred nine-E and six hundred thirty of  the
tax  law, all revenues received pursuant to appropriations by the legis-
lature, and all moneys appropriated, credited,  or  transferred  thereto
from  any  other  fund  or source pursuant to law. For each state fiscal
year, there shall be appropriated to the fund by the state, in  addition
to  all  other moneys required to be deposited into such fund, an amount
equal to the amounts of monies collected and  deposited  into  the  fund
pursuant  to  sections  [two  hundred nine-e] TWO HUNDRED NINE-E and six
hundred thirty of the tax law during the  preceding  calendar  year,  as
certified by the comptroller. Nothing contained herein shall prevent the
state  from  receiving grants, gifts or bequests for the purposes of the
fund as defined in this  section  and  depositing  them  into  the  fund
according  to law. Any interest received by the comptroller on moneys on
deposit in such fund shall be retained in and become part of such fund.
  3. [Moneys] TEN PERCENT of the fund shall be expended [only to provide
grants to the New York State Coalition to Cure Prostate Cancer,  a  not-
for-profit  corporation  established in this state which is incorporated
for the purpose of advancing and  financing  prostate  cancer  research,

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

                                                           LBD11969-06-4

A. 8434                             2

detection  and  education projects.   To the extent practicable, the New
York State Coalition to Cure Prostate Cancer shall cooperate and coordi-
nate its efforts with the prostate and testicular cancer  detection  and
education  advisory  council established pursuant to section twenty-four
hundred sixteen of the public health law] TO CANCER  CENTERS  DESIGNATED
AS  COMPREHENSIVE  BY THE NATIONAL INSTITUTES OF HEALTH OPERATING IN THE
STATE FOR EDUCATION, ADVERTISING AND  OUTREACH  ON  ISSUES  RELATING  TO
PROSTATE  AND  TESTICULAR  CANCER.  NINETY  PERCENT OF THE FUND SHALL BE
ALLOCATED TO CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY THE  NATIONAL
INSTITUTES  OF HEALTH OPERATING IN THE STATE FOR PROSTATE AND TESTICULAR
CANCER RESEARCH.  FUNDS  SHALL  BE  ALLOCATED  EVENLY  AMONG  THE  THREE
NATIONAL CANCER INSTITUTES OPERATING IN THE STATE.
  4.    THERE  SHALL  BE A COMMITTEE CONSISTING OF ONE REPRESENTATIVE OF
EACH OF THE CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY  THE  NATIONAL
INSTITUTES  OF  HEALTH  OPERATING  IN  THE STATE AND THE COMMISSIONER OF
HEALTH, OR HIS OR HER DESIGNEE,  TO  MAKE  RECOMMENDATIONS  AND  APPROVE
APPROPRIATE  USE  OF  THE  NEW  YORK  STATE  PROSTATE  CANCER  RESEARCH,
DETECTION AND EDUCATION FUND AS ALLOCATED PURSUANT TO SUBDIVISION  THREE
OF THIS SECTION.
  5.  FIFTY  PERCENT  OF ACCUMULATED MONEY OF THE FUND THAT HAS NOT BEEN
SPENT SHALL BE DISBURSED TO THE CANCER CENTERS DESIGNATED AS  COMPREHEN-
SIVE  BY THE NATIONAL INSTITUTES OF HEALTH OPERATING IN THE STATE PURSU-
ANT TO THIS SECTION IN THE FISCAL YEAR IMMEDIATELY FOLLOWING THE  EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN THAT ADDED
THIS  SUBDIVISION.   THE REMAINING FIFTY PERCENT SHALL BE DISTRIBUTED IN
THE FOLLOWING FISCAL YEAR.
  6. ALL FUNDS COLLECTED IN A FISCAL YEAR  SHALL  BE  ALLOCATED  TO  THE
CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY THE NATIONAL INSTITUTES OF
HEALTH IN THE FOLLOWING FISCAL YEAR.
  7.  On  or before the first day of February each year, the comptroller
shall certify to the governor, temporary president of the senate, speak-
er of the assembly, chair of the senate finance committee and  chair  of
the  assembly ways and means committee, the amount of money deposited by
source in the New York state prostate  cancer  research,  detection  and
education  and  treatment fund during the preceding calendar year as the
result of revenue derived pursuant to sections two  hundred  nine-E  and
six hundred thirty of the tax law and from all other sources.
  [5.]  8.  As  a  condition of receiving grants from the fund, the [New
York State Coalition To Cure Prostate Cancer shall agree to  issue  and]
CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY THE NATIONAL INSTITUTES OF
HEALTH  OPERATING  IN THE STATE RECEIVING FUNDS PURSUANT TO THIS SECTION
shall issue, on or before the first day of February each year, a  report
including,  but  not limited to, financial statements, financial reports
and reports on the issuance of grants. SUCH REPORTS SHALL SET  FORTH  AN
ACCOUNTING  OF  HOW  SUCH  FUNDS  WERE  UTILIZED  AND THE RESULTS OF ANY
RESEARCH UNDERTAKEN WITH FUNDS RECEIVED PURSUANT TO THIS  SECTION.  Such
reports  shall be delivered to the governor and the chairs of the senate
finance committee and the assembly ways  and  means  committee  AND  THE
COMMISSIONER  OF  THE DEPARTMENT OF HEALTH and shall also be made avail-
able to the public.   Such financial statements  and  reports  shall  be
audited by a nationally recognized accounting firm.
  [6.]  9.  THE  COMMITTEE  REQUIRED BY SUBDIVISION FOUR OF THIS SECTION
SHALL REPORT TO THE GOVERNOR  AND  THE  CHAIRS  OF  THE  SENATE  FINANCE
COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE COMMISSIONER
OF  THE DEPARTMENT OF HEALTH ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH
YEAR ON THE ALLOCATION OF THE FUND.

A. 8434                             3

  10. Moneys shall be payable from the  fund  [to  the  New  York  State
Coalition to Cure Prostate Cancer] on the audit and warrant of the comp-
troller on vouchers approved by the comptroller.
  S 2. Section 209-E of the tax law, as added by chapter 273 of the laws
of 2004, is amended to read as follows:
  S  209-E.  Gift for prostate cancer research, detection and education.
Effective for any tax year commencing on or  after  January  first,  two
thousand four, a taxpayer in any taxable year may elect to contribute to
the  support  of  the New York state prostate cancer research, detection
and education fund. Such contribution  shall  be  in  any  whole  dollar
amount  and  shall  not  reduce the amount of the state tax owed by such
taxpayer. The commissioner shall include space on the  corporate  income
tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
standing any other provision of law, all revenues collected pursuant  to
this  section  shall  be  credited to the New York state prostate cancer
research, detection and education fund and shall be used only for  those
purposes  enumerated  in  section  [ninety-five-e]  NINETY-FIVE-H of the
state finance law.
  S 3. Section 630 of the tax law, as added by chapter 273 of  the  laws
of 2004, is amended to read as follows:
  S  630.  Gift  for  prostate cancer research, detection and education.
Effective for any tax year commencing on or  after  January  first,  two
thousand four, an individual in any taxable year may elect to contribute
to  the New York state prostate cancer research, detection and education
fund. Such contribution shall be in any whole dollar  amount  and  shall
not  reduce the amount of state tax owed by such individual. The commis-
sioner shall include space on the personal income tax return to enable a
taxpayer to make such contribution. Notwithstanding any other  provision
of law all revenues collected pursuant to this section shall be credited
to  the New York state prostate cancer research, detection and education
fund and used only for those purposes  enumerated  in  section  [ninety-
five-e] NINETY-FIVE-H of the state finance law.
  S 4. The opening paragraphs of paragraphs (c) and (k) of subdivision 1
of  section  2807-v of the public health law, as amended by section 8 of
part C of chapter 59 of the  laws  of  2011,  are  amended  to  read  as
follows:
  Funds shall be deposited by the commissioner, within amounts appropri-
ated,  and  the  state  comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue  funds  -
other,  HCRA  transfer fund, enhanced community services account, or any
successor fund or account, for mental health services programs for  case
management services for adults and children; supported housing; home and
community  based waiver services; family based treatment; family support
services; mobile mental health teams; transitional housing; and communi-
ty oversight, established pursuant to articles seven  and  forty-one  of
the  mental  hygiene  law  and subdivision nine of section three hundred
sixty-six of the social services law; and for comprehensive care centers
for eating disorders pursuant to the former section twenty-seven hundred
ninety-nine-l of this chapter, provided however that, for such  centers,
funds  in  the  amount of five hundred thousand dollars on an annualized
basis shall be transferred from the enhanced community services account,
or any successor fund or account, and deposited  into  the  fund  estab-
lished  by  section  [ninety-five-e]  NINETY-FIVE-H of the state finance
law; from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:

A. 8434                             4

  Funds shall be deposited by the commissioner, within amounts appropri-
ated, and the state comptroller is hereby  authorized  and  directed  to
receive  for  deposit  to the credit of the state special revenue fund -
other, HCRA transfer fund, health care services account, or any  succes-
sor  fund  or  account, for purposes of services and expenses related to
public health programs, including comprehensive care centers for  eating
disorders  pursuant  to  the former section twenty-seven hundred ninety-
nine-l of this chapter, provided however that, for such  centers,  funds
in  the  amount  of five hundred thousand dollars on an annualized basis
shall be transferred from the  health  care  services  account,  or  any
successor  fund  or  account, and deposited into the fund established by
section [ninety-five-e] NINETY-FIVE-H of the state finance law for peri-
ods prior to March thirty-first, two thousand eleven, from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts:
  S 5. This act shall take effect immediately.