NY State Senate Bill 2021-S8275

Senate Bill S8275

2021-2022 Legislative Session

Creates the lymphedema and lymphatic diseases research grants program and creates the lymphatic disease research and education fund

download bill text pdf

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2022	referred to internet and technology

2021-S8275 (ACTIVE) - Details

See Assembly Version of this Bill:: A9346
Current Committee:: Senate Internet And Technology
Law Section:: Public Authorities Law
Laws Affected:: Add §3153-a, Pub Auth L; add §99-oo, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2585
2011-2012: S882
2013-2014: S3072, A8456
2015-2016: S1058, A230
2017-2018: S5063, A432
2019-2020: S4193, A1021
2023-2024: A1677

2021-S8275 (ACTIVE) - Summary

Creates the lymphedema and lymphatic diseases research grants program; provides such grants, not to exceed $50,000, would be awarded on a competitive basis to biomedical research institutions conducting direct research related to lymphedema and lymphatic disease.

2021-S8275 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8275

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to establishing
a lymphedema and lymphatic diseases research grants program; and to
amend the state finance law, in relation to creating the lymphedema and
lymphatic diseases research and education fund

 
PURPOSE:

This bill establishes a lymphedema and lymphatic disease research grants
program. Grants, not to exceed fifty thousand dollars, would be awarded
on a competitive basis to biomedical research institutions that are
conducting direct research related to lymphedema and lymphatic disease.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the public authorities law by adding a new section
3153-A.

Section two amends state finance law by adding a new section 99-ii.

Section three sets forth the effective date.

 
JUSTIFICATION:

This legislation would establish the lymphedema and lymphatic disease
research grants program. Grants, not to exceed fifty thousand dollars,
would be awarded on a competitive basis to biomedical research insti-
tutions that are conducting direct research related to lymphedema and
lymphatic disease.

Lymphedema is an accumulation of lymphatic fluid in the interstitial
tissue that causes swelling, most often in the annex) or legs), and
occasionally in other parts of the body. Lymphedema can develop when
lymphatic vessels are missing" or impaired (primary), or when lymph
vessels are damaged or lymph nodes removed (secondary). Radiation thera-
py, used in the treatment of various cancers and some AIDS-related
diseases can damage otherwise healthy lymph nodes and vessels causing
scar tissue to form which interrupts the normal flow of the lymphatic
fluid.

Moreover, untreated, lymphedema can lead to a decrease or loss of, func-
tioning of the Limbs, skin breakdown, and chronic infections. In the
most severe cases, untreated lymphedema can develop into a rare form of
lymphatic cancer. This legislation would provide needed funding to those
involved in direct research of lymphedema or lymphatic diseases. These
diseases are far more common than society notes; however, funding for
research has historically not kept pace with the dramatically growing
need for it.

 
LEGISLATIVE HISTORY:

2021 - vetoed

2019-20: A.1021 - Reported to Ways and Means; S.4193 - Referred to
Internet and Technology
2017-18: A.432 - Reported to Ways and Means; S.5063 - Committed to Rules
2015-16: A.230 - Vetoed; S.1058 - Vetoed

2013-14: A.8456 - Passed Assembly; S3072-A -Referred to Commerce,
Economic Development and Small Business

 
FISCAL IMPLICATIONS:

Subject available to available appropriations.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2021-S8275 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8275
 
                             I N  S E N A T E
 
                             February 8, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the public authorities law, in relation to  establishing
   a  lymphedema  and  lymphatic diseases research grants program; and to
   amend the state finance law, in relation to  creating  the  lymphedema
   and lymphatic diseases research and education fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 3153-a to read as follows:
   §  3153-A.  LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH GRANTS PROGRAM.
 1. THE FOUNDATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, ESTABLISH  THE
 LYMPHEDEMA  AND  LYMPHATIC  DISEASES  RESEARCH GRANTS PROGRAM, HEREAFTER
 "GRANTS PROGRAM". THE GRANTS PROGRAM SHALL BE ADMINISTERED BY THE  FOUN-
 DATION,  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF HEALTH. SUCH GRANTS
 PROGRAM FUNDS SHALL BE USED TO PROVIDE FINANCIAL ASSISTANCE IN THE  FORM
 OF  GRANTS,  NOT TO EXCEED FIFTY THOUSAND DOLLARS PER GRANT, TO NEW YORK
 STATE BIOMEDICAL RESEARCH INSTITUTIONS FOR WORKING  CAPITAL  TO  FURTHER
 NEW  AND  EMERGING RESEARCH AND DEVELOPMENT FOR THE DIAGNOSIS AND TREAT-
 MENT OF LYMPHEDEMA AND LYMPHATIC DISEASES. SUCH GRANTS SHALL BE  AWARDED
 ON A COMPETITIVE BASIS TO BIOMEDICAL RESEARCH INSTITUTIONS RESPONDING TO
 REQUESTS FOR PROPOSALS ISSUED BY THE FOUNDATION WHEN FUNDS ARE APPROPRI-
 ATED.
   2.  (A)  "BIOMEDICAL RESEARCH INSTITUTION" SHALL MEAN A NOT-FOR-PROFIT
 UNIVERSITY, COLLEGE, HOSPITAL, PRIVATE OR  FEDERAL  RESEARCH  LABORATORY
 LOCATED  IN  NEW  YORK  STATE,  OR  A  CONSORTIUM OF SUCH ENTITIES, THAT
 CONDUCTS AN INTENSIVE AND ONGOING PROGRAM OF  RESEARCH  AND  DEVELOPMENT
 DIRECTLY RELATED TO LYMPHEDEMA AND/OR LYMPHATIC DISEASES RESEARCH.
   (B)  "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN THE
 INTERSTITIAL TISSUE THAT CAUSES SWELLING, MOST OFTEN IN THE ARMS  AND/OR
 LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, FROM ANY CAUSE.
   (C)  "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:  INSUF-
 FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION  (TO  INCLUDE  ALL  FORMS  OF
 LYMPHEDEMA),  LIPEDEMA,  COMPLEX  CONGENITAL  DISEASES  OF THE LYMPHATIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00469-03-2
 S. 8275                             2
 
 VASCULATURE,  INCLUDING  LYMPHANGIOMATOSIS,   LYMPHANGIOLEIO-MYOMATOSIS,
 LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
 LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
   3.  IN  ADDITION TO SUCH OTHER CRITERIA AS THE FOUNDATION MAY ADOPT IN
 RULES AND REGULATIONS FOR THE CONSIDERATION OF APPLICATIONS  FOR  GRANTS
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FOUNDATION SHALL:
   (A)  DETERMINE THAT THE APPLICANT IS UNABLE TO OBTAIN SUFFICIENT FUND-
 ING ON REASONABLE TERMS FROM OTHER PUBLIC OR PRIVATE SOURCES  TO  PERMIT
 THE  INSTITUTION'S  PLANNED  INVESTMENT  TO PROCEED WITHOUT THE REQUIRED
 ASSISTANCE;
   (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL
 RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR RESEARCH OR COMMIT
 NEW RESOURCES TO THE EXPANSION  OF  LYMPHEDEMA  AND  LYMPHATIC  DISEASES
 RESEARCH; AND
   (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF
 AWARDING  THE  SPECIFIC  GRANT  AND  WHETHER  THE GRANT WILL RESULT IN A
 REASONABLE LIKELIHOOD OF SUCCESS IN MEETING THE PURPOSES  FOR  WHICH  IT
 WAS SOUGHT BY THE APPLICANT.
   4.  THE FOUNDATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
 APPLY TO THE NATIONAL INSTITUTES OF HEALTH, THE UNITED STATES DEPARTMENT
 OF HEALTH AND HUMAN SERVICES, AND OTHER APPROPRIATE FEDERAL, PUBLIC, AND
 PRIVATE ENTITIES FOR FUNDING. SUCH MONIES SHALL BE  DEPOSITED  INTO  THE
 LYMPHEDEMA  AND  LYMPHATIC  DISEASES RESEARCH AND EDUCATION FUND, ESTAB-
 LISHED PURSUANT TO SECTION NINETY-NINE-OO OF THE STATE FINANCE LAW.
   5. THE FOUNDATION SHALL SUBMIT TO THE GOVERNOR,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE TEMPORARY PRESIDENT OF THE SENATE, AND TO ANY OTHER STATE
 LEGISLATOR AT HIS OR HER REQUEST, A REPORT  ON  THE  GRANTS  PROGRAM  BY
 SEPTEMBER  FIRST, TWO THOUSAND TWENTY-FOUR AND ANNUALLY THEREAFTER. SUCH
 REPORT SHALL INCLUDE, FOR EACH GRANT AWARDED, THE NAME AND  LOCATION  OF
 THE  RECIPIENT,  A DESCRIPTION OF THE PRODUCT, DEVICE, TECHNIQUE, SYSTEM
 OR PROCESS BEING RESEARCHED AND DEVELOPED, THE RECIPIENT'S  RELATIONSHIP
 TO  THE RESEARCH INSTITUTION, THE AMOUNT AND USE OF THE GRANT, THE TOTAL
 PROJECT COST, AND SUCH OTHER INFORMATION AS THE  FOUNDATION  SHALL  DEEM
 APPROPRIATE. SUCH REPORT SHALL ALSO INCLUDE A LIST OF ALL APPLICANTS AND
 THEIR  CONTACT INFORMATION, REGARDLESS OF RECEIVING A GRANT, IN ORDER TO
 HELP DEMONSTRATE THE NEED FOR FUTURE FUNDS.
   6. NOTHING IN THIS SECTION SHALL REQUIRE THE  FOUNDATION  TO  DISCLOSE
 ANY  MATTERS  INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR WORK PROD-
 UCT, WHETHER PATENTABLE OR NOT, INCLUDING ANY  FORMULA,  PLAN,  PATTERN,
 PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI-
 LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO
 CERTAIN  INDIVIDUALS  WHO ARE USING IT TO FABRICATE, PRODUCE OR COMPOUND
 AN ARTICLE OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND  WHICH  GIVES
 ITS  USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER COMPETITORS
 WHO DO NOT KNOW IT OR USE IT.
   § 2. The state finance law is amended by adding a new section 99-oo to
 read as follows:
   § 99-OO. LYMPHEDEMA AND  LYMPHATIC  DISEASES  RESEARCH  AND  EDUCATION
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
 SIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE
 KNOWN  AS  THE  LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION
 FUND, HEREAFTER THE "FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONIES  APPROPRIATED,  CREDITED,  OR
 TRANSFERRED  THERETO  FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW.
 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
 S. 8275                             3
 
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LYMPHEDEMA AND LYMP-
 HATIC DISEASES RESEARCH AND EDUCATION PROJECTS APPROVED BY  THE  DEPART-
 MENT OF HEALTH.
   4.  (A)  "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN
 THE INTERSTITIAL TISSUE THAT CAUSES SWELLING, MOST  OFTEN  IN  THE  ARMS
 AND/OR  LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, REGARDLESS OF
 CAUSE.
   (B) "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:   INSUF-
 FICIENCY  OF  LYMPHATIC  CIRCULATORY  FUNCTION  (TO INCLUDE ALL FORMS OF
 LYMPHEDEMA), LIPEDEMA, COMPLEX  CONGENITAL  DISEASES  OF  THE  LYMPHATIC
 VASCULATURE,   INCLUDING  LYMPHANGIOMATOSIS,  LYMPHANGIOLEIO-MYOMATOSIS,
 LYMPHANGIECTASIAS, LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S  DISEASE,
 LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
   (C)   "LYMPHEDEMA   AND  LYMPHATIC  DISEASES  RESEARCH  AND  EDUCATION
 PROJECTS" SHALL MEAN RESEARCH BY QUALIFIED RESEARCHERS, AS DETERMINED BY
 THE DEPARTMENT OF HEALTH, TO STIMULATE RESEARCH ON THE PATHOGENESIS  AND
 NEW TREATMENTS FOR LYMPHEDEMA AND LYMPHATIC DISEASES. EDUCATION PROJECTS
 ARE  THOSE  PROJECTS WHICH PROMOTE AND PROVIDE INFORMATION ON LYMPHEDEMA
 AND LYMPHATIC DISEASES INCLUDING:    PREVENTION,  DIAGNOSIS,  TREATMENT,
 LONG-TERM  CHRONIC  CARE,  AND/OR RESEARCH BY QUALIFIED ORGANIZATIONS AS
 DETERMINED BY THE DEPARTMENT OF HEALTH.
   5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
   6. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
 THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   § 3. This act shall take effect immediately.

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