A 6509: Relates to ovarian cancer research; requires biennial reporting on recommendations from the health research and science board on the types of data that would be useful for ovarian cancer researchers.

  
  STATE OF NEW YORK ________________________________________________________________________ 6509 2025-2026 Regular Sessions  IN ASSEMBLY March 5, 2025 ___________ Introduced by M. of A. SEPTIMO -- read once and referred to the Commit- tee 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 § 2. Paragraphs (a), (b), (c), (e) and (h) of subdivision 1 of section 23 2411 of the public health law, as amended by section 5 of part A of 24 chapter 60 of the laws of 2014, are amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07096-01-5 
 A. 6509 2 1 (a) Survey state agencies, boards, programs and other state govern- 2 mental entities to assess what, if any, relevant data has been or is 3 being collected which may be of use to researchers engaged in breast or 4 ovarian cancer research; 5 (b) Consistent with the survey conducted pursuant to paragraph (a) of 6 this subdivision, compile a list of data collected by state agencies 7 which may be of assistance to researchers engaged in breast or ovarian 8 cancer research as established in section twenty-four hundred twelve of 9 this title; 10 (c) Consult with the Centers for Disease Control and Prevention, the 11 National Institutes of Health, the Federal Agency For Health Care Policy 12 and Research, the National Academy of Sciences and other organizations 13 or entities which may be involved in cancer research to solicit both 14 information regarding breast or ovarian cancer research projects that 15 are currently being conducted and recommendations for future research 16 projects; 17 (e) Solicit, receive, and review applications from public and private 18 agencies and organizations and qualified research institutions for 19 grants from the breast and ovarian cancer research and education fund, 20 created pursuant to section ninety-seven-yy of the state finance law, to 21 conduct research or educational programs which focus on the causes, 22 prevention, screening, treatment and cure of breast and ovarian cancer 23 and may include, but are not limited to mapping of breast [cancer] and 24 ovarian cancers, and basic, behavioral, clinical, demographic, environ- 25 mental, epidemiologic and psychosocial research. The board shall make 26 recommendations to the commissioner, and the commissioner shall, in [his 27 or her] their discretion, grant approval of applications for grants from 28 those applications recommended by the board. The board shall consult 29 with the Centers for Disease Control and Prevention, the National Insti- 30 tutes of Health, the Federal Agency For Health Care Policy and Research, 31 the National Academy of Sciences, breast and ovarian cancer advocacy 32 groups, and other organizations or entities which may be involved in 33 breast and ovarian cancer research to solicit both information regarding 34 breast and ovarian cancer research projects that are currently being 35 conducted and recommendations for future research projects. As used in 36 this section, "qualified research institution" may include academic 37 medical institutions, state or local government agencies, public or 38 private organizations within this state, and any other institution 39 approved by the department, which is conducting a breast and ovarian 40 cancer research project or educational program. If a board member 41 submits an application for a grant from the breast and ovarian cancer 42 research and education fund, [he or she] such board member shall be 43 prohibited from reviewing and making a recommendation on the applica- 44 tion; 45 (h) Meet at least six times in the first year, at the request of the 46 chair and at any other time as the chair deems necessary. The board 47 shall meet at least two times a year and as needed thereafter. Provided, 48 however, that at least one such meeting a year shall be a public hear- 49 ing, at which the general public may question and present information 50 and comments to the board with respect to the operation of the health 51 research science board, the breast and ovarian cancer research and 52 education fund, and pesticide reporting established pursuant to sections 53 33-1205 and 33-1207 of the environmental conservation law. At such hear- 54 ing, the commissioner of the department of environmental conservation or 55 [his or her] such commissioner's designee shall make a report to the 56 board with respect to the efficiency and utility of pesticide reporting 
 A. 6509 3 1 established pursuant to sections 33-1205 and 33-1207 of the environ- 2 mental conservation law. Should the existing bylaws be amended by the 3 board, any such amendments shall be consistent with the revisions of 4 this paragraph[;]. 5 § 3. Section 2412 of the public health law, as amended by chapter 219 6 of the laws of 1997, is amended to read as follows: 7 § 2412. Agency implementation. All state agencies, including, but not 8 limited to, the departments of agriculture and markets, environmental 9 conservation, and health, shall review their programs and operations 10 (pursuant to guidelines established by the board) to determine whether 11 they currently collect data which may be of use to researchers engaged 12 in breast, ovarian, prostate or testicular cancer research. Any agency 13 collecting such data shall forward a description of the data to the 14 health research science board. 15 § 4. Section 2413 of the public health law, as amended by section 5-a 16 of part A of chapter 60 of the laws of 2014, is amended to read as 17 follows: 18 § 2413. Biennial report. The commissioner shall submit a report on or 19 before January first commencing in nineteen hundred ninety-nine, and 20 biennially thereafter, to the governor, the temporary president of the 21 senate and the speaker of the assembly concerning the operation of the 22 health research science board. Such report shall include recommendations 23 from the health research science board including, but not limited to, 24 the types of data that would be useful for breast and ovarian cancer 25 researchers and whether private citizen use of residential pesticides 26 should be added to the reporting requirements. The report shall also 27 include a summary of research requests granted or denied. In addition, 28 such report shall include an evaluation by the commissioner, the commis- 29 sioner of the department of environmental conservation and the health 30 research science board of the basis, efficiency and scientific utility 31 of the information derived from pesticide reporting pursuant to sections 32 33-1205 and 33-1207 of the environmental conservation law and recommend 33 whether such system should be modified or continued. The report shall 34 include a summary of the comments and recommendations presented by the 35 public at the board's public hearings. 36 § 5. Section 97-yy of the state finance law, as added by chapter 279 37 of the laws of 1996, subdivisions 2 and 2-a as amended by chapter 385 of 38 the laws of 2007, and subdivision 2-b as amended by chapter 453 of the 39 laws of 2015, is amended to read as follows: 40 § 97-yy. Breast and ovarian cancer research and education fund. 1. 41 There is hereby established in the joint custody of the commissioner of 42 taxation and finance and the comptroller, a special fund to be known as 43 the "breast and ovarian cancer research and education fund". 44 2. Such fund shall consist of all revenues received by the department 45 of taxation and finance, pursuant to the provisions of section two 46 hundred nine-D and section six hundred twenty-seven of the tax law, all 47 moneys collected pursuant to section four hundred four-q of the vehicle 48 and traffic law, as added by chapter five hundred twenty-eight of the 49 laws of nineteen hundred ninety-nine, and all other moneys appropriated, 50 credited, or transferred thereto from any other fund or source pursuant 51 to law. For each state fiscal year, there shall be appropriated to the 52 fund by the state, in addition to all other moneys required to be depos- 53 ited into such fund, an amount equal to the amounts of monies collected 54 and deposited into the fund pursuant to sections two hundred nine-D and 55 six hundred twenty-seven of the tax law and section four hundred four-q 56 of the vehicle and traffic law, as added by chapter five hundred twen- 
 A. 6509 4 1 ty-eight of the laws of nineteen hundred ninety-nine, and the amounts of 2 moneys received and deposited into the fund from grants, gifts and 3 bequests during the preceding calendar year, as certified by the comp- 4 troller. Nothing contained herein shall prevent the state from receiving 5 grants, gifts or bequests for the purposes of the fund as defined in 6 this section and depositing them into the fund according to law. 7 2-a. On or before the first day of February each year, the comptroller 8 shall certify to the governor, temporary president of the senate, speak- 9 er of the assembly, chair of the senate finance committee and chair of 10 the assembly ways and means committee, the amount of money deposited in 11 the breast and ovarian cancer research and education fund during the 12 preceding calendar year as the result of revenue derived pursuant to 13 sections two hundred nine-D and six hundred twenty-seven of the tax law 14 and section four hundred four-q of the vehicle and traffic law, as added 15 by chapter five hundred twenty-eight of the laws of nineteen hundred 16 ninety-nine, and from grants, gifts and bequests. 17 2-b. On or before the first day of February each year, the commission- 18 er of health shall provide a written report to the temporary president 19 of the senate, speaker of the assembly, chair of the senate finance 20 committee, chair of the assembly ways and means committee, chair of the 21 senate committee on health, chair of the assembly health committee, the 22 state comptroller and the public. Such report shall include how the 23 monies of the fund were utilized during the preceding calendar year, and 24 shall include: 25 (i) the amount of money dispersed from the fund and the award process 26 used for such disbursements; 27 (ii) recipients of awards from the fund; 28 (iii) the amount awarded to each; 29 (iv) the purposes for which such awards were granted; and 30 (v) a summary financial plan for such monies which shall include esti- 31 mates of all receipts and all disbursements for the current and succeed- 32 ing fiscal years, along with the actual results from the prior fiscal 33 year. 34 3. Monies of the fund shall be expended only for breast and ovarian 35 cancer research and educational projects. As used in this section, 36 "breast and ovarian cancer research and education projects" means scien- 37 tific research or educational projects which, pursuant to section two 38 thousand four hundred eleven of the public health law, are approved by 39 the department of health, upon the recommendation of the health research 40 science board. 41 4. Monies shall be payable from the fund on the audit and warrant of 42 the comptroller on vouchers approved and certified by the commissioner 43 of health. 44 5. To the extent practicable, the commissioner of health shall ensure 45 that all monies received during a fiscal year are expended prior to the 46 end of that fiscal year. 47 § 6. Section 209-D of the tax law, as added by chapter 279 of the laws 48 of 1996, is amended to read as follows: 49 § 209-D. Gift for breast and ovarian cancer research and education. 50 Effective for any tax year commencing on or after January first, nine- 51 teen hundred ninety-six, a taxpayer in any taxable year may elect to 52 contribute to the support of the breast and ovarian cancer research and 53 education fund. Such contribution shall be in any whole dollar amount 54 and shall not reduce the amount of the state tax owed by such taxpayer. 55 The commissioner shall include space on the corporate income tax return 56 to enable a taxpayer to make such contribution. Notwithstanding any 
 A. 6509 5 1 other provision of law, all revenues collected pursuant to this section 2 shall be credited to the breast and ovarian cancer research and educa- 3 tion fund and shall be used only for those purposes enumerated in 4 section ninety-seven-yy of the state finance law. 5 § 7. Section 627 of the tax law, as added by chapter 279 of the laws 6 of 1996, is amended to read as follows: 7 § 627. Gift for breast and ovarian cancer research and education. 8 Effective for any tax year commencing on or after January first, nine- 9 teen hundred ninety-six, an individual in any taxable year may elect to 10 contribute to the breast and ovarian cancer research and education fund. 11 Such contribution shall be in any whole dollar amount and shall not 12 reduce the amount of state tax owed by such individual. The commissioner 13 shall include space on the personal income tax return to enable a 14 taxpayer to make such contribution. Notwithstanding any other provision 15 of law all revenues collected pursuant to this section shall be credited 16 to the breast and ovarian cancer research and education fund and used 17 only for those purposes enumerated in section ninety-seven-yy of the 18 state finance law. 19 § 8. Section 404-q of the vehicle and traffic law, as added by chapter 20 528 of the laws of 1999 and subdivision 2 as amended by section 7-a of 21 part A of chapter 60 of the laws of 2014, is amended to read as follows: 22 § 404-q. Distinctive "drive for the cure" license plates. 1. Any 23 person residing in this state shall, upon request, be issued a distinc- 24 tive "drive for the cure" license plate in support of breast, ovarian, 25 prostate and testicular cancer research bearing the phrase "drive for 26 the cure". Application for said license plate shall be filed with the 27 commissioner in such form and detail as the commissioner shall 28 prescribe. 29 2. A distinctive "drive for the cure" license plate issued pursuant to 30 this section shall be issued in the same manner as other number plates 31 upon the payment of the regular registration fee prescribed by section 32 four hundred one of this article, provided, however, that an additional 33 annual service charge of twenty-five dollars shall be charged for such 34 plate. Twelve dollars and fifty cents from each twenty-five dollars 35 received as annual service charges under this section shall be deposited 36 to the credit of the breast and ovarian cancer research and education 37 fund established pursuant to section ninety-seven-yy of the state 38 finance law and shall be used for research and education programs under- 39 taken pursuant to section twenty-four hundred ten of the public health 40 law. Twelve dollars and fifty cents from each twenty-five dollars 41 received as annual service charges under this section shall be deposited 42 to the credit of the New York State prostate and testicular cancer 43 research and education fund established pursuant to section 44 ninety-five-e of the state finance law and shall be used for research 45 and education programs undertaken pursuant to section ninety-five-e of 46 the state finance law. Provided, however that one year after the effec- 47 tive date of this section funds in the amount of six thousand dollars, 48 or so much thereof as may be available, shall be allocated to the 49 department to offset costs associated with the production of such 50 license plates. 51 § 9. This act shall take effect on the sixtieth day after it shall 52 have become a law.