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A07710 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7710
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2023
                                       ___________
 
        Introduced  by M. of A. DURSO -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          the  creation  of  a brain tumor awareness license plate; and to amend
          the state finance  law,  in  relation  to  creating  the  brain  tumor
          research and education fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 404-ff to read as follows:
     3    §  404-ff.  Distinctive  brain tumor awareness license plates.  1. Any
     4  person residing in this state shall, upon request, be issued a  distinc-
     5  tive  license  plate  in  support  of brain tumor awareness and research
     6  bearing the  phrase  "Brain  Tumor  Awareness".  Applications  for  said
     7  license  plate  shall  be  filed  with the commissioner in such form and
     8  detail as the commissioner shall prescribe.
     9    2. A distinctive plate issued pursuant to this section shall be issued
    10  in the same manner as other number plates upon payment  of  the  regular
    11  registration fee prescribed by section four hundred one of this article;
    12  provided,  however,  that  an  additional  service charge of twenty-five
    13  dollars shall be charged for such plates.
    14    3. Each twenty-five dollars received  as  the  annual  service  charge
    15  under  this section shall be deposited to the credit of the "brain tumor
    16  research and education fund" established  pursuant  to  section  ninety-
    17  nine-rr  of the state finance law and shall be used to fund research and
    18  education programs undertaken pursuant to section ninety-nine-rr of  the
    19  state finance law.
    20    § 2. The state finance law is amended by adding a new section 99-rr to
    21  read as follows:
    22    §  99-rr. Brain tumor research and education fund.  1. There is hereby
    23  established in the joint custody of the  commissioner  of  taxation  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11689-01-3

        A. 7710                             2
 
     1  finance  and  the  comptroller  a  fund  to be known as the "brain tumor
     2  research and education fund".
     3    2.  Such  fund  shall  consist  of  all  revenues received pursuant to
     4  section four hundred four-ff of the vehicle and  traffic  law,  and  all
     5  other  moneys  appropriated,  credited  or  transferred thereto from any
     6  other fund or source pursuant to law. Nothing contained in this  section
     7  shall prevent the state from receiving grants, gifts or bequests for the
     8  purposes of the fund as defined in this section and depositing them into
     9  the fund according to law.
    10    3.  On  or before the first day of February each year, the comptroller
    11  shall certify to the governor, temporary president of the senate, speak-
    12  er of the assembly, chair of the senate finance committee and  chair  of
    13  the  assembly ways and means committee, the amount of money deposited in
    14  the brain tumor research and education fund during the preceding  calen-
    15  dar  year  as  the  result  of  revenue derived pursuant to section four
    16  hundred four-ff of the vehicle and traffic law and  from  grants,  gifts
    17  and bequests.
    18    4.  On or before the first day of February each year, the commissioner
    19  of health shall provide a written report to the temporary  president  of
    20  the senate, speaker of the assembly, chair of the senate finance commit-
    21  tee, chair of the assembly ways and means committee, chair of the senate
    22  committee  on  health, chair of the assembly health committee, the state
    23  comptroller and the public. Such report shall include how the monies  of
    24  the  fund  were  utilized  during the preceding calendar year, and shall
    25  include:
    26    (i) the amount of money disbursed from the fund and the award  process
    27  used for such disbursements;
    28    (ii) recipients of awards from the fund;
    29    (iii) the amount awarded to each recipient;
    30    (iv) the purposes for which such awards were granted; and
    31    (v) a summary financial plan for such moneys which shall include esti-
    32  mates of all receipts and all disbursements for the current and succeed-
    33  ing  fiscal  years,  along with the actual results from the prior fiscal
    34  year.
    35    5. Moneys of the fund shall be expended only for brain tumor  research
    36  projects  and  brain tumor education projects approved by the department
    37  of health in New York state. As used in this section,  the  term  "brain
    38  tumor  research  project"  means  scientific  research  approved  by the
    39  department of health into the causes and/or treatment of  brain  tumors,
    40  and the term "brain tumor education project" means a project approved by
    41  the department of health aimed toward educating the general public about
    42  the causes, symptoms, and treatment of brain tumors.
    43    6.  Moneys  shall be payable from the fund on the audit and warrant of
    44  the comptroller on vouchers approved and certified by  the  commissioner
    45  of health.
    46    7.  To the extent practicable, the commissioner of health shall ensure
    47  that all moneys received during a fiscal year are expended prior to  the
    48  end of such fiscal year.
    49    §  3. 1. A distinctive plate established pursuant to section 404-ff of
    50  the vehicle and traffic law shall only be designed, produced and  issued
    51  upon  the  delivery to the department of motor vehicles of a surety bond
    52  in the amount of six thousand dollars, which  shall  be  executed  by  a
    53  surety  company  authorized  by  the department of financial services to
    54  transact business in this state. Provided, however, that if the  commis-
    55  sioner  of  motor  vehicles  shall  have received prior to plate design,
    56  production and issuance at least two hundred orders for such distinctive

        A. 7710                             3
 
     1  plate together with the additional annual service charge  applicable  to
     2  each  such  order,  which  shall  be non-refundable, no such surety bond
     3  shall be required.  All  service  charges  collected  pursuant  to  this
     4  section  shall be deposited pursuant to the provisions of section 404-oo
     5  of the vehicle and traffic law to the credit of the department of  motor
     6  vehicles  distinctive plate development fund established by section 95-g
     7  of the state finance law and shall be used for the  design,  production,
     8  advertising and distribution of distinctive license plates in accordance
     9  with such section 95-g.
    10    2.  If, upon the expiration of two years following the date upon which
    11  distinctive plates in the  series  are  first  available  for  sale  two
    12  hundred  or more sets of such plates are sold, a bond delivered pursuant
    13  to this section shall be discontinued. If fewer than two hundred sets of
    14  such plates are sold by such time,  the  department  of  motor  vehicles
    15  shall be entitled to recover against the bond in an amount proportionate
    16  to such shortfall.
    17    §  4.  This act shall take effect immediately; provided, however, that
    18  section one of this act shall take effect on the one  hundred  eightieth
    19  day  after  it shall have become a law. Effective immediately, the addi-
    20  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    21  the  implementation  of this act on its effective date are authorized to
    22  be made and completed on or before such effective date.
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