Assembly Bill A3121

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

                                  3121

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. BRADLEY -- Multi-Sponsored by -- M. of A. PHEFFER
  -- read once and referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to distinctive
  license plates for childhood cancer awareness; and to amend the  state
  finance  law,  in  relation to creating the childhood cancer awareness
  fund

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 404-x to read as follows:
  S 404-X. DISTINCTIVE CHILDHOOD CANCER AWARENESS LICENSE  PLATES.    1.
ANY  PERSON  RESIDING  IN  THIS  STATE  SHALL, UPON REQUEST, BE ISSUED A
DISTINCTIVE CHILDHOOD CANCER  AWARENESS  LICENSE  PLATE  IN  SUPPORT  OF
CHILDHOOD  CANCER  RESEARCH  BEARING THE PHRASE "CHILDHOOD CANCER AWARE-
NESS". APPLICATION FOR SAID  LICENSE  PLATE  SHALL  BE  FILED  WITH  THE
COMMISSIONER   IN  SUCH  FORM  AND  DETAIL  AS  THE  COMMISSIONER  SHALL
PRESCRIBE.
  2. A DISTINCTIVE  CHILDHOOD  CANCER  AWARENESS  LICENSE  PLATE  ISSUED
PURSUANT  TO  THIS  SECTION  SHALL BE ISSUED IN THE SAME MANNER AS OTHER
NUMBER  PLATES  UPON  THE  PAYMENT  OF  THE  REGULAR  REGISTRATION   FEE
PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE, PROVIDED, HOWEV-
ER,  THAT  AN  ADDITIONAL  ANNUAL  SERVICE CHARGE OF TWENTY-FIVE DOLLARS
SHALL BE CHARGED FOR SUCH PLATE. MONEYS RECEIVED PURSUANT TO THIS SUBDI-
VISION SHALL BE DEPOSITED IN THE CHILDHOOD CANCER AWARENESS FUND CREATED
UNDER SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW. PROVIDED,  HOWEVER
THAT  ONE  YEAR  AFTER  THE  EFFECTIVE DATE OF THIS SECTION FUNDS IN THE
AMOUNT OF SIX THOUSAND DOLLARS, OR SO MUCH THEREOF AS MAY BE  AVAILABLE,
SHALL BE ALLOCATED TO THE DEPARTMENT TO OFFSET COSTS ASSOCIATED WITH THE
PRODUCTION OF SUCH LICENSE PLATES.
  S  2. The state finance law is amended by adding a new section 89-h to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03345-01-9
              

A. 3121                             2

  S 89-H. CHILDHOOD CANCER AWARENESS FUND. 1. THERE IS HEREBY CREATED IN
THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF  HEALTH  A
FUND TO BE KNOWN AS THE CHILDHOOD CANCER AWARENESS FUND.
  2.  THE FUND SHALL CONSIST OF ANY MONEY COLLECTED PURSUANT TO SUBDIVI-
SION TWO OF SECTION FOUR HUNDRED FOUR-X OF THE VEHICLE AND  TRAFFIC  LAW
AND  ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM
ANY OTHER FUND OR SOURCE. NOTHING SHALL  PREVENT  THE  COMPTROLLER  FROM
ACCEPTING ANY GIFT, BEQUEST, OR OTHER DONATION ON BEHALF OF THE FUND.
  3.  MONEYS  OF  THE  FUND  SHALL  BE  USED TO SUPPORT CHILDHOOD CANCER
PREVENTION AND CURE RESEARCH INITIATIVES. THE COMMISSIONER OF HEALTH, IN
CONSULTATION WITH THE AMERICAN CANCER  SOCIETY,  SHALL  DETERMINE  WHICH
RESEARCH INITIATIVES ARE ELIGIBLE FOR FUNDING UNDER THIS FUND.
  4.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
SIONER  OF HEALTH. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON
DEPOSIT IN THE CHILDHOOD CANCER AWARENESS FUND SHALL BE RETAINED IN  AND
BECOME PART OF SUCH FUND.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.