Senate Bill S4713

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

                                  4713

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed 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
              

S. 4713                             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.