Senate Bill S779

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

                                   779

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- 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 and the state  finance  law,
  in relation to creating the "stop prostate cancer" distinctive license
  plate program and applying the revenues raised from the new program to
  the purposes of the prostate and testicular cancer research and educa-
  tion 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  "STOP  PROSTATE CANCER" LICENSE PLATES. 1. ANY
PERSON RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A  DISTINC-
TIVE  "STOP  PROSTATE  CANCER"  LICENSE PLATE IN SUPPORT OF PROSTATE AND
TESTICULAR CANCER RESEARCH BEARING THE PHRASE  "STOP  PROSTATE  CANCER".
APPLICATION  FOR SAID LICENSE PLATE SHALL BE FILED WITH THE COMMISSIONER
IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
  2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE  REGU-
LAR  REGISTRATION  FEE  PRESCRIBED  BY  SECTION FOUR HUNDRED ONE OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE  OF
TWENTY-FIVE  DOLLARS  SHALL  BE  CHARGED FOR SUCH PLATES. TWENTY DOLLARS
FROM EACH TWENTY-FIVE DOLLARS RECEIVED  AS  THE  ANNUAL  SERVICE  CHARGE
UNDER THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE "PROSTATE AND
TESTICULAR  CANCER  RESEARCH AND EDUCATION FUND" ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-CCC OF THE STATE FINANCE LAW AND SHALL BE USED  FOR
THE  PURPOSES OF SUCH FUND; AND PROVIDED FURTHER, HOWEVER, THAT ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION, FUNDS IN THE AMOUNT  OF  SEVEN
THOUSAND  FIVE  HUNDRED 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01746-01-9
              

S. 779                              2

  S 2. Section 97-ccc of the state finance law, as added by chapter  219
of the laws of 1997, subdivision 2 as amended by chapter 528 of the laws
of 1999, is amended to read as follows:
  S  97-ccc. Prostate and testicular cancer research and education fund.
1. There is hereby established in the joint custody of the  commissioner
of  taxation and finance and the comptroller, a special fund to be known
as the "prostate and testicular cancer research and education fund".
  2. Such fund shall consist of ALL REVENUES RECEIVED  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  FOUR  HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC
LAW, all revenues received pursuant to an appropriation by the  legisla-
ture,  all  moneys  collected pursuant to section four hundred four-q of
the  vehicle  and  traffic  law,  AS  ADDED  BY  CHAPTER  FIVE   HUNDRED
TWENTY-EIGHT  OF THE LAWS OF NINETEEN HUNDRED NINETY-NINE, and all other
moneys appropriated, credited, or transferred  thereto  from  any  other
fund  or  source pursuant to law. Nothing contained herein shall prevent
the state from receiving 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 prostate and testicu-
lar cancer research and educational projects. As used in  this  section,
"prostate  and  testicular cancer research and education projects" means
scientific research or educational projects which are  approved  by  the
department of health and shall include but not be limited to:
  (a)  SCIENTIFIC  RESEARCH  OR  EDUCATIONAL  PROJECTS  INTO THE CAUSES,
TREATMENT, AND PREVENTION OF PROSTATE AND  TESTICULAR  CANCER  UPON  THE
RECOMMENDATION  OF THE HEALTH RESEARCH SCIENCE BOARD PURSUANT TO SECTION
TWENTY-FOUR HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW;
  (B) establishment of a  public  education  and  outreach  campaign  to
publicize   prostate  and  testicular  cancer  detection  and  education
services, including the extent of coverage for such services  by  health
insurance,  the medical assistance program, and other public and private
programs;
  [(b)] (C) compilation of data concerning the prostate  and  testicular
cancer  detection and education program and dissemination of the data to
the public;
  [(c)] (D) development of professional  education  programs,  including
the  benefits  of  early detection of prostate and testicular cancer and
the recommended frequency of the test and examination therefor; and
  [(d)] (E) to further the goals and duties of the prostate and testicu-
lar cancer detection  and  education  advisory  council  established  in
section twenty-four hundred fifteen of the public health law.
  4.  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.
  5.  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.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment,  or  repeal  of any rules or regulations
necessary for the implementation of the foregoing sections of  this  act
on  its  effective  date  is  authorized  and  directed  to  be made and
completed on or before such effective date.