S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1704
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  authorizing
   the  creation of a sickle cell disease awareness license plate; and to
   amend the state finance law, in relation to creating the  sickle  cell
   disease research and education 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-y to read as follows:
   §  404-Y. DISTINCTIVE SICKLE CELL DISEASE AWARENESS LICENSE PLATES. 1.
 ANY PERSON RESIDING IN THIS STATE  SHALL,  UPON  REQUEST,  BE  ISSUED  A
 DISTINCTIVE  LICENSE  PLATE  IN SUPPORT OF SICKLE CELL DISEASE AWARENESS
 AND RESEARCH BEARING THE PHRASE "SICKLE CELL DISEASE AWARENESS".  APPLI-
 CATION 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 PAYMENT OF THE REGULAR
 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.
   3.  EACH  TWENTY-FIVE  DOLLARS  RECEIVED  AS THE ANNUAL SERVICE CHARGE
 UNDER THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE "SICKLE  CELL
 DISEASE  RESEARCH  AND  EDUCATION  FUND" ESTABLISHED PURSUANT TO SECTION
 NINETY-SEVEN-PPPP OF THE  STATE  FINANCE  LAW  AND  SHALL  BE  USED  FOR
 RESEARCH  AND  EDUCATION PROGRAMS UNDERTAKEN PURSUANT TO SECTION NINETY-
 SEVEN-PPPP OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section  97-pppp
 to read as follows:
   §  97-PPPP. SICKLE CELL DISEASE RESEARCH AND EDUCATION FUND.  1. THERE
 IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  TAXA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05840-01-7

 S. 1704                             2
 
 TION  AND  FINANCE AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "SICKLE
 CELL DISEASE RESEARCH AND EDUCATION FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL  REVENUES RECEIVED PURSUANT TO
 SECTION FOUR HUNDRED FOUR-Y OF THE VEHICLE  AND  TRAFFIC  LAW,  AND  ALL
 OTHER  MONEYS  APPROPRIATED,  CREDITED  OR  TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
 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.
   2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
 THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED  IN
 THE SICKLE CELL DISEASE RESEARCH AND EDUCATION FUND DURING THE PRECEDING
 CALENDAR  YEAR AS THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION FOUR
 HUNDRED FOUR-Y OF THE VEHICLE AND TRAFFIC LAW AND FROM GRANTS, GIFTS AND
 BEQUESTS.
   2-B. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
 ER OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE  TEMPORARY  PRESIDENT
 OF  THE  SENATE,  SPEAKER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE
 COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF  THE
 SENATE  COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE
 STATE COMPTROLLER AND THE PUBLIC. SUCH  REPORT  SHALL  INCLUDE  HOW  THE
 MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND
 SHALL INCLUDE:
   (I)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   3.  MONEYS  OF THE FUND SHALL BE EXPENDED ONLY FOR SICKLE CELL DISEASE
 RESEARCH PROJECTS AND SICKLE CELL DISEASE EDUCATION PROJECTS APPROVED BY
 THE DEPARTMENT OF HEALTH IN NEW YORK STATE. AS USED IN THIS SECTION, THE
 TERM "SICKLE CELL DISEASE RESEARCH PROJECT"  MEANS  SCIENTIFIC  RESEARCH
 APPROVED BY THE DEPARTMENT OF HEALTH INTO THE CAUSES AND/OR TREATMENT OF
 SICKLE  CELL  DISEASE,  AND  THE  TERM  "SICKLE  CELL  DISEASE EDUCATION
 PROJECT" MEANS A PROJECT APPROVED BY  THE  DEPARTMENT  OF  HEALTH  AIMED
 TOWARD  EDUCATING  THE  GENERAL  PUBLIC  ABOUT THE CAUSES, SYMPTOMS, AND
 TREATMENT OF SICKLE CELL DISEASE.
   4. MONEYS 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 MONEYS RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   § 3. 1. A distinctive plate established pursuant to section  404-y  of
 the  vehicle and traffic law shall only be designed, produced and issued
 upon the delivery to the department of motor vehicles of a  surety  bond
 in  the  amount  of  six  thousand dollars, which shall be executed by a
 surety company authorized by the department  of  financial  services  to
 transact  business in this state. Provided, however, that if the commis-
 sioner of motor vehicles shall have  received  prior  to  plate  design,

 S. 1704                             3
 
 production and issuance at least two hundred orders for such distinctive
 plate  together  with the additional annual service charge applicable to
 each such order, which shall be  non-refundable,  no  such  surety  bond
 shall  be  required.  All  service  charges  collected  pursuant to this
 section shall be deposited pursuant to the provisions of section  404-oo
 of  the vehicle and traffic law to the credit of the department of motor
 vehicles distinctive plate development fund established by section  95-g
 of  the  state finance law and shall be used for the design, production,
 advertising and distribution of distinctive license plates in accordance
 with such section 95-g.
   2. If, upon the expiration of two years following the date upon  which
 distinctive  plates  in  the  series  are  first  available for sale two
 hundred or more sets of such plates are sold, a bond delivered  pursuant
 to this section shall be discontinued. If fewer than two hundred sets of
 such  plates  are  sold  by  such time, the department of motor vehicles
 shall be entitled to recover against the bond in an amount proportionate
 to such shortfall.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however,  that  section  three  of
 this  act  shall  take effect immediately; and provided further, however
 that effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective  date  are authorized and directed to be made and completed on
 or before such effective date.