S T A T E   O F   N E W   Y O R K
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                                   8064
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee 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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 404-ff to read as follows:
   § 404-FF. DISTINCTIVE BRAIN TUMOR AWARENESS LICENSE PLATES.    1.  ANY
 PERSON  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINC-
 TIVE LICENSE PLATE IN SUPPORT OF  BRAIN  TUMOR  AWARENESS  AND  RESEARCH
 BEARING  THE  PHRASE  "BRAIN  TUMOR  AWARENESS".  APPLICATIONS  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  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 "BRAIN  TUMOR
 RESEARCH  AND  EDUCATION  FUND"  ESTABLISHED PURSUANT TO SECTION NINETY-
 NINE-RR OF THE STATE FINANCE LAW AND SHALL BE USED TO FUND RESEARCH  AND
 EDUCATION  PROGRAMS UNDERTAKEN PURSUANT TO SECTION NINETY-NINE-RR OF THE
 STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   § 99-RR. BRAIN TUMOR RESEARCH AND EDUCATION FUND.  1. THERE IS  HEREBY
 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. 8064                             2
 
 FINANCE AND THE COMPTROLLER A FUND TO  BE  KNOWN  AS  THE  "BRAIN  TUMOR
 RESEARCH AND EDUCATION FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL  REVENUES RECEIVED PURSUANT TO
 SECTION FOUR HUNDRED FOUR-FF 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.
   3.  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 BRAIN TUMOR RESEARCH AND EDUCATION FUND DURING THE PRECEDING  CALEN-
 DAR  YEAR  AS  THE  RESULT  OF  REVENUE DERIVED PURSUANT TO SECTION FOUR
 HUNDRED FOUR-FF OF THE VEHICLE AND TRAFFIC LAW AND  FROM  GRANTS,  GIFTS
 AND BEQUESTS.
   4.  ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY  PRESIDENT  OF
 THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMIT-
 TEE, 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 RECIPIENT;
   (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.
   5. MONEYS OF THE FUND SHALL BE EXPENDED ONLY FOR BRAIN TUMOR  RESEARCH
 PROJECTS  AND  BRAIN TUMOR EDUCATION PROJECTS APPROVED BY THE DEPARTMENT
 OF HEALTH IN NEW YORK STATE. AS USED IN THIS SECTION,  THE  TERM  "BRAIN
 TUMOR  RESEARCH  PROJECT"  MEANS  SCIENTIFIC  RESEARCH  APPROVED  BY THE
 DEPARTMENT OF HEALTH INTO THE CAUSES AND/OR TREATMENT OF  BRAIN  TUMORS,
 AND THE TERM "BRAIN TUMOR EDUCATION PROJECT" MEANS A PROJECT APPROVED BY
 THE DEPARTMENT OF HEALTH AIMED TOWARD EDUCATING THE GENERAL PUBLIC ABOUT
 THE CAUSES, SYMPTOMS, AND TREATMENT OF BRAIN TUMORS.
   6.  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.
   7.  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 SUCH FISCAL YEAR.
   §  3. 1. A distinctive plate established pursuant to section 404-ff 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,
 production and issuance at least two hundred orders for such distinctive
 A. 8064                             3
 
 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 immediately; provided, however, that
 section one of this act shall take effect on the one  hundred  eightieth
 day  after  it shall have become a law. Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.