Bill Text: NY A08087 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to authorizing the creation of a lupus awareness license plate and to creating the lupus research and education fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-21 - substituted by s1703 [A08087 Detail]
Download: New_York-2017-A08087-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8087 2017-2018 Regular Sessions IN ASSEMBLY May 25, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to authorizing the creation of a lupus awareness license plate; and to amend the state finance law, in relation to creating the lupus research and education fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 404-y to read as follows: 3 § 404-y. Distinctive lupus awareness license plates. 1. Any person 4 residing in this state shall, upon request, be issued a distinctive 5 license plate in support of lupus awareness and research bearing the 6 phrase "Lupus Awareness". Application for said license plate shall be 7 filed with the commissioner in such form and detail as the commissioner 8 shall prescribe. 9 2. A distinctive plate issued pursuant to this section shall be issued 10 in the same manner as other number plates upon payment of the regular 11 registration fee prescribed by section four hundred one of this article; 12 provided, however, that an additional annual service charge of twenty- 13 five dollars shall be charged for such plates. 14 3. Each twenty-five dollars received as the annual service charge 15 under this section shall be deposited to the credit of the "lupus 16 research and education fund" established pursuant to section ninety-sev- 17 en-pppp of the state finance law and shall be used for research and 18 education programs undertaken pursuant to section ninety-seven-pppp of 19 the state finance law. 20 § 2. The state finance law is amended by adding a new section 97-pppp 21 to read as follows: 22 § 97-pppp. Lupus research and education fund. 1. There is hereby 23 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. LBD05837-01-7A. 8087 2 1 finance and the comptroller a fund to be known as the "lupus research 2 and education fund". 3 2. Such fund shall consist of all revenues received pursuant to 4 section four hundred four-y of the vehicle and traffic law, and all 5 other moneys appropriated, credited or transferred thereto from any 6 other fund or source pursuant to law. Nothing contained in this section 7 shall prevent the state from receiving grants, gifts or bequests for the 8 purposes of the fund as defined in this section and depositing them into 9 the fund according to law. 10 2-a. On or before the first day of February each year, the comptroller 11 shall certify to the governor, temporary president of the senate, speak- 12 er of the assembly, chair of the senate finance committee and chair of 13 the assembly ways and means committee, the amount of money deposited in 14 the lupus research and education fund during the preceding calendar year 15 as the result of revenue derived pursuant to section four hundred four-y 16 of the vehicle and traffic law and from grants, gifts and bequests. 17 2-b. On or before the first day of February each year, the commission- 18 er of health shall provide a written report to the temporary president 19 of the senate, speaker of the assembly, chair of the senate finance 20 committee, chair of the assembly ways and means committee, chair of the 21 senate committee on health, chair of the assembly health committee, the 22 state comptroller and the public. Such report shall include how the 23 monies of the fund were utilized during the preceding calendar year, and 24 shall include: 25 (i) the amount of money disbursed from the fund and the award process 26 used for such disbursements; 27 (ii) recipients of awards from the fund; 28 (iii) the amount awarded to each; 29 (iv) the purposes for which such awards were granted; and 30 (v) a summary financial plan for such moneys which shall include esti- 31 mates of all receipts and all disbursements for the current and succeed- 32 ing fiscal years, along with the actual results from the prior fiscal 33 year. 34 3. Moneys of the fund shall be expended only for lupus research 35 projects and lupus education projects approved by the department of 36 health in New York state. As used in this section, the term "lupus 37 research project" means scientific research approved by the department 38 of health into the causes and/or treatment of lupus, and the term "lupus 39 education project" means a project approved by the department of health 40 aimed toward educating the general public about the causes, symptoms, 41 and treatment of lupus. 42 4. Moneys shall be payable from the fund on the audit and warrant of 43 the comptroller on vouchers approved and certified by the commissioner 44 of health. 45 5. To the extent practicable, the commissioner of health shall ensure 46 that all moneys received during a fiscal year are expended prior to the 47 end of that fiscal year. 48 § 3. 1. A distinctive plate established pursuant to section 404-y of 49 the vehicle and traffic law shall only be designed, produced and issued 50 upon the delivery to the department of motor vehicles of a surety bond 51 in the amount of six thousand dollars, which shall be executed by a 52 surety company authorized by the department of financial services to 53 transact business in this state. Provided, however, that if the commis- 54 sioner of motor vehicles shall have received prior to plate design, 55 production and issuance at least two hundred orders for such distinctive 56 plate together with the additional annual service charge applicable toA. 8087 3 1 each such order, which shall be non-refundable, no such surety bond 2 shall be required. All service charges collected pursuant to this 3 section shall be deposited pursuant to the provisions of section 404-oo 4 of the vehicle and traffic law to the credit of the department of motor 5 vehicles distinctive plate development fund established by section 95-g 6 of the state finance law and shall be used for the design, production, 7 advertising and distribution of distinctive license plates in accordance 8 with such section 95-g. 9 2. If, upon the expiration of two years following the date upon which 10 distinctive plates in the series are first available for sale two 11 hundred or more sets of such plates are sold, a bond delivered pursuant 12 to this section shall be discontinued. If fewer than two hundred sets of 13 such plates are sold by such time, the department of motor vehicles 14 shall be entitled to recover against the bond in an amount proportionate 15 to such shortfall. 16 § 4. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law; provided, however, that section three of 18 this act shall take effect immediately; and provided further, however 19 that effective immediately, the addition, amendment and/or repeal of any 20 rule or regulation necessary for the implementation of this act on its 21 effective date are authorized and directed to be made and completed on 22 or before such effective date.