Bill Text: NY A08165 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to the creation of the cystic fibrosis foundation license plate and cystic fibrosis research and education fund.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2016-07-21 - signed chap.111 [A08165 Detail]

Download: New_York-2015-A08165-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8165--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      June 10, 2015
                                       ___________
        Introduced  by  M.  of  A. MAYER, CAHILL, SKOUFIS, RA, DUPREY, GJONAJ --
          read once and referred to the Committee on Transportation -- recommit-
          ted to the Committee on Transportation  in  accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          the  creation  of  a  Cystic Fibrosis Foundation license plate; and to
          amend the state finance law, in relation to creating the cystic fibro-
          sis 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-bb to read as follows:
     3    § 404-bb. Distinctive Cystic Fibrosis Foundation  license  plates.  1.
     4  Any  person  residing  in  this  state  shall, upon request, be issued a
     5  distinctive license plate in support of cystic  fibrosis  awareness  and
     6  research  bearing  the phrase "Cystic Fibrosis Foundation".  Application
     7  for said license plate shall be filed with the commissioner in such form
     8  and detail as the commissioner 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 "cystic
    16  fibrosis research and education fund" established  pursuant  to  section
    17  ninety-seven-qqqq  of  the  state  finance  law  and  shall  be used for
    18  research and education programs undertaken pursuant to  section  ninety-
    19  seven-qqqq of the state finance law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11305-02-6

        A. 8165--A                          2
     1    §  2. The state finance law is amended by adding a new section 97-qqqq
     2  to read as follows:
     3    §  97-qqqq.  Cystic fibrosis research and education fund.  1. There is
     4  hereby established in the joint custody of the commissioner of  taxation
     5  and finance and the comptroller a fund to be known as the "cystic fibro-
     6  sis research and education fund".
     7    2.  Such  fund  shall  consist  of  all  revenues received pursuant to
     8  section four hundred four-bb of the vehicle and  traffic  law,  and  all
     9  other  moneys  appropriated,  credited  or  transferred thereto from any
    10  other fund or source pursuant to law. Nothing contained in this  section
    11  shall prevent the state from receiving grants, gifts or bequests for the
    12  purposes of the fund as defined in this section and depositing them into
    13  the fund according to law.
    14    2-a. On or before the first day of February each year, the comptroller
    15  shall certify to the governor, temporary president of the senate, speak-
    16  er  of  the assembly, chair of the senate finance committee and chair of
    17  the assembly ways and means committee, the amount of money deposited  in
    18  the  cystic  fibrosis  research  and education fund during the preceding
    19  calendar year as the result of revenue derived pursuant to section  four
    20  hundred  four-bb  of  the vehicle and traffic law and from grants, gifts
    21  and bequests.
    22    2-b. On or before the first day of February each year, the commission-
    23  er of health shall provide a written report to the  temporary  president
    24  of  the  senate,  speaker  of  the assembly, chair of the senate finance
    25  committee, chair of the assembly ways and means committee, chair of  the
    26  senate  committee on health, chair of the assembly health committee, the
    27  state comptroller and the public. Such  report  shall  include  how  the
    28  monies of the fund were utilized during the preceding calendar year, and
    29  shall include:
    30    (i)  the amount of money disbursed from the fund and the award process
    31  used for such disbursements;
    32    (ii) recipients of awards from the fund;
    33    (iii) the amount awarded to each;
    34    (iv) the purposes for which such awards were granted; and
    35    (v) a summary financial plan for such moneys which shall include esti-
    36  mates of all receipts and all disbursements for the current and succeed-
    37  ing fiscal years, along with the actual results from  the  prior  fiscal
    38  year.
    39    3.  Moneys  of  the  fund  shall  be expended only for cystic fibrosis
    40  research projects and cystic fibrosis education projects approved by the
    41  department of health in New York state. As used  in  this  section,  the
    42  term  "cystic  fibrosis  research  project"  means  scientific  research
    43  approved by the department of health into the causes and/or treatment of
    44  cystic fibrosis, and the term "cystic fibrosis education project"  means
    45  a  project  approved  by the department of health aimed toward educating
    46  the general public about the causes, symptoms, and treatment  of  cystic
    47  fibrosis.
    48    4.  Moneys  shall be payable from the fund on the audit and warrant of
    49  the comptroller on vouchers approved and certified by  the  commissioner
    50  of health.
    51    5.  To the extent practicable, the commissioner of health shall ensure
    52  that all moneys received during a fiscal year are expended prior to  the
    53  end of that fiscal year.
    54    §  3. 1. A distinctive plate established pursuant to section 404-bb of
    55  the vehicle and traffic law shall only be designed, produced and  issued
    56  upon  the  delivery to the department of motor vehicles of a surety bond

        A. 8165--A                          3
     1  in the amount of six thousand dollars, which  shall  be  executed  by  a
     2  surety  company  authorized  by  the department of financial services to
     3  transact business in this state. Provided, however, that if the  commis-
     4  sioner  of  motor  vehicles  shall  have received prior to plate design,
     5  production and issuance at least two hundred orders for such distinctive
     6  plate together with the additional annual service charge  applicable  to
     7  each  such  order,  which  shall  be non-refundable, no such surety bond
     8  shall be required.  All  service  charges  collected  pursuant  to  this
     9  section  shall be deposited pursuant to the provisions of section 404-oo
    10  of the vehicle and traffic law to the credit of the department of  motor
    11  vehicles  distinctive plate development fund established by section 95-g
    12  of the state finance law and shall be used for the  design,  production,
    13  advertising and distribution of distinctive license plates in accordance
    14  with such section 95-g.
    15    2.  If, upon the expiration of two years following the date upon which
    16  distinctive plates in the  series  are  first  available  for  sale  two
    17  hundred  or more sets of such plates are sold, a bond delivered pursuant
    18  to this section shall be discontinued. If fewer than two hundred sets of
    19  such plates are sold by such time,  the  department  of  motor  vehicles
    20  shall be entitled to recover against the bond in an amount proportionate
    21  to such shortfall.
    22    § 4. This act shall take effect on the one hundred eightieth day after
    23  it  shall  have  become  a law; provided, however, that section three of
    24  this act shall take effect immediately; and  provided  further,  however
    25  that effective immediately, the addition, amendment and/or repeal of any
    26  rule  or  regulation necessary for the implementation of this act on its
    27  effective date are authorized and directed to be made and  completed  on
    28  or before such effective date.
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