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. LBD11305-02-6A. 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 bondA. 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.