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S01703 Summary:

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S01703 Memo:

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S01703 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1703
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    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  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.
                                                                   LBD05837-01-7
        S. 1703                             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 to
        S. 1703                             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.