STATE OF NEW YORK
        ________________________________________________________________________

                                          8574

                   IN ASSEMBLY

                                    January 12, 2024
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law, the state finance law,  and
          the  public  health  law,  in relation to issuing distinctive epilepsy
          awareness license plates and establishing an epilepsy  awareness  fund
          and an epilepsy research and education program

          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-ff to read as follows:
     3    §  404-ff.  Distinctive  "epilepsy  awareness"  license plates. 1. Any
     4  person residing in this state shall upon request be issued a distinctive
     5  "epilepsy awareness" license plate of a design approved by  the  commis-
     6  sioner.  Application  for  said  license  plate  shall be filed with the
     7  commissioner  in  such  form  and  detail  as  the  commissioner   shall
     8  prescribe.
     9    2. A distinctive plate issued pursuant to this section shall be issued
    10  in  the same manner as other number plates upon the payment of the regu-
    11  lar registration fee prescribed by section  four  hundred  one  of  this
    12  article  provided,  however, that an additional annual service charge of
    13  twenty-five dollars  shall  be  charged  for  such  plates.  All  monies
    14  received as the annual service charge under this section shall be depos-
    15  ited  to  the  credit  of  the  New York state "epilepsy awareness fund"
    16  established pursuant to section ninety-nine-rr of the state finance  law
    17  and  shall be used for research and education programs undertaken pursu-
    18  ant to article twenty-seven-CCCC of the  public  health  law.  Provided,
    19  however  that one year after the effective date of this section funds in
    20  the amount of ten thousand dollars, or so much thereof as may be  avail-
    21  able,  shall  be  allocated to the department to offset costs associated
    22  with the production of such license plates.
    23    § 2. The state finance law is amended by adding a new section 99-rr to
    24  read as follows:
    25    § 99-rr. The New York state "epilepsy awareness  fund".  1.  There  is
    26  hereby  established in the joint custody of the commissioner of taxation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11794-03-3

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     1  and finance and the comptroller, a special fund to be known as  the  New
     2  York state "epilepsy awareness fund".
     3    2.  Such  fund  shall consist of all revenues received pursuant to the
     4  provisions of section four hundred four-ff of the  vehicle  and  traffic
     5  law  and all other moneys appropriated, credited, or transferred thereto
     6  from any other fund or source pursuant to law. Nothing contained  herein
     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    3. Monies of the fund shall be expended only for epilepsy research and
    11  education  programs.  As  used  in  this section, "epilepsy research and
    12  education programs" means scientific research  or  educational  programs
    13  which,  pursuant  to article twenty-seven-CCCC of the public health law,
    14  are approved by the department of health.
    15    4. Monies shall be payable from the fund on the audit and  warrant  of
    16  the  comptroller  on vouchers approved and certified by the commissioner
    17  of health.
    18    5. To the extent practicable, the commissioner of health shall  ensure
    19  that  all monies received during a fiscal year are expended prior to the
    20  end of that fiscal year.
    21    § 3. The public health law is amended by adding a new article  27-CCCC
    22  to read as follows:
    23                               ARTICLE 27-CCCC
    24                    EPILEPSY RESEARCH AND EDUCATION PROGRAM
    25  Section 2748. Special programs with respect to epilepsy.
    26    §  2748.  Special  programs with respect to epilepsy. The commissioner
    27  shall establish within the department a program to promote research  and
    28  patient  education regarding epilepsy. To carry out the purposes of this
    29  section, the commissioner shall:
    30    1. promote scientific  investigations  with  respect  to  the  causes,
    31  prevention and treatment of epilepsy;
    32    2.  promote  patient education programs designed to raise awareness of
    33  epilepsy and reduce or prevent the incidence and severity  of  seizures.
    34  Such  patient  education  programs  shall  also  include  information on
    35  seizure recognition and first aid;
    36    3. accept and expend any grants, awards or other  funds  or  appropri-
    37  ations  as may be available for these purposes subject to limitations as
    38  to the approval of expenditures and audit as prescribed for state  funds
    39  by the state finance law; and
    40    4.  enter  into contracts within the amounts available therefor as may
    41  be necessary to implement the provisions of this section.
    42    § 4. 1. A distinctive plate established pursuant to section 404-ff  of
    43  the  vehicle and traffic law shall only be designed, produced and issued
    44  upon the delivery to the department of motor vehicles of a  surety  bond
    45  in  the  amount  of  six  thousand dollars, which shall be executed by a
    46  surety company authorized by the department  of  financial  services  to
    47  transact  business in this state. Provided, however, that if the commis-
    48  sioner of motor vehicles shall have  received  prior  to  plate  design,
    49  production and issuance at least two hundred orders for such distinctive
    50  plate  together  with the additional annual service charge applicable to
    51  each such order, which shall be  non-refundable,  no  such  surety  bond
    52  shall  be  required.    All  service  charges collected pursuant to this
    53  section shall be deposited pursuant to the provisions of section  404-oo
    54  of  the vehicle and traffic law to the credit of the department of motor
    55  vehicles distinctive plate development fund established by section  95-g
    56  of  the  state finance law and shall be used for the design, production,

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     1  advertising and distribution of distinctive license plates in accordance
     2  with such section 95-g.
     3    2.  If, upon the expiration of two years following the date upon which
     4  distinctive plates in the  series  are  first  available  for  sale  two
     5  hundred  or more sets of such plates are sold, a bond delivered pursuant
     6  to this section shall be discontinued. If fewer than two hundred sets of
     7  such plates are sold by such time,  the  department  of  motor  vehicles
     8  shall be entitled to recover against the bond in an amount proportionate
     9  to such shortfall.
    10    §  5.  This act shall take effect immediately; provided, however, that
    11  sections one, two, and three of this act shall take effect on the  nine-
    12  tieth  day  after it shall have become a law. Effective immediately, the
    13  addition, amendment and/or repeal of any rule  or  regulation  necessary
    14  for  the implementation of this act on its effective date are authorized
    15  to be made and completed on or before such effective date.