Bill Text: NY S07829 | 2023-2024 | General Assembly | Introduced


Bill Title: Issues distinctive epilepsy awareness license plates; establishes an epilepsy awareness fund and an epilepsy research and education program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-06-06 - referred to transportation [S07829 Detail]

Download: New_York-2023-S07829-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7829

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 20, 2023
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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.

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

        S. 7829                             2

     1    § 2. The state finance law is amended by adding a new section 99-rr to
     2  read as follows:
     3    §  99-rr.  The  New  York state "epilepsy awareness fund". 1. There is
     4  hereby established in the joint custody of the commissioner of  taxation
     5  and  finance  and the comptroller, a special fund to be known as the New
     6  York state "epilepsy awareness fund".
     7    2. Such fund shall consist of all revenues received  pursuant  to  the
     8  provisions  of  section  four hundred four-ff of the vehicle and traffic
     9  law and all other moneys appropriated, credited, or transferred  thereto
    10  from  any other fund or source pursuant to law. Nothing contained herein
    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    3. Monies of the fund shall be expended only for epilepsy research and
    15  education programs. As used in  this  section,  "epilepsy  research  and
    16  education  programs"  means  scientific research or educational programs
    17  which, pursuant to article twenty-seven-CCCC of the public  health  law,
    18  are approved by the department of health.
    19    4.  Monies  shall be payable from the fund on the audit and warrant of
    20  the comptroller on vouchers approved and certified by  the  commissioner
    21  of health.
    22    5.  To the extent practicable, the commissioner of health shall ensure
    23  that all monies received during a fiscal year are expended prior to  the
    24  end of that fiscal year.
    25    §  3. The public health law is amended by adding a new article 27-CCCC
    26  to read as follows:
    27                               ARTICLE 27-CCCC
    28                    EPILEPSY RESEARCH AND EDUCATION PROGRAM
    29  Section 2748. Special programs with respect to epilepsy.
    30    § 2748. Special programs with respect to  epilepsy.  The  commissioner
    31  shall  establish within the department a program to promote research and
    32  patient education regarding epilepsy. To carry out the purposes of  this
    33  section, the commissioner shall:
    34    1.  promote  scientific  investigations  with  respect  to the causes,
    35  prevention and treatment of epilepsy;
    36    2. promote patient education programs designed to raise  awareness  of
    37  epilepsy  and  reduce or prevent the incidence and severity of seizures.
    38  Such patient  education  programs  shall  also  include  information  on
    39  seizure recognition and first aid;
    40    3.  accept  and  expend any grants, awards or other funds or appropri-
    41  ations as may be available for these purposes subject to limitations  as
    42  to  the approval of expenditures and audit as prescribed for state funds
    43  by the state finance law; and
    44    4. enter into contracts within the amounts available therefor  as  may
    45  be necessary to implement the provisions of this section.
    46    §  4. 1. A distinctive plate established pursuant to section 404-ff of
    47  the vehicle and traffic law shall only be designed, produced and  issued
    48  upon  the  delivery to the department of motor vehicles of a surety bond
    49  in the amount of six thousand dollars, which  shall  be  executed  by  a
    50  surety  company  authorized  by  the department of financial services to
    51  transact business in this state. Provided, however, that if the  commis-
    52  sioner  of  motor  vehicles  shall  have received prior to plate design,
    53  production and issuance at least two hundred orders for such distinctive
    54  plate together with the additional annual service charge  applicable  to
    55  each  such  order,  which  shall  be non-refundable, no such surety bond
    56  shall be required.   All service  charges  collected  pursuant  to  this

        S. 7829                             3

     1  section  shall be deposited pursuant to the provisions of section 404-oo
     2  of the vehicle and traffic law to the credit of the department of  motor
     3  vehicles  distinctive plate development fund established by section 95-g
     4  of  the  state finance law and shall be used for the design, production,
     5  advertising and distribution of distinctive license plates in accordance
     6  with such section 95-g.
     7    2. If, upon the expiration of two years following the date upon  which
     8  distinctive  plates  in  the  series  are  first  available for sale two
     9  hundred or more sets of such plates are sold, a bond delivered  pursuant
    10  to this section shall be discontinued. If fewer than two hundred sets of
    11  such  plates  are  sold  by  such time, the department of motor vehicles
    12  shall be entitled to recover against the bond in an amount proportionate
    13  to such shortfall.
    14    § 5. This act shall take effect immediately; provided,  however,  that
    15  sections  one, two, and three of this act shall take effect on the nine-
    16  tieth day after it shall have become a law. Effective  immediately,  the
    17  addition,  amendment  and/or  repeal of any rule or regulation necessary
    18  for the implementation of this act on its effective date are  authorized
    19  to be made and completed on or before such effective date.
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