S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1703
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 404-y to read as follows:
   §  404-Y.  DISTINCTIVE  LUPUS  AWARENESS LICENSE PLATES. 1. ANY PERSON
 RESIDING IN THIS STATE SHALL, UPON  REQUEST,  BE  ISSUED  A  DISTINCTIVE
 LICENSE  PLATE  IN  SUPPORT  OF LUPUS AWARENESS AND RESEARCH BEARING THE
 PHRASE "LUPUS AWARENESS".  APPLICATION FOR SAID LICENSE PLATE  SHALL  BE
 FILED  WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER
 SHALL PRESCRIBE.
   2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN THE SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT  OF  THE  REGULAR
 REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE;
 PROVIDED,  HOWEVER,  THAT AN ADDITIONAL ANNUAL SERVICE CHARGE OF TWENTY-
 FIVE DOLLARS SHALL BE CHARGED FOR SUCH PLATES.
   3. EACH TWENTY-FIVE DOLLARS RECEIVED  AS  THE  ANNUAL  SERVICE  CHARGE
 UNDER  THIS  SECTION  SHALL  BE  DEPOSITED  TO  THE CREDIT OF THE "LUPUS
 RESEARCH AND EDUCATION FUND" ESTABLISHED PURSUANT TO SECTION NINETY-SEV-
 EN-PPPP OF THE STATE FINANCE LAW AND SHALL  BE  USED  FOR  RESEARCH  AND
 EDUCATION  PROGRAMS  UNDERTAKEN PURSUANT TO SECTION NINETY-SEVEN-PPPP OF
 THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section  97-pppp
 to read as follows:
   §  97-PPPP.  LUPUS  RESEARCH  AND EDUCATION FUND.   1. THERE IS HEREBY
 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
 
 FINANCE  AND  THE  COMPTROLLER A FUND TO BE KNOWN AS THE "LUPUS RESEARCH
 AND EDUCATION FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL  REVENUES RECEIVED PURSUANT TO
 SECTION FOUR HUNDRED FOUR-Y OF THE VEHICLE  AND  TRAFFIC  LAW,  AND  ALL
 OTHER  MONEYS  APPROPRIATED,  CREDITED  OR  TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
 THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED  IN
 THE LUPUS RESEARCH AND EDUCATION FUND DURING THE PRECEDING CALENDAR YEAR
 AS THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION FOUR HUNDRED FOUR-Y
 OF THE VEHICLE AND TRAFFIC LAW AND FROM GRANTS, GIFTS AND BEQUESTS.
   2-B. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
 ER  OF  HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT
 OF THE SENATE, SPEAKER OF THE ASSEMBLY,  CHAIR  OF  THE  SENATE  FINANCE
 COMMITTEE,  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE
 SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE,  THE
 STATE  COMPTROLLER  AND  THE  PUBLIC.  SUCH REPORT SHALL INCLUDE HOW THE
 MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND
 SHALL INCLUDE:
   (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
 YEAR.
   3. MONEYS OF THE FUND  SHALL  BE  EXPENDED  ONLY  FOR  LUPUS  RESEARCH
 PROJECTS  AND  LUPUS  EDUCATION  PROJECTS  APPROVED BY THE DEPARTMENT OF
 HEALTH IN NEW YORK STATE. AS USED  IN  THIS  SECTION,  THE  TERM  "LUPUS
 RESEARCH  PROJECT"  MEANS SCIENTIFIC RESEARCH APPROVED BY THE DEPARTMENT
 OF HEALTH INTO THE CAUSES AND/OR TREATMENT OF LUPUS, AND THE TERM "LUPUS
 EDUCATION PROJECT" MEANS A PROJECT APPROVED BY THE DEPARTMENT OF  HEALTH
 AIMED  TOWARD  EDUCATING  THE GENERAL PUBLIC ABOUT THE CAUSES, SYMPTOMS,
 AND TREATMENT OF LUPUS.
   4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
 THAT  ALL MONEYS RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   § 3. 1. A distinctive plate established pursuant to section  404-y  of
 the  vehicle and traffic law shall only be designed, produced and issued
 upon the delivery to the department of motor vehicles of a  surety  bond
 in  the  amount  of  six  thousand dollars, which shall be executed by a
 surety company authorized by the department  of  financial  services  to
 transact  business in this state. Provided, however, that if the commis-
 sioner of motor vehicles shall have  received  prior  to  plate  design,
 production and issuance at least two hundred orders for such distinctive
 plate  together  with the additional annual service charge applicable to

 S. 1703                             3
 
 each such order, which shall be  non-refundable,  no  such  surety  bond
 shall  be  required.  All  service  charges  collected  pursuant to this
 section shall be deposited pursuant to the provisions of section  404-oo
 of  the vehicle and traffic law to the credit of the department of motor
 vehicles distinctive plate development fund established by section  95-g
 of  the  state finance law and shall be used for the design, production,
 advertising and distribution of distinctive license plates in accordance
 with such section 95-g.
   2. If, upon the expiration of two years following the date upon  which
 distinctive  plates  in  the  series  are  first  available for sale two
 hundred or more sets of such plates are sold, a bond delivered  pursuant
 to this section shall be discontinued. If fewer than two hundred sets of
 such  plates  are  sold  by  such time, the department of motor vehicles
 shall be entitled to recover against the bond in an amount proportionate
 to such shortfall.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however,  that  section  three  of
 this  act  shall  take effect immediately; and provided further, however
 that effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective  date  are authorized and directed to be made and completed on
 or before such effective date.