S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8574
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 404-ff to read as follows:
   §  404-FF.  DISTINCTIVE  "EPILEPSY  AWARENESS"  LICENSE PLATES. 1. ANY
 PERSON RESIDING IN THIS STATE SHALL UPON REQUEST BE ISSUED A DISTINCTIVE
 "EPILEPSY AWARENESS" LICENSE PLATE OF A DESIGN APPROVED BY  THE  COMMIS-
 SIONER.  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 THE PAYMENT OF THE REGU-
 LAR 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.  ALL  MONIES
 RECEIVED AS THE ANNUAL SERVICE CHARGE UNDER THIS SECTION SHALL BE DEPOS-
 ITED  TO  THE  CREDIT  OF  THE  NEW YORK STATE "EPILEPSY AWARENESS FUND"
 ESTABLISHED PURSUANT TO SECTION NINETY-NINE-RR OF THE STATE FINANCE  LAW
 AND  SHALL BE USED FOR RESEARCH AND EDUCATION PROGRAMS UNDERTAKEN PURSU-
 ANT TO ARTICLE TWENTY-SEVEN-CCCC OF THE  PUBLIC  HEALTH  LAW.  PROVIDED,
 HOWEVER  THAT ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION FUNDS IN
 THE AMOUNT OF TEN THOUSAND DOLLARS, OR SO MUCH THEREOF AS MAY BE  AVAIL-
 ABLE,  SHALL  BE  ALLOCATED TO THE DEPARTMENT TO OFFSET COSTS ASSOCIATED
 WITH THE PRODUCTION OF SUCH LICENSE PLATES.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   § 99-RR. THE NEW YORK STATE "EPILEPSY AWARENESS  FUND".  1.  THERE  IS
 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
 A. 8574                             2
 
 AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS  THE  NEW
 YORK STATE "EPILEPSY AWARENESS FUND".
   2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
 PROVISIONS OF SECTION FOUR HUNDRED FOUR-FF 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  HEREIN
 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.
   3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR EPILEPSY RESEARCH AND
 EDUCATION  PROGRAMS.  AS  USED  IN  THIS SECTION, "EPILEPSY RESEARCH AND
 EDUCATION PROGRAMS" MEANS SCIENTIFIC RESEARCH  OR  EDUCATIONAL  PROGRAMS
 WHICH,  PURSUANT  TO ARTICLE TWENTY-SEVEN-CCCC OF THE PUBLIC HEALTH LAW,
 ARE APPROVED BY THE DEPARTMENT OF HEALTH.
   4. MONIES 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 MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   § 3. The public health law is amended by adding a new article  27-CCCC
 to read as follows:
                              ARTICLE 27-CCCC
                   EPILEPSY RESEARCH AND EDUCATION PROGRAM
 SECTION 2748. SPECIAL PROGRAMS WITH RESPECT TO EPILEPSY.
   §  2748.  SPECIAL  PROGRAMS WITH RESPECT TO EPILEPSY. THE COMMISSIONER
 SHALL ESTABLISH WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE RESEARCH  AND
 PATIENT  EDUCATION REGARDING EPILEPSY. TO CARRY OUT THE PURPOSES OF THIS
 SECTION, THE COMMISSIONER SHALL:
   1. PROMOTE SCIENTIFIC  INVESTIGATIONS  WITH  RESPECT  TO  THE  CAUSES,
 PREVENTION AND TREATMENT OF EPILEPSY;
   2.  PROMOTE  PATIENT EDUCATION PROGRAMS DESIGNED TO RAISE AWARENESS OF
 EPILEPSY AND REDUCE OR PREVENT THE INCIDENCE AND SEVERITY  OF  SEIZURES.
 SUCH  PATIENT  EDUCATION  PROGRAMS  SHALL  ALSO  INCLUDE  INFORMATION ON
 SEIZURE RECOGNITION AND FIRST AID;
   3. ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER  FUNDS  OR  APPROPRI-
 ATIONS  AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
 TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE  FUNDS
 BY THE STATE FINANCE LAW; AND
   4.  ENTER  INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS MAY
 BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 4. 1. A distinctive plate established pursuant to section 404-ff  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
 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,
 A. 8574                             3
 
 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.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one, two, and three of this act shall take effect on the  nine-
 tieth  day  after it shall have become a law. 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
 to be made and completed on or before such effective date.