S T A T E O F N E W Y O R K
________________________________________________________________________
7829
2023-2024 Regular Sessions
I N S E N A T E
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:
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11794-03-3
S. 7829 2
§ 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
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
S. 7829 3
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.
§ 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.