Legislation
SECTION 95-E
New York State prostate and testicular cancer research and education fund
State Finance (STF) CHAPTER 56, ARTICLE 6
* § 95-e. New York State prostate and testicular cancer research and
education 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 prostate and testicular cancer
research and education fund".
2. Such fund shall consist of all revenues received pursuant to the
provisions of section four hundred four-q of the vehicle and traffic
law, as added by chapter five hundred twenty-eight of the laws of
nineteen hundred ninety-nine, and sections two hundred nine-E and six
hundred thirty of the tax law, all revenues received pursuant to
appropriations by the legislature, and all moneys appropriated,
credited, or transferred thereto from any other fund or source pursuant
to law. For each state fiscal year, there shall be appropriated to the
fund by the state, in addition to all other moneys required to be
deposited into such fund, an amount equal to the amounts of monies
collected and deposited into the fund pursuant to section four hundred
four-q of the vehicle and traffic law, as added by chapter five hundred
twenty-eight of the laws of nineteen hundred ninety-nine, and sections
two hundred nine-E and six hundred thirty of the tax law during the
preceding calendar year, as certified by the comptroller. 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. Any interest received by
the comptroller on moneys on deposit in such fund shall be retained in
and become part of such fund.
3. (a) Moneys of the fund, following appropriation by the legislature
and allocation by the director of the budget, shall be made available to
the commissioner of health to provide grants for the purpose of
advancing and financing prostate and testicular cancer research, support
programs and education projects.
(b) Notwithstanding any inconsistent provision of section one hundred
sixty-three of the state finance law, the commissioner of health is
authorized to enter into a contract or contracts under paragraph (a) of
this subdivision without a competitive bid or request for proposal
process, provided, however, that:
(i) The department of health shall post on its website, for a period
of no less than thirty days:
(1) A description of the proposed services to be provided pursuant to
the contract or contracts;
(2) The criteria for selection of a contractor or contractors;
(3) The period of time during which a prospective contractor may seek
selection, which shall be no less than thirty days after such
information is first posted on the website; and
(4) The manner by which a prospective contractor may seek such
selection, which may include submission by electronic means;
(ii) All reasonable and responsive submissions that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner of health; and
(iii) The commissioner of health shall select such contractor or
contractors that, in his or her discretion, are best suited to serve the
purposes of this section.
4. (a) On or before the first day of February each year, the
comptroller shall certify to the governor, temporary president of the
senate, speaker of the assembly, chair of the senate finance committee
and chair of the assembly ways and means committee, the amount of money
deposited by source in the New York State prostate and testicular cancer
research and education fund during the preceding calendar year as the
result of revenue derived pursuant to section four hundred four-q of the
vehicle and traffic law, as added by chapter five hundred twenty-eight
of the laws of nineteen hundred ninety-nine, and sections two hundred
nine-E and six hundred thirty of the tax law and from all other sources.
(b) On or before the first day of February each year, the commissioner
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 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 monies which shall include
estimates of all receipts and all disbursements for the current and
succeeding fiscal years, along with the actual results from the prior
fiscal year.
5. Moneys shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved by the comptroller.
* NB There are 2 § 95-e's
education 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 prostate and testicular cancer
research and education fund".
2. Such fund shall consist of all revenues received pursuant to the
provisions of section four hundred four-q of the vehicle and traffic
law, as added by chapter five hundred twenty-eight of the laws of
nineteen hundred ninety-nine, and sections two hundred nine-E and six
hundred thirty of the tax law, all revenues received pursuant to
appropriations by the legislature, and all moneys appropriated,
credited, or transferred thereto from any other fund or source pursuant
to law. For each state fiscal year, there shall be appropriated to the
fund by the state, in addition to all other moneys required to be
deposited into such fund, an amount equal to the amounts of monies
collected and deposited into the fund pursuant to section four hundred
four-q of the vehicle and traffic law, as added by chapter five hundred
twenty-eight of the laws of nineteen hundred ninety-nine, and sections
two hundred nine-E and six hundred thirty of the tax law during the
preceding calendar year, as certified by the comptroller. 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. Any interest received by
the comptroller on moneys on deposit in such fund shall be retained in
and become part of such fund.
3. (a) Moneys of the fund, following appropriation by the legislature
and allocation by the director of the budget, shall be made available to
the commissioner of health to provide grants for the purpose of
advancing and financing prostate and testicular cancer research, support
programs and education projects.
(b) Notwithstanding any inconsistent provision of section one hundred
sixty-three of the state finance law, the commissioner of health is
authorized to enter into a contract or contracts under paragraph (a) of
this subdivision without a competitive bid or request for proposal
process, provided, however, that:
(i) The department of health shall post on its website, for a period
of no less than thirty days:
(1) A description of the proposed services to be provided pursuant to
the contract or contracts;
(2) The criteria for selection of a contractor or contractors;
(3) The period of time during which a prospective contractor may seek
selection, which shall be no less than thirty days after such
information is first posted on the website; and
(4) The manner by which a prospective contractor may seek such
selection, which may include submission by electronic means;
(ii) All reasonable and responsive submissions that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner of health; and
(iii) The commissioner of health shall select such contractor or
contractors that, in his or her discretion, are best suited to serve the
purposes of this section.
4. (a) On or before the first day of February each year, the
comptroller shall certify to the governor, temporary president of the
senate, speaker of the assembly, chair of the senate finance committee
and chair of the assembly ways and means committee, the amount of money
deposited by source in the New York State prostate and testicular cancer
research and education fund during the preceding calendar year as the
result of revenue derived pursuant to section four hundred four-q of the
vehicle and traffic law, as added by chapter five hundred twenty-eight
of the laws of nineteen hundred ninety-nine, and sections two hundred
nine-E and six hundred thirty of the tax law and from all other sources.
(b) On or before the first day of February each year, the commissioner
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 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 monies which shall include
estimates of all receipts and all disbursements for the current and
succeeding fiscal years, along with the actual results from the prior
fiscal year.
5. Moneys shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved by the comptroller.
* NB There are 2 § 95-e's