§ 97-yy. Breast 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 "breast
cancer research and education fund".

2. Such fund shall consist of all revenues received by the department
of taxation and finance, pursuant to the provisions of section two
hundred nine-D and section six hundred twenty-seven of the tax law, all
moneys collected 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 all other 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 sections two hundred
nine-D and six hundred twenty-seven of the tax law and 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
the amounts of moneys received and deposited into the fund from grants,
gifts and bequests 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.

2-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
in the breast cancer research and education fund during the preceding
calendar year as the result of revenue derived pursuant to sections two
hundred nine-D and six hundred twenty-seven of the tax law and 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 from grants, gifts and bequests.

2-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 the monies of the fund were utilized during the preceding
calendar year, and shall include:

(i) the amount of money dispersed 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.

3. Monies of the fund shall be expended only for breast cancer
research and educational projects. As used in this section, "breast
cancer research and education projects" means scientific research or
educational projects which, pursuant to section two thousand four
hundred eleven of the public health law, are approved by the department
of health, upon the recommendation of the health research science board.

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.