N.Y. State Finance Law § 95-e: New York State prostate and testicular cancer research and education fund

* § 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