N.Y. State Finance Law § 95-i: New York state ALS research and education fund

§ 95-i. New York state ALS 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 ALS (Amyotrophic Lateral Sclerosis) research and education

fund.

2. Such fund shall consist of all revenues received pursuant to the

provisions of sections two hundred nine-L and six hundred thirty-f 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. Nothing contained

in this section 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. Moneys of the fund shall be expended by the department of health

only to provide grants to the Greater New York ALS Association and the

ALS Association Upstate New York Chapter, not-for-profit corporations

established in this state which are incorporated for the purpose of

advancing and financing ALS research and education projects, provided

that moneys of the fund shall be expended only in support of the Greater

New York ALS Association's ALSA Certified Treatment Centers of

Excellence located in New York state or otherwise in support of the

Greater New York ALS Association's work in New York state.

4. 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 ALS research and education fund during

the preceding calendar year as the result of revenue derived pursuant to

sections two hundred nine-L and six hundred thirty-f of the tax law and

from all other sources, as well as all disbursements from the New York

state ALS research and education fund during the preceding calendar

year. The commissioner of health shall expend funds in the year in which

they were donated to the extent practicable. In the event that any such

funds were not expended in the year in which they were donated, the

commissioner of health shall provide justification, along with a

remedial plan to ensure the timely and effective use of the funds in the

annual report 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.

5. As a condition of receiving grants from the fund, the Greater New

York ALS Association and the ALS Association Upstate New York Chapter

shall agree to issue and shall issue, on or before the first day of

February each year, a report including, but not limited to, financial

statements, financial reports and reports on the issuance of grants.

Such reports shall be delivered to the governor and the chairs of the

senate finance committee and the assembly ways and means committee and

shall also be made available to the public. Such financial statements

and reports shall be audited by a nationally recognized accounting firm.

6. Moneys shall be payable from the fund to the Greater New York ALS

Association and the ALS Association Upstate New York Chapter, with

sixty-five percent of moneys in the fund to be allocated to the Greater

New York ALS Association and thirty-five percent of moneys in the fund

to be allocated to the ALS Association Upstate New York Chapter on an

annual basis, on the audit and warrant of the comptroller on vouchers

certified and approved by the commissioner of health.