N.Y. State Finance Law § 97-yy: Breast cancer research and education fund

§ 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.