2023 New York Laws › STF - State Finance › Article 6 - Funds of the State › 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