§ 95-I — New York state ALS research and education fund

§ 95-i. New York state ALS research and education fund. 1. There is\nhereby established in the joint custody of the commissioner of taxation\nand finance and the comptroller, a special fund to be known as the New\nYork state ALS (Amyotrophic Lateral Sclerosis) research and education\nfund.\n 2. Such fund shall consist of all revenues received pursuant to the\nprovisions of sections two hundred nine-L and six hundred thirty-f of\nthe tax law, all revenues received pursuant to appropriations by the\nlegislature, and all moneys appropriated, credited, or transferred\nthereto from any other fund or source pursuant to law. Nothing contained\nin this section shall prevent the state from receiving grants, gifts or\nbequests for the purposes of the fund as defined in this section and\ndepositing them into the fund according to law. Any interest received by\nthe comptroller on moneys on deposit in such fund shall be retained in\nand become part of such fund.\n 3. Moneys of the fund shall be expended by the department of health\nonly to provide grants to the Greater New York ALS Association and the\nALS Association Upstate New York Chapter, not-for-profit corporations\nestablished in this state which are incorporated for the purpose of\nadvancing and financing ALS research and education projects, provided\nthat moneys of the fund shall be expended only in support of the Greater\nNew York ALS Association's ALSA Certified Treatment Centers of\nExcellence located in New York state or otherwise in support of the\nGreater New York ALS Association's work in New York state.\n 4. On or before the first day of February each year, the comptroller\nshall certify to the governor, temporary president of the senate,\nspeaker of the assembly, chair of the senate finance committee and chair\nof the assembly ways and means committee, the amount of money deposited\nby source in the New York state ALS research and education fund during\nthe preceding calendar year as the result of revenue derived pursuant to\nsections two hundred nine-L and six hundred thirty-f of the tax law and\nfrom all other sources, as well as all disbursements from the New York\nstate ALS research and education fund during the preceding calendar\nyear. The commissioner of health shall expend funds in the year in which\nthey were donated to the extent practicable. In the event that any such\nfunds were not expended in the year in which they were donated, the\ncommissioner of health shall provide justification, along with a\nremedial plan to ensure the timely and effective use of the funds in the\nannual report to the governor, temporary president of the senate,\nspeaker of the assembly, chair of the senate finance committee and chair\nof the assembly ways and means committee.\n 5. As a condition of receiving grants from the fund, the Greater New\nYork ALS Association and the ALS Association Upstate New York Chapter\nshall agree to issue and shall issue, on or before the first day of\nFebruary each year, a report including, but not limited to, financial\nstatements, financial reports and reports on the issuance of grants.\nSuch reports shall be delivered to the governor and the chairs of the\nsenate finance committee and the assembly ways and means committee and\nshall also be made available to the public. Such financial statements\nand reports shall be audited by a nationally recognized accounting firm.\n 6. Moneys shall be payable from the fund to the Greater New York ALS\nAssociation and the ALS Association Upstate New York Chapter, with\nsixty-five percent of moneys in the fund to be allocated to the Greater\nNew York ALS Association and thirty-five percent of moneys in the fund\nto be allocated to the ALS Association Upstate New York Chapter on an\nannual basis, on the audit and warrant of the comptroller on vouchers\ncertified and approved by the commissioner of health.\n