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Board Statutes

Chapter 338, Laws of 1998, as Amended by Chapter 612, Laws of 1999

Title IV, § 250. Spinal Cord Injury Research Board.
  1. A spinal cord injury research board is hereby created within the department for the purpose of administering spinal cord injury research projects and administering the spinal cord injury research trust fund created pursuant to section ninety-nine-f of the state finance law. The purpose of research projects administered by the board shall be neurological research towards a cure for such injuries and their effects. The members of the spinal cord injury research board shall include but not be limited to representatives of the following fields: neuroscience, neurology, neuro-surgery, neuro-pharmacology, and spinal cord rehabilitative medicine. The board shall be composed of thirteen members, seven of whom shall be appointed by the governor, two of whom shall be appointed by the temporary president of the senate, two of whom shall be appointed by the speaker of the assembly, one of whom shall be appointed by the minority leader of the senate, and one of whom shall be appointed by the minority leader of the assembly.
  2. Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties pursuant to section two hundred fifty-one of this title.
  3. The terms of board members shall be four years commencing January first, nineteen hundred ninety-nine.
  4. At the end of a term, a member shall continue to serve until a successor is appointed. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed. A member who serves two consecutive full four year terms shall not be eligible for reappointment for four years after completion of those terms.
  5. A majority of the full authorized membership of the board shall constitute a quorum.
  6. One member of the board shall be chosen by the governor to serve as chairperson.
  7. Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, and other matters necessary to carry out the intent of this title.
  8. Members of the board shall be indemnified pursuant to section seventeen of the public officers law.

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Title IV, § 251. Powers and Duties.

The spinal cord injury research board created pursuant to section two hundred fifty of this title shall:

  1. Formulate policies and procedures necessary to carry out the provisions of this title;
  2. Solicit, receive, and review applications from public and private agencies and organizations and qualified research institutions for grants from the spinal cord injury research trust fund, created pursuant to section ninety-nine-f of the state finance law, to conduct research programs which focus on the treatment and cure of spinal cord injury. The board shall make recommendations to the commissioner, and the commissioner shall, in his or her discretion, grant approval of applications for grants from those applications recommended by the board.
  3. Ensure that state funds, appropriated for spinal cord injury research are not diverted to any other use; and
  4. Provide the governor and the legislature an annual report by January thirty-first of each year succeeding the year in which this title shall take effect setting forth the status of funds appropriated for spinal cord injury research and the progress of the Board in terms of the results of its spinal cord injury research efforts.

§ 3. Article 2, section 17 of the public officers law is amended by adding a new paragraph (m) to read as follows:

(m) For the purposes of this section, the term "employee" shall include the members of the spinal cord injury research board within the department of health.

§ 4. Notwithstanding any inconsistent provisions of law to the contrary, effective April 1, 1999, an amount not to exceed $8,500,000 shall be annually transferred from the general fund out of the mandatory surcharges collected pursuant to subdivision 1 of section 1809 of the vehicle and traffic law to the spinal cord injury research trust fund held by the state comptroller pursuant to section 99-f of the state finance law which monies shall then be deposited to the credit of the spinal cord injury research trust fund pursuant to section 99-f of the state finance law. Each such payment shall be accompanied by a true and complete report in such form and detail as the comptroller shall prescribe. Nothing contained in this section shall be construed to authorize the transfer to the spinal cord injury research trust fund of any monies collected under section 1809 of the vehicle and traffic law that are otherwise authorized to be deposited to the credit of the criminal justice improvement account established pursuant to section 97-bb of the state finance law.

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§ 5. Article VI of the state finance law is amended by adding a new section 99-f to read as follows:

§ 99-f. Spinal cord injury research trust fund.
  1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special revenue fund to be known as the "spinal cord injury research trust fund."
  2. The fund shall consist of all monies appropriated for its purpose, all monies required by this section or any other provision of law to be paid into or credited to such fund, and monies in an amount not to exceed eight million five hundred thousand dollars collected by the mandatory surcharges imposed pursuant to subdivision one of section eighteen hundred nine of the vehicle and traffic law. Nothing contained herein shall prevent the department of health 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.
  3. Monies of the fund, when allocated, shall be available for administrative costs of the spinal cord injury research board established pursuant to title four of article two of the public health law and for funding spinal cord injury research projects administered by such board.
  4. Monies shall be payable from the fund on the audit and warrant of the state comptroller on vouchers approved and certified by the commissioner of health.

§ 6. This act shall take effect January 1, 1999

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