Section 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.
    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.