Bill Text: NY A10694 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to creating a distinctive disaster relief and emergency preparedness license plate and the "disaster relief and emergency preparedness fund".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-05-31 - print number 10694a [A10694 Detail]

Download: New_York-2017-A10694-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        10694--A
                   IN ASSEMBLY
                                      May 10, 2018
                                       ___________
        Introduced  by  M.  of A. LUPARDO, WILLIAMS -- read once and referred to
          the Committee on Transportation -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the vehicle and traffic law, in relation to creating the
          distinctive Red Cross Spirit of Service license plates; and  to  amend
          the  state  finance  law, in relation to the creation of the "disaster
          relief and emergency preparedness fund"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 404-ee to read as follows:
     3    § 404-ee. Distinctive "Red Cross Spirit of Service" license plates. 1.
     4  Any person residing in this state  shall,  upon  request,  be  issued  a
     5  distinctive  license  plate  in support of disaster relief and emergency
     6  preparedness bearing the phrase "Red Cross Spirit of Service".  Applica-
     7  tion for said license plate shall be filed with the commissioner in such
     8  form and detail as the commissioner shall prescribe.
     9    2. A distinctive plate issued pursuant to this section shall be issued
    10  in  the  same  manner as other number plates upon payment of the regular
    11  registration fee prescribed by section four hundred one of this article;
    12  provided, however, that an additional annual service charge  of  twenty-
    13  five dollars shall be charged for such plates.
    14    3.  Each  twenty-five  dollars  received  as the annual service charge
    15  under this section shall be deposited to the  credit  of  the  "disaster
    16  relief  and emergency preparedness fund" established pursuant to section
    17  ninety-three-aa of the state finance law and shall be used for  disaster
    18  relief  and  emergency  preparedness  programs  undertaken  pursuant  to
    19  section ninety-three-aa of the state finance law.
    20    § 2. The state finance law is amended by adding a new section 93-aa to
    21  read as follows:
    22    § 93-aa. Disaster relief and emergency preparedness fund. 1. There  is
    23  hereby  established in the joint custody of the commissioner of taxation
    24  and finance and the comptroller, a special  fund  to  be  known  as  the
    25  "disaster relief and emergency preparedness fund".
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15111-03-8

        A. 10694--A                         2
     1    2.  Such fund shall consist of all revenues received by the department
     2  of motor vehicles pursuant to section four hundred four-ee of the  vehi-
     3  cle and traffic law, as added by the chapter of the laws of two thousand
     4  eighteen  that  added  this  section, and all other moneys appropriated,
     5  credited,  or transferred thereto from any other fund or source pursuant
     6  to law. Nothing contained in this section shall prevent the  state  from
     7  receiving  grants,  gifts  or  bequests  for the purposes of the fund as
     8  defined in this section and depositing them into the fund  according  to
     9  law.  Any  interest  received by the comptroller on moneys on deposit in
    10  such fund shall be retained in and become part of such fund.
    11    2-a. On or before the first day of February each year, the commission-
    12  er of the division of homeland security  and  emergency  services  shall
    13  provide  a  written  report  to  the  temporary president of the senate,
    14  speaker of the assembly, chair of the senate finance committee, chair of
    15  the assembly ways and means committee, chair of the senate committee  on
    16  investigations  and  governmental  operations,  chair  of  the  assembly
    17  governmental operations committee, the state comptroller and the public.
    18  Such report shall include how the  monies  of  the  fund  were  utilized
    19  during the preceding calendar year, and shall include:
    20    (a)  the amount of money dispersed from the fund and the award process
    21  used for such disbursements;
    22    (b) recipients of awards from the fund;
    23    (c) the amount awarded to each;
    24    (d) the purposes for which such awards were granted; and
    25    (e) a summary financial plan for such monies which shall include esti-
    26  mates of all receipts and all disbursements for the current and succeed-
    27  ing fiscal years, along with the actual results from  the  prior  fiscal
    28  year.
    29    3.  Moneys  in  such  fund shall be expended only to provide grants to
    30  emergency services organizations for the purpose of  developing,  imple-
    31  menting,  and  executing  disaster  preparedness  and emergency response
    32  programs approved by the division of  homeland  security  and  emergency
    33  services. For the purposes of this section, the term "emergency services
    34  organization"  shall  have  the  same meaning as such term is defined by
    35  subdivision two of section twenty of the executive law.
    36    4. Monies shall be payable from the fund on the audit and  warrant  of
    37  the  comptroller  on vouchers approved and certified by the commissioner
    38  of the division of homeland security and emergency services.
    39    5. To the extent practicable, the  commissioner  of  the  division  of
    40  homeland  security  and  emergency services shall ensure that all monies
    41  received during a fiscal year are expended prior  to  the  end  of  that
    42  fiscal year.
    43    §  3. 1. A distinctive plate established pursuant to section 404-ee of
    44  the vehicle and traffic law shall only be designed, produced and  issued
    45  upon  the  delivery to the department of motor vehicles of a surety bond
    46  in the amount of six thousand dollars, which  shall  be  executed  by  a
    47  surety  company  authorized  by  the department of financial services to
    48  transact business in this state. Provided, however, that if the  commis-
    49  sioner  of  motor  vehicles  shall  have received prior to plate design,
    50  production and issuance at least two hundred orders for such distinctive
    51  plate together with the additional annual service charge  applicable  to
    52  each  such  order,  which  shall  be non-refundable, no such surety bond
    53  shall be required.  All  service  charges  collected  pursuant  to  this
    54  section  shall be deposited pursuant to the provisions of section 404-oo
    55  of the vehicle and traffic law to the credit of the department of  motor
    56  vehicles  distinctive plate development fund established by section 95-g

        A. 10694--A                         3
     1  of the state finance law and shall be used for the  design,  production,
     2  advertising and distribution of distinctive license plates in accordance
     3  with such section 95-g.
     4    2.  If, upon the expiration of two years following the date upon which
     5  distinctive plates in the series  are  first  available  for  sale,  two
     6  hundred  or more sets of such plates are sold, a bond delivered pursuant
     7  to this section shall be discontinued. If fewer than two hundred sets of
     8  such plates are sold by such time,  the  department  of  motor  vehicles
     9  shall be entitled to recover against the bond in an amount proportionate
    10  to such shortfall.
    11    § 4. This act shall take effect on the one hundred eightieth day after
    12  it  shall  have  become  a law; provided, however, that section three of
    13  this act shall take effect immediately; and  provided  further,  however
    14  that effective immediately, the addition, amendment and/or repeal of any
    15  rule  or  regulation necessary for the implementation of this act on its
    16  effective date are authorized and directed to be made and  completed  on
    17  or before such effective date.
feedback