Bill Text: NY S04013 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to the issuance of distinctive Down's syndrome awareness license plates and the creation of the "Down's syndrome research fund".

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-06-04 - SUBSTITUTED BY A5305B [S04013 Detail]

Download: New_York-2017-S04013-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4013--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 1, 2017
                                       ___________
        Introduced  by Sens. ADDABBO, MARCHIONE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee  on  Transporta-
          tion  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
          -- reported favorably from said committee and committed to the Commit-
          tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to amend the vehicle and traffic law and the state finance law,
          in relation to the issuance of distinctive Down's  syndrome  awareness
          license plates and the creation of the "Down's syndrome research 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  Down's syndrome awareness license plates.  1.
     4  Any person residing in this state  shall,  upon  request,  be  issued  a
     5  distinctive  license  plate  in support of Down's syndrome awareness and
     6  research bearing the phrase "Down's Syndrome Awareness"  and  any  other
     7  phrases  and  design approved by the commissioner.  Application for said
     8  license plate shall be filed with the  commissioner  in  such  form  and
     9  detail as the commissioner shall prescribe.
    10    2. A distinctive plate issued pursuant to this section shall be issued
    11  in  the same manner as other number plates upon the payment of the regu-
    12  lar registration fee prescribed by section  four  hundred  one  of  this
    13  article;  provided, however, that an additional annual service charge of
    14  twenty-five dollars shall be charged for such plates.
    15    3. Each twenty-five dollars received  as  the  annual  service  charge
    16  under  this  section  shall  be  deposited  to the credit of the "Down's
    17  syndrome research fund" established pursuant to  section  ninety-nine-ee
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09103-05-8

        S. 4013--B                          2
     1  of  the  state  finance  law  and  shall be used for research undertaken
     2  pursuant to section ninety-nine-ee of the state finance law.
     3    § 2. The state finance law is amended by adding a new section 99-ee to
     4  read as follows:
     5    § 99-ee. Down's syndrome research fund. 1. There is hereby established
     6  in the joint custody of the commissioner of taxation and finance and the
     7  comptroller a fund to be known as the "Down's syndrome research fund".
     8    2.  Such  fund  shall  consist  of  all  revenues received pursuant to
     9  section four hundred four-ee of the vehicle  and  traffic  law  and  all
    10  other  moneys  appropriated,  credited  or  transferred thereto from any
    11  other fund or source pursuant to law.  Nothing contained in this section
    12  shall prevent the state from receiving grants, gifts or bequests for the
    13  purposes of the fund as defined in this section and depositing them into
    14  the fund according to law.
    15    2-a. On or before the first day of February each year, the comptroller
    16  shall certify to the governor, temporary president of the senate, speak-
    17  er of the assembly, chair of the senate finance committee and  chair  of
    18  the  assembly ways and means committee, the amount of money deposited in
    19  the Down's syndrome research fund during the preceding calendar year  as
    20  the  result  of revenue derived pursuant to section four hundred four-ee
    21  of the vehicle and traffic law and from grants, gifts and bequests.
    22    2-b. On or before the first day of February each year, the commission-
    23  er of the  office  for  people  with  developmental  disabilities  shall
    24  provide  a  written  report  to  the  temporary president of the senate,
    25  speaker of the assembly, chair of the senate finance committee, chair of
    26  the assembly ways and means committee, chair of the senate committee  on
    27  mental  health  and  developmental  disabilities,  chair of the assembly
    28  committee on mental health, the state comptroller and the  public.  Such
    29  report shall include how the monies of the fund were utilized during the
    30  preceding calendar year, and shall include:
    31    (i)  the amount of money disbursed from the fund and the award process
    32  used for such disbursements;
    33    (ii) recipients of awards from the fund;
    34    (iii) the amount awarded to each;
    35    (iv) the purposes for which such awards were granted; and
    36    (v) a summary financial plan for such monies which shall include esti-
    37  mates of all receipts and all disbursements for the current and succeed-
    38  ing fiscal years, along with the actual results from  the  prior  fiscal
    39  year.
    40    3.  Monies  of  the  fund  shall  be expended only for Down's syndrome
    41  research projects approved by the office for people  with  developmental
    42  disabilities  in  New  York  state.  As  used  in this section, the term
    43  "Down's syndrome research project" means scientific research approved by
    44  the office for people with developmental disabilities into  the  causes,
    45  prevention, screening, treatment and cure of Down's syndrome.
    46    4.  Monies  shall be payable from the fund on the audit and warrant of
    47  the comptroller on vouchers approved and certified by  the  commissioner
    48  of the office for people with developmental disabilities.
    49    5.  To  the  extent  practicable,  the  commissioner of the office for
    50  people with developmental disabilities  shall  ensure  that  all  monies
    51  received  during  a  fiscal  year  are expended prior to the end of that
    52  fiscal year.
    53    § 3. 1. A distinctive plate established pursuant to section 404-ee  of
    54  the  vehicle and traffic law shall only be designed, produced and issued
    55  upon the delivery to the department of motor vehicles of a  surety  bond
    56  in  the  amount  of  six  thousand dollars, which shall be executed by a

        S. 4013--B                          3
     1  surety company authorized by the department  of  financial  services  to
     2  transact  business in this state. Provided, however, that if the commis-
     3  sioner of motor vehicles shall have  received  prior  to  plate  design,
     4  production and issuance at least two hundred orders for such distinctive
     5  plate  together  with the additional annual service charge applicable to
     6  each such order, which shall be  non-refundable,  no  such  surety  bond
     7  shall  be  required.  All  service  charges  collected  pursuant to this
     8  section shall be deposited pursuant to the provisions of section  404-oo
     9  of  the vehicle and traffic law to the credit of the department of motor
    10  vehicles distinctive plate development fund established by section  95-g
    11  of  the  state finance law and shall be used for the design, production,
    12  advertising and distribution of distinctive license plates in accordance
    13  with such section 95-g.
    14    2. If, upon the expiration of two years following the date upon  which
    15  distinctive  plates  in  the  series  are  first  available for sale two
    16  hundred or more sets of such plates are sold, a bond delivered  pursuant
    17  to this section shall be discontinued. If fewer than two hundred sets of
    18  such  plates  are  sold  by  such time, the department of motor vehicles
    19  shall be entitled to recover against the bond in an amount proportionate
    20  to such shortfall.
    21    § 4. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law; provided, however that section two  of  this
    23  act  shall  take  effect immediately; and provided further, however that
    24  effective immediately, the addition, amendment and/or repeal of any rule
    25  or regulation necessary for the implementation of this act on its effec-
    26  tive date are authorized and directed to be made  and  completed  on  or
    27  before such effective date.
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