Bill Text: NY S08020 | 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: Slight Partisan Bill (Republican 10-4)

Status: (Introduced - Dead) 2018-06-11 - PRINT NUMBER 8020A [S08020 Detail]

Download: New_York-2017-S08020-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8020--A
                    IN SENATE
                                     March 20, 2018
                                       ___________
        Introduced  by  Sens.  O'MARA,  ADDABBO, CROCI, FUNKE, GALLIVAN, GOLDEN,
          HELMING, KENNEDY, LARKIN, MARCHIONE, PERALTA, VALESKY, YOUNG  --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Transportation -- reported favorably from said  committee
          and  committed  to  the  Committee on Finance -- 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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15111-04-8

        S. 8020--A                          2
     1    §  93-aa. Disaster relief and emergency preparedness fund. 1. There is
     2  hereby established in the joint custody of the commissioner of  taxation
     3  and  finance  and  the  comptroller,  a  special fund to be known as the
     4  "disaster relief and emergency preparedness fund".
     5    2.  Such fund shall consist of all revenues received by the department
     6  of motor vehicles pursuant to section four hundred four-ee of the  vehi-
     7  cle and traffic law, as added by the chapter of the laws of two thousand
     8  eighteen  that  added  this  section, and all other moneys appropriated,
     9  credited, or transferred thereto from any other fund or source  pursuant
    10  to  law.  Nothing contained in this section shall prevent the state from
    11  receiving grants, gifts or bequests for the  purposes  of  the  fund  as
    12  defined  in  this section and depositing them into the fund according to
    13  law. Any interest received by the comptroller on moneys  on  deposit  in
    14  such fund shall be retained in and become part of such fund.
    15    2-a. On or before the first day of February each year, the commission-
    16  er  of  the  division  of homeland security and emergency services shall
    17  provide a written report to  the  temporary  president  of  the  senate,
    18  speaker of the assembly, chair of the senate finance committee, chair of
    19  the  assembly ways and means committee, chair of the senate committee on
    20  investigations  and  governmental  operations,  chair  of  the  assembly
    21  governmental operations committee, the state comptroller and the public.
    22  Such  report  shall  include  how  the  monies of the fund were utilized
    23  during the preceding calendar year, and shall include:
    24    (a) the amount of money dispersed from the fund and the award  process
    25  used for such disbursements;
    26    (b) recipients of awards from the fund;
    27    (c) the amount awarded to each;
    28    (d) the purposes for which such awards were granted; and
    29    (e) a summary financial plan for such monies which shall include esti-
    30  mates of all receipts and all disbursements for the current and succeed-
    31  ing  fiscal  years,  along with the actual results from the prior fiscal
    32  year.
    33    3. Moneys in such fund shall be expended only  to  provide  grants  to
    34  emergency  services  organizations for the purpose of developing, imple-
    35  menting, and executing  disaster  preparedness  and  emergency  response
    36  programs  approved  by  the  division of homeland security and emergency
    37  services. For the purposes of this section, the term "emergency services
    38  organization" shall have the same meaning as such  term  is  defined  by
    39  subdivision two of section twenty of the executive law.
    40    4.  Monies  shall be payable from the fund on the audit and warrant of
    41  the comptroller on vouchers approved and certified by  the  commissioner
    42  of the division of homeland security and emergency services.
    43    5.  To  the  extent  practicable,  the commissioner of the division of
    44  homeland security and emergency services shall ensure  that  all  monies
    45  received  during  a  fiscal  year  are expended prior to the end of that
    46  fiscal year.
    47    § 3. 1. A distinctive plate established pursuant to section 404-ee  of
    48  the  vehicle and traffic law shall only be designed, produced and issued
    49  upon the delivery to the department of motor vehicles of a  surety  bond
    50  in  the  amount  of  six  thousand dollars, which shall be executed by a
    51  surety company authorized by the department  of  financial  services  to
    52  transact  business in this state. Provided, however, that if the commis-
    53  sioner of motor vehicles shall have  received  prior  to  plate  design,
    54  production and issuance at least two hundred orders for such distinctive
    55  plate  together  with the additional annual service charge applicable to
    56  each such order, which shall be  non-refundable,  no  such  surety  bond

        S. 8020--A                          3
     1  shall  be  required.  All  service  charges  collected  pursuant to this
     2  section shall be deposited pursuant to the provisions of section  404-oo
     3  of  the vehicle and traffic law to the credit of the department of motor
     4  vehicles  distinctive plate development fund established by section 95-g
     5  of the state finance law and shall be used for the  design,  production,
     6  advertising and distribution of distinctive license plates in accordance
     7  with such section 95-g.
     8    2.  If, upon the expiration of two years following the date upon which
     9  distinctive plates in the series  are  first  available  for  sale,  two
    10  hundred  or more sets of such plates are sold, a bond delivered pursuant
    11  to this section shall be discontinued. If fewer than two hundred sets of
    12  such plates are sold by such time,  the  department  of  motor  vehicles
    13  shall be entitled to recover against the bond in an amount proportionate
    14  to such shortfall.
    15    § 4. This act shall take effect on the one hundred eightieth day after
    16  it  shall  have  become  a law; provided, however, that section three of
    17  this act shall take effect immediately; and  provided  further,  however
    18  that effective immediately, the addition, amendment and/or repeal of any
    19  rule  or  regulation necessary for the implementation of this act on its
    20  effective date are authorized and directed to be made and  completed  on
    21  or before such effective date.
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