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. LBD15111-04-8S. 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 bondS. 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.