S T A T E   O F   N E W   Y O R K
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                                 1952--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  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
  "4-H member" distinctive license plate; and to amend the state finance
  law, in relation to establishing the 4-H foundation fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 404-x to read as follows:
  S 404-X. DISTINCTIVE 4-H MEMBER LICENSE PLATES. 1. ANY PERSON RESIDING
IN  THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINCTIVE "4-H MEMBER"
LICENSE PLATE.  APPLICATION FOR SUCH LICENSE PLATE SHALL BE  FILED  WITH
THE  COMMISSIONER  IN  SUCH  FORM  AND  DETAIL AS THE COMMISSIONER SHALL
PRESCRIBE.
  2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE  REGU-
LAR  REGISTRATION  FEE  PRESCRIBED  BY  SECTION FOUR HUNDRED ONE OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE  OF
TWENTY-FIVE  DOLLARS  SHALL  BE  CHARGED  FOR  SUCH  PLATES. SUCH ANNUAL
SERVICE CHARGE SHALL BE DEPOSITED PURSUANT TO THE PROVISIONS OF  SECTION
FOUR HUNDRED FOUR-OO OF THIS ARTICLE, TO THE CREDIT OF THE DEPARTMENT OF
MOTOR VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION
NINETY-FIVE-G  OF  THE  STATE  FINANCE  LAW,  AND  SHALL BE USED FOR THE
PRODUCTION, DESIGN, ADVERTISING AND  MARKETING  OF  DISTINCTIVE  LICENSE
PLATES  PURSUANT  TO SUCH SECTION NINETY-FIVE-G; PROVIDED, HOWEVER, THAT
ANNUAL SERVICE CHARGES COLLECTED IN EXCESS OF SIX THOUSAND DOLLARS SHALL
BE DEPOSITED TO THE CREDIT OF THE NEW YORK 4-H FOUNDATION AND  SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07278-02-6

              

S. 1952--A                          2

USED  FOR FURTHERANCE OF THE 4-H PROGRAM, PURSUANT TO SECTION NINETY-SIX
OF THE STATE FINANCE LAW.
  S  2.  The  state finance law is amended by adding a new section 96 to
read as follows:
  S 96. THE 4-H FOUNDATION FUND. 1. THERE IS HEREBY ESTABLISHED, IN  THE
JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMP-
TROLLER, A SPECIAL FUND TO BE KNOWN AS THE 4-H FOUNDATION FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
PROVISIONS OF SECTION FOUR HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC LAW
AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
ANY  OTHER  FUND  OR  SOURCE PURSUANT TO LAW.  NOTHING CONTAINED IN THIS
SECTION 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.
  3. MONIES OF THE FUND SHALL BE  EXPENDED  ONLY  FOR  THE  BENEFIT  AND
PROGRAMS OF THE 4-H FOUNDATION.
  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 AGRICULTURE AND MARKETS.
  5. TO THE EXTENT POSSIBLE, THE COMMISSIONER OF AGRICULTURE AND MARKETS
SHALL  ENSURE THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED
PRIOR TO THE END OF THAT FISCAL YEAR.
  S 3. 1.  A distinctive plate established pursuant to section 404-x  of
the  vehicle and traffic law, as added by section one of this act, shall
only be designed, produced and issued upon the delivery to  the  depart-
ment  of  motor  vehicles of a surety bond in the amount of six thousand
dollars, which shall be executed by a surety company authorized  by  the
department  of  financial  services  to transact business in this state.
Provided, however, that if the commissioner of motor vehicles shall have
received prior to the plate design, production and issuance of at  least
two  hundred  orders  for such distinctive plate together with the addi-
tional annual service charge applicable to each such order, which  shall
be  non-refundable,  no  such  surety  bond  shall be required. All such
service charges shall be deposited pursuant to the provisions of section
404-oo of the vehicle and traffic law to the credit of the department of
motor vehicles distinctive plate development fund established by section
95-g of the state  finance  law  and  shall  be  used  for  the  design,
production,  advertising  and distribution of distinctive license plates
in accordance with such section 95-g.
  2. If, upon the expiration of two years following the date upon  which
distinctive  plates  in  the  series  are  first  available for sale two
hundred or more sets of such plates are sold, a bond delivered  pursuant
to this section shall be discontinued. If fewer than two hundred sets of
such  plates  are  sold  by  such time, the department of motor vehicles
shall be entitled to recover against the bond in an amount proportionate
to such shortfall.
  S 4. This act shall take effect immediately; provided,  however,  that
sections  one and three of this act shall take effect on the one hundred
eightieth day after it shall have become a law; provided  further,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.