S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4159
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A. RA, PICHARDO, BLAKE, GIGLIO, RAIA, PALMESANO,
   B. MILLER, D'URSO, STEC, GARBARINO, BYRNE, GUNTHER, BARCLAY, BRABENEC,
   STECK  --  Multi-Sponsored  by  --  M.  of  A.  ENGLEBRIGHT,   HAWLEY,
   M. L. MILLER -- read once and referred to the Committee on Transporta-
   tion

 AN  ACT  to amend the vehicle and traffic law, in relation to "I Support
   Music Education" distinctive plates; and to amend  the  state  finance
   law, in relation to establishing the "I support music education" 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-ff to read as follows:
   §  404-FF.  DISTINCTIVE "I SUPPORT MUSIC EDUCATION" LICENSE PLATES. 1.
 ANY PERSON RESIDING IN THIS STATE  SHALL,  UPON  REQUEST,  BE  ISSUED  A
 DISTINCTIVE  LICENSE  PLATE  BEARING  THE PHRASE "I SUPPORT MUSIC EDUCA-
 TION". APPLICATION FOR SAID  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 PAYMENT  OF  THE  REGULAR
 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.
   3. EACH TWENTY-FIVE DOLLARS RECEIVED  AS  THE  ANNUAL  SERVICE  CHARGE
 UNDER  THIS  SECTION  SHALL BE DEPOSITED TO THE CREDIT OF THE "I SUPPORT
 MUSIC EDUCATION" FUND ESTABLISHED PURSUANT TO SECTION  NINETY-FIVE-J  OF
 THE  STATE  FINANCE  LAW  AND SHALL BE USED FOR MUSIC EDUCATION PROGRAMS
 UNDERTAKEN PURSUANT TO SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 95-j  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02361-01-9
              

 A. 4159                             2
 
   §  95-J.  "I  SUPPORT MUSIC EDUCATION" FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
 AND  THE  COMPTROLLER  A FUND TO BE KNOWN AS THE "I SUPPORT MUSIC EDUCA-
 TION" FUND.
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL  REVENUES RECEIVED PURSUANT TO
 SECTION FOUR HUNDRED FOUR-FF 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.
   2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND  CHAIR  OF
 THE  ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
 THE "I SUPPORT MUSIC EDUCATION" FUND DURING THE PRECEDING CALENDAR  YEAR
 AS  THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION FOUR HUNDRED FOUR-
 FF OF THE VEHICLE AND TRAFFIC LAW AND FROM GRANTS, GIFTS AND BEQUESTS.
   3. MONIES OF THE FUND SHALL  BE  EXPENDED  ONLY  FOR  MUSIC  EDUCATION
 PROJECTS APPROVED BY THE DEPARTMENT OF EDUCATION IN NEW YORK STATE.
   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 EDUCATION.
   §  3. 1. A distinctive plate established pursuant to section 404-ff of
 the vehicle and traffic law shall only be designed, produced and  issued
 upon  the  delivery to the department 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  commis-
 sioner  of  motor  vehicles  shall  have received prior to plate design,
 production and issuance at least two hundred orders for such distinctive
 plate together with the additional annual service charge  applicable  to
 each  such  order,  which  shall  be non-refundable, no such surety bond
 shall be required.  All  service  charges  collected  pursuant  to  this
 section  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-j
 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-j.
   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.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on  the  one  hundred
 eightieth  day  after  it shall have become a law; and 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
 effective  date  are authorized and directed to be made and completed on
 or before such effective date.