S T A T E   O F   N E W   Y O R K
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                                  7787--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2023
                                ___________
 
 Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  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  authorizing
   the  creation  of a "No Hate NY" license plate; and to amend the state
   finance law, in relation to creating the "No Hate NY 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 "NO HATE  NY"  LICENSE  PLATES.  1.  ANY  PERSON
 RESIDING  IN  THIS  STATE  SHALL,  UPON REQUEST, BE ISSUED A DISTINCTIVE
 LICENSE PLATE BEARING THE PHRASE "NO HATE  NY".    THE  DESIGN  OF  SUCH
 DISTINCTIVE  PLATE SHALL BE DEVELOPED BY THE COMMISSIONER IN COOPERATION
 WITH THE COMMISSIONER OF THE STATE DIVISION OF HUMAN RIGHTS.    APPLICA-
 TION 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 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. THE ENTIRE AMOUNT OF THE TWENTY-FIVE DOLLARS RECEIVED AS THE ANNUAL
 SERVICE  CHARGE  UNDER  THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF
 THE "NO HATE NY FUND" ESTABLISHED PURSUANT TO SECTION NINETY-NINE-RR  OF
 THE  STATE  FINANCE  LAW  AND SHALL BE USED FOR HATE CRIME AWARENESS AND
 PREVENTION PROGRAMS.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10942-04-4
              

 S. 7787--A                          2
 
   § 99-RR. NO HATE NY FUND.  1. THERE IS HEREBY ESTABLISHED IN THE JOINT
 CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE  COMPTROLLER
 A FUND TO BE KNOWN AS THE "NO HATE NY 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.
   3.  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 NO HATE NY 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.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  COMMISSIONER
 OF  THE STATE DIVISION OF HUMAN RIGHTS SHALL PROVIDE A WRITTEN REPORT TO
 THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF
 THE SENATE FINANCE COMMITTEE, CHAIR  OF  THE  ASSEMBLY  WAYS  AND  MEANS
 COMMITTEE,  CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEM-
 BLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH  REPORT
 SHALL  INCLUDE  HOW  THE  MONEYS  OF  THE  FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR.
   5. MONEYS OF THE FUND SHALL BE EXPENDED BY ANY COUNTY WITHIN THE STATE
 ONLY FOR HATE CRIME AWARENESS AND PREVENTION PROGRAMS IN SUCH COUNTY.  A
 COUNTY MAY REQUEST FUNDS AND REVENUES DEPOSITED IN THE FUND FROM LICENSE
 PLATES ISSUED IN SUCH COUNTY PURSUANT TO SECTION FOUR HUNDRED FOUR-FF OF
 THE VEHICLE AND TRAFFIC LAW. ANY SUCH FUNDS AND REVENUES  THAT  ARE  NOT
 REQUESTED  BY  OR  DISTRIBUTED  TO A COUNTY PURSUANT TO THIS SUBDIVISION
 WITHIN FIVE YEARS SHALL BE DISTRIBUTED BY THE DIRECTOR OF THE OFFICE  OF
 VICTIM SERVICES, AS ESTABLISHED BY SECTION SIX HUNDRED TWENTY-TWO OF THE
 EXECUTIVE  LAW,  TO  BE USED AS VICTIM COMPENSATION BENEFITS PURSUANT TO
 ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW, FOR VICTIMS OF HATE CRIMES,  AS
 DEFINED BY SECTION 485.05 OF THE PENAL LAW.
   6.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF THE STATE DIVISION OF HUMAN RIGHTS.
   7.  TO  THE EXTENT PRACTICABLE, THE COMMISSIONER OF THE STATE DIVISION
 OF HUMAN RIGHTS SHALL ENSURE THAT ALL MONEYS RECEIVED  DURING  A  FISCAL
 YEAR ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
   §  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-g
 S. 7787--A                          3
 
 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law; provided, however, that section three of
 this act shall take effect immediately. Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.