S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10694--A
 
                           I N  A S S E M B L Y
 
                               May 10, 2018
                                ___________
 
 Introduced  by  M.  of A. LUPARDO, WILLIAMS -- read once and referred to
   the Committee on Transportation -- 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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 404-ee to read as follows:
   § 404-EE. DISTINCTIVE "RED CROSS SPIRIT OF SERVICE" LICENSE PLATES. 1.
 ANY PERSON RESIDING IN THIS STATE  SHALL,  UPON  REQUEST,  BE  ISSUED  A
 DISTINCTIVE  LICENSE  PLATE  IN SUPPORT OF DISASTER RELIEF AND EMERGENCY
 PREPAREDNESS BEARING THE PHRASE "RED CROSS SPIRIT OF SERVICE".  APPLICA-
 TION 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  "DISASTER
 RELIEF  AND EMERGENCY PREPAREDNESS FUND" ESTABLISHED PURSUANT TO SECTION
 NINETY-THREE-AA OF THE STATE FINANCE LAW AND SHALL BE USED FOR  DISASTER
 RELIEF  AND  EMERGENCY  PREPAREDNESS  PROGRAMS  UNDERTAKEN  PURSUANT  TO
 SECTION NINETY-THREE-AA OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 93-aa to
 read as follows:
   § 93-AA. DISASTER RELIEF AND EMERGENCY PREPAREDNESS FUND. 1. THERE  IS
 HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
 AND FINANCE AND THE COMPTROLLER, A SPECIAL  FUND  TO  BE  KNOWN  AS  THE
 "DISASTER RELIEF AND EMERGENCY PREPAREDNESS FUND".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15111-03-8

 A. 10694--A                         2
 
   2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
 OF MOTOR VEHICLES PURSUANT TO SECTION FOUR HUNDRED FOUR-EE OF THE  VEHI-
 CLE AND TRAFFIC LAW, AS ADDED BY THE CHAPTER OF THE LAWS OF TWO THOUSAND
 EIGHTEEN  THAT  ADDED  THIS  SECTION, 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.  ANY  INTEREST  RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN
 SUCH FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
   2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
 ER OF THE DIVISION OF HOMELAND SECURITY  AND  EMERGENCY  SERVICES  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
 INVESTIGATIONS  AND  GOVERNMENTAL  OPERATIONS,  CHAIR  OF  THE  ASSEMBLY
 GOVERNMENTAL OPERATIONS COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.
 SUCH REPORT SHALL INCLUDE HOW THE  MONIES  OF  THE  FUND  WERE  UTILIZED
 DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   3.  MONEYS  IN  SUCH  FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS TO
 EMERGENCY SERVICES ORGANIZATIONS FOR THE PURPOSE OF  DEVELOPING,  IMPLE-
 MENTING,  AND  EXECUTING  DISASTER  PREPAREDNESS  AND EMERGENCY RESPONSE
 PROGRAMS APPROVED BY THE DIVISION OF  HOMELAND  SECURITY  AND  EMERGENCY
 SERVICES. FOR THE PURPOSES OF THIS SECTION, THE TERM "EMERGENCY SERVICES
 ORGANIZATION"  SHALL  HAVE  THE  SAME MEANING AS SUCH TERM IS DEFINED BY
 SUBDIVISION TWO OF SECTION TWENTY OF THE EXECUTIVE LAW.
   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 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
   5. TO THE EXTENT PRACTICABLE, THE  COMMISSIONER  OF  THE  DIVISION  OF
 HOMELAND  SECURITY  AND  EMERGENCY SERVICES SHALL ENSURE THAT ALL MONIES
 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-ee 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

 A. 10694--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; and  provided  further,  however
 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.