S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2506
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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-y to read as follows:
   § 404-Y. 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
 USED FOR FURTHERANCE OF THE 4-H PROGRAM, PURSUANT TO SECTION  NINETY-SIX
 OF THE STATE FINANCE LAW.
   §  2.  The  state finance law is amended by adding a new section 96 to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08186-01-7

 S. 2506                             2
 
   § 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-Y 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.
   §  3. 1.  A distinctive plate established pursuant to section 404-y 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.
   §  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.