S T A T E O F N E W Y O R K
________________________________________________________________________
2508
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
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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 and the state finance law,
in relation to creating a distinctive license plate for the Drug Abuse
Resistance Education (D.A.R.E.) program
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 PLATES FOR THE DRUG ABUSE RESISTANCE EDUCATION
(D.A.R.E.) PROGRAM. 1. ANY PERSON RESIDING IN THIS STATE SHALL, UPON
REQUEST, BE ISSUED A DISTINCTIVE DRUG ABUSE RESISTANCE EDUCATION
(D.A.R.E.) PROGRAM LICENSE PLATE. THE DESIGN OF SUCH DISTINCTIVE PLATE
SHALL BE DEVELOPED BY THE COMMISSIONER IN CONSULTATION WITH THE SUPER-
INTENDENT OF STATE POLICE.
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 PLATE. 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 SECTION NINETY-FIVE-G OF THE STATE FINANCE LAW;
PROVIDED, HOWEVER, THAT ANNUAL SERVICE CHARGES COLLECTED IN EXCESS OF
SIX THOUSAND DOLLARS SHALL BE DEPOSITED TO THE CREDIT OF THE DRUG ABUSE
RESISTANCE EDUCATION (D.A.R.E.) FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-PPPP OF THE STATE FINANCE LAW AND SHALL BE USED FOR PUBLIC
EDUCATION AND OUTREACH COSTS RELATED TO DRUG ABUSE RESISTANCE EDUCATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08184-01-7
S. 2508 2
PURSUANT TO SECTION NINETY-SEVEN-PPPP OF THE STATE FINANCE LAW;
PROVIDED, HOWEVER, THAT ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION, FUNDS UP TO A MAXIMUM OF SIX THOUSAND DOLLARS, OR SO MUCH THER-
EOF AS MAY BE AVAILABLE, SHALL BE ALLOCATED FROM SUCH FUND TO THE
DEPARTMENT TO OFFSET COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH
LICENSE PLATE.
§ 2. The state finance law is amended by adding a new section 97-pppp
to read as follows:
§ 97-PPPP. DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE
KNOWN AS THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) FUND.
2. THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) FUND SHALL CONSIST
OF MONEYS RECEIVED BY THE STATE PURSUANT TO SECTION FOUR HUNDRED FOUR-Y
OF THE VEHICLE AND TRAFFIC LAW, MONEYS DONATED OR GIVEN TO THE STATE,
AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM
ANY OTHER FUND OR SOURCE.
3. MONEYS OF THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) FUND,
SHALL BE MADE AVAILABLE TO THE SUPERINTENDENT OF STATE POLICE FOR PUBLIC
EDUCATION AND OUTREACH PROGRAM COSTS RELATED TO DRUG ABUSE RESISTANCE
EDUCATION.
§ 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 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 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
section one of this act shall take effect on the one hundred eightieth
day after it shall have become a law; 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 effec-
tive date is authorized and directed to be made and completed on or
before such effective date.