S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3296--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed 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  authorizing
   the  creation  of a "Kids Deserve Justice" license plate; and to amend
   the state finance law, in  relation  to  creating  the  "kids  deserve
   justice 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-dd to read as follows:
   §  404-DD.  DISTINCTIVE  "KIDS DESERVE JUSTICE" LICENSE PLATES. 1. ANY
 PERSON RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A  DISTINC-
 TIVE  LICENSE PLATE BEARING THE PHRASE "KIDS DESERVE JUSTICE".  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. TWENTY DOLLARS OF EACH TWENTY-FIVE DOLLARS RECEIVED AS  THE  ANNUAL
 SERVICE  CHARGE  UNDER  THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF
 THE "KIDS DESERVE JUSTICE FUND" ESTABLISHED PURSUANT TO SECTION  NINETY-
 NINE-AA  OF  THE  STATE FINANCE LAW AND SHALL BE USED FOR NEW YORK COURT
 APPOINTED SPECIAL ADVOCATES PROGRAMS.
   § 2. The state finance law is amended by adding a new section 99-aa to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08868-02-7

              

 S. 3296--A                          2
 
   § 99-AA. KIDS DESERVE JUSTICE 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 "KIDS DESERVE JUSTICE FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL  REVENUES RECEIVED PURSUANT TO
 SECTION FOUR HUNDRED FOUR-DD 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 KIDS DESERVE JUSTICE FUND DURING THE PRECEDING CALENDAR YEAR AS  THE
 RESULT  OF  REVENUE  DERIVED PURSUANT TO SECTION FOUR HUNDRED FOUR-DD OF
 THE VEHICLE AND TRAFFIC LAW AND FROM GRANTS, GIFTS AND BEQUESTS.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH  YEAR,  THE  OFFICE  OF
 COURT  ADMINISTRATION  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 ASSEMBLY HEALTH COMMIT-
 TEE, 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:
   (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS 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.
   5. MONEYS OF THE FUND SHALL  BE  EXPENDED  ONLY  FOR  NEW  YORK  COURT
 APPOINTED SPECIAL ADVOCATES PROGRAMS IN NEW YORK STATE.
   6.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND  CERTIFIED  BY  THE  OFFICE  OF
 COURT ADMINISTRATION.
   7. TO THE EXTENT PRACTICABLE, THE OFFICE OF COURT ADMINISTRATION 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-dd  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. 3296--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.