Senate Bill S4228

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4228
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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  "I  Support
   Music  Education"  distinctive  plates; and to amend the state finance
   law, in relation to establishing the "I support music education" 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 "I SUPPORT MUSIC EDUCATION" LICENSE  PLATES.  1.
 ANY  PERSON  RESIDING  IN  THIS  STATE  SHALL, UPON REQUEST, BE ISSUED A
 DISTINCTIVE LICENSE PLATE BEARING THE PHRASE  "I  SUPPORT  MUSIC  EDUCA-
 TION".  APPLICATION  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  "I  SUPPORT
 MUSIC  EDUCATION"  FUND ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-J OF
 THE STATE FINANCE LAW AND SHALL BE USED  FOR  MUSIC  EDUCATION  PROGRAMS
 UNDERTAKEN PURSUANT TO SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW.
   §  2. The state finance law is amended by adding a new section 95-j to
 read as follows:
   § 95-J. "I SUPPORT MUSIC EDUCATION" FUND. 1. THERE  IS  HEREBY  ESTAB-
 LISHED  IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
 AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "I  SUPPORT  MUSIC  EDUCA-
 TION" FUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02361-01-9

 S. 4228                             2
 
   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.
   2-A. 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  "I SUPPORT MUSIC EDUCATION" 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.
   3.  MONIES  OF  THE  FUND  SHALL  BE EXPENDED ONLY FOR MUSIC EDUCATION
 PROJECTS APPROVED BY THE DEPARTMENT OF EDUCATION IN NEW YORK STATE.
   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 EDUCATION.
   § 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-j
 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-j.
   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  two of this act shall take effect on the one hundred
 eightieth day after it shall have become a law;  and  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
 effective date are authorized and directed to be made and  completed  on
 or before such effective date.