S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7137--A
 
                             I N  S E N A T E
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   the  creation  of  a  "New  York  public television and radio" license
   plate; and to amend the state finance law, in  relation  to  providing
   for deposits of certain moneys into the cultural education account
 
   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-qq to read as follows:
   §  404-QQ.  DISTINCTIVE "NEW YORK PUBLIC TELEVISION AND RADIO" LICENSE
 PLATES. 1.  ANY PERSON SHALL UPON REQUEST BE ISSUED A  DISTINCTIVE  "NEW
 YORK  PUBLIC  TELEVISION AND RADIO" LICENSE PLATE OF A DESIGN OR DESIGNS
 TO BE APPROVED BY THE COMMISSIONER.   THE DEPARTMENT  IS  AUTHORIZED  TO
 CREATE  DISTINCTIVE  DESIGNS  OF  SUCH  PLATE FOR EACH INDIVIDUAL PUBLIC
 TELEVISION  CORPORATION,  PUBLIC  RADIO  CORPORATION,  OR  PUBLIC  RADIO
 STATION THAT FULFILLS ALL APPLICABLE REQUIREMENTS RELATED TO THE DESIGN,
 PRODUCTION,  AND  ISSUANCE  OF  SUCH PLATE. APPLICATION FOR SAID LICENSE
 PLATE SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM  AND  DETAIL  AS
 THE COMMISSIONER SHALL PRESCRIBE.
   2.  A DISTINCTIVE "NEW YORK PUBLIC TELEVISION AND RADIO" LICENSE PLATE
 ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED IN THE  SAME  MANNER  AS
 OTHER  NUMBER  PLATES  UPON THE PAYMENT OF THE REGULAR REGISTRATION FEES
 PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE; PROVIDED, HOWEV-
 ER, THAT AN ADDITIONAL ANNUAL  SERVICE  CHARGE  OF  TWENTY-FIVE  DOLLARS
 SHALL BE CHARGED FOR SUCH PLATE.
   3.  EACH  TWENTY-FIVE  DOLLARS  RECEIVED  AS THE ANNUAL SERVICE CHARGE
 UNDER THIS SECTION SHALL BE DEPOSITED TO THE  CREDIT  OF  THE  "CULTURAL
 EDUCATION  ACCOUNT"  ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-ZZZ OF
 THE STATE FINANCE LAW AND SHALL BE USED FOR GRANTS TO PUBLIC  TELEVISION
 AND RADIO CORPORATIONS AND PUBLIC RADIO STATIONS AS SPECIFIED IN SECTION
 NINETY-SEVEN-ZZZ OF THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14632-06-0

 S. 7137--A                          2
 
   §  2. Section 97-zzz of the state finance law, as added by section 3-a
 of part B of chapter 83 of the laws of 2002, subdivision 3 as amended by
 section 3 of part C of chapter 58 of the laws of  2011,  is  amended  to
 read as follows:
   §  97-zzz.  Cultural education account. 1. There is hereby established
 in the joint custody of the state comptroller and  the  commissioner  of
 taxation  and finance an account of the miscellaneous special fund to be
 known as the cultural education account.
   2. The comptroller is authorized and directed to receive  for  deposit
 to  the credit of the cultural education account revenues designated for
 such deposit by law including those derived from the  surcharge  author-
 ized  by  [the third undesignated] paragraph THREE of subdivision (a) of
 section eight thousand eighteen of the civil practice and law and rules,
 subparagraph b of paragraph four of subdivision  (a)  of  section  eight
 thousand  twenty-one  of such law, subparagraph b of paragraph eleven of
 subdivision (b) of  section  eight  thousand  twenty-one  of  such  law,
 SECTION  FOUR HUNDRED FOUR-QQ OF THE VEHICLE AND TRAFFIC LAW, and subdi-
 vision a of section 7-604, subdivision 1 of section 7-614 of the  admin-
 istrative code of the city of New York.
   3. Moneys of this account, following appropriation by the legislature,
 shall  be  available to support the following agencies and programs: (a)
 the state education department for services and expenses of the cultural
 education program including operating expenses and capital projects  and
 the  New York state summer school of the arts subject to a plan approved
 by the commissioner of education and the director of the  budget;  [and]
 (b) the Nelson A. Rockefeller performing arts center corporation subject
 to  a plan approved by the director of the budget; AND (C) GRANTS PURSU-
 ANT TO SUBDIVISION FOUR OF THIS  SECTION  TO  PUBLIC  TELEVISION  CORPO-
 RATIONS,  PUBLIC  RADIO  STATIONS  AND/OR  PUBLIC RADIO CORPORATIONS, AS
 DEFINED IN SECTION TWO HUNDRED THIRTY-SIX OF THE EDUCATION LAW, FOR  THE
 PURPOSES OF PUBLIC SERVICE PROGRAMMING SUBJECT TO A PLAN APPROVED BY THE
 COMMISSIONER OF EDUCATION.
   4. (A) MONEYS DEPOSITED TO THE CREDIT OF THIS ACCOUNT FOR THE PURPOSES
 OF  GRANTS  TO  PUBLIC  TELEVISION  CORPORATIONS,  PUBLIC RADIO STATIONS
 AND/OR PUBLIC RADIO CORPORATIONS, AS  DEFINED  IN  SECTION  TWO  HUNDRED
 THIRTY-SIX  OF  THE  EDUCATION  LAW,  FOR THE PURPOSES OF PUBLIC SERVICE
 PROGRAMMING:
   (I) SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT  TO  SECTION  FOUR
 HUNDRED  FOUR-QQ  OF  THE  VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS
 APPROPRIATED, CREDITED, OR TRANSFERRED TO THIS ACCOUNT FOR SUCH PURPOSES
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO  LAW,  PROVIDED  THAT  NOTHING
 CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
 GIFTS, FOR SUCH PURPOSES AND DEPOSITING THEM INTO THIS ACCOUNT ACCORDING
 TO LAW;
   (II)  SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED WITH OTHER MONEYS
 AUTHORIZED FOR DEPOSIT TO THE CREDIT OF THIS ACCOUNT OR ANY OTHER  FUNDS
 HELD  IN  THE  CUSTODY  OF  THE STATE COMPTROLLER OR THE COMMISSIONER OF
 TAXATION AND FINANCE, EITHER JOINTLY OR SEPARATELY; AND
   (III) SHALL BE MADE PAYABLE FROM THIS ACCOUNT BY THE STATE COMPTROLLER
 AND THE COMMISSIONER OF TAXATION AND FINANCE ON VOUCHERS APPROVED BY THE
 COMMISSIONER OF EDUCATION, TO BE  ADMINISTERED  THROUGH  THE  OFFICE  OF
 EDUCATIONAL  TELEVISION AND PUBLIC BROADCASTING WITHIN THE DEPARTMENT OF
 EDUCATION. IN DEVELOPING  A  PLAN  FOR  DISTRIBUTING  SUCH  GRANTS,  THE
 COMMISSIONER  OF  EDUCATION  MAY  CONSIDER DEVELOPING RULES TO ALLOW THE
 DISTRIBUTION OF SUCH GRANTS TO EACH INDIVIDUAL RECIPIENT  IN  AN  AMOUNT

 S. 7137--A                          3
 
 PROPORTIONAL  TO THE NUMBER OF ORDERS FOR PLATES DESIGNED, PRODUCED, AND
 ISSUED FOR SUCH RECIPIENT.
   (B)  TO  THE  EXTENT  PRACTICABLE, THE COMMISSIONER OF EDUCATION SHALL
 ENSURE THAT ALL MONEYS RECEIVED FROM THIS ACCOUNT DURING A  FISCAL  YEAR
 ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
   (C)  ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE STATE COMP-
 TROLLER AND COMMISSIONER OF TAXATION AND FINANCE SHALL  CERTIFY  TO  THE
 GOVERNOR,  TEMPORARY  PRESIDENT  OF THE SENATE, SPEAKER OF THE ASSEMBLY,
 CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF THE ASSEMBLY WAYS AND
 MEANS COMMITTEE THE AMOUNT OF MONEY DEPOSITED IN THIS  ACCOUNT  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION DURING THE PRECEDING CALENDAR YEAR AS THE
 RESULT OF REVENUE DERIVED PURSUANT TO SECTION  FOUR  HUNDRED-QQ  OF  THE
 VEHICLE  AND  TRAFFIC LAW OR ANY OTHER FUND OR SOURCE PURSUANT TO LAW OR
 FROM GRANTS, GIFTS AND BEQUESTS.
   (D) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF EDUCATION SHALL PROVIDE A WRITTEN REPORT TO THE  GOVERNOR,  TEMPORARY
 PRESIDENT  OF  THE  SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE
 FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  AND
 THE  PUBLIC.  SUCH  REPORT  SHALL  INCLUDE  HOW MONEYS DEPOSITED IN THIS
 ACCOUNT FOR THE PURPOSES OF THIS SUBDIVISION WERE  UTILIZED  DURING  THE
 PRECEDING CALENDAR YEAR AND SHALL INCLUDE:
   (I)  THE  AMOUNT OF MONEY DISBURSED FROM THIS ACCOUNT FOR THE PURPOSES
 OF THIS SUBDIVISION;
   (II) THE RECIPIENTS OF AWARDS FROM THIS ACCOUNT FOR  THE  PURPOSES  OF
 THIS SUBDIVISION;
   (III) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (IV)  A  SUMMARY  FINANCIAL  PLAN  FOR SUCH MONEYS WHICH SHALL INCLUDE
 ESTIMATES OF ALL RECEIPTS AND ALL  DISBURSEMENTS  FOR  THE  CURRENT  AND
 SUCCEEDING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR
 FISCAL YEAR.
   § 3. 1. A distinctive plate established pursuant to section 404-qq  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
 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 sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the

 S. 7137--A                          4
 
 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.