The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7857

                            I N  S E N A T E

                            February 26, 2020
                               ___________

Introduced  by Sen. GAUGHRAN -- 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 establishing
  distinctive "Long Island Sound" license plates; and to amend the state
  finance law, in relation to establishing the "Long Island Sound  envi-
  ronmental 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  "LONG  ISLAND  SOUND"  LICENSE PLATES. 1. ANY
PERSON RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A  DISTINC-
TIVE  "LONG  ISLAND  SOUND"  LICENSE  PLATE  OF A DESIGN APPROVED BY THE
COMMISSIONER. APPLICATION FOR SAID LICENSE PLATE SHALL BE FILED 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  PLATE.  SUCH  ADDITIONAL
SERVICE CHARGE SHALL BE DEPOSITED PURSUANT TO 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 NUMBER PLATES; PROVIDED, HOWEV-
ER,  THAT  ADDITIONAL  ANNUAL SERVICE CHARGES COLLECTED IN EXCESS OF SIX
THOUSAND DOLLARS SHALL BE DEPOSITED TO THE CREDIT  OF  THE  LONG  ISLAND
SOUND  ENVIRONMENTAL  FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-
ZZZZ OF THE STATE FINANCE LAW.
  § 2. The state finance law is amended by adding a new section  97-zzzz
to read as follows:
  §  97-ZZZZ.  LONG  ISLAND SOUND ENVIRONMENTAL FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER  OF  TAXATION  AND
FINANCE,  THE  STATE  COMPTROLLER  AND THE COMMISSIONER OF ENVIRONMENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15337-03-0

S. 7857                             2

CONSERVATION, A SPECIAL FUND TO BE KNOWN AS THE "LONG ISLAND SOUND ENVI-
RONMENTAL FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED 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.
  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  LONG  ISLAND SOUND ENVIRONMENTAL FUND DURING THE PRECEDING CALENDAR
YEAR AS A RESULT OF THE REVENUE DERIVED PURSUANT TO SECTION FOUR HUNDRED
FOUR-FF OF THE VEHICLE AND TRAFFIC LAW.
  4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  COMMISSIONER
OF  ENVIRONMENTAL  CONSERVATION  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  COMMIT-
TEE,  CHAIR OF THE SENATE COMMITTEE ON ENVIRONMENTAL CONSERVATION, CHAIR
OF THE ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEE,  THE  STATE  COMP-
TROLLER  AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONEYS OF THE
FUND WERE  UTILIZED  DURING  THE  PRECEDING  CALENDAR  YEAR,  AND  SHALL
INCLUDE:
  (A)  THE AMOUNT OF MONEY DISBERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
  (B) RECIPIENTS OF AWARDS FROM THE FUND;
  (C) THE AMOUNT AWARDED TO EACH;
  (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
  (E) 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 TO NOT-FOR-PROFIT CORPO-
RATIONS, EDUCATIONAL  ORGANIZATIONS  OR  LOCAL  GOVERNMENTS  UNDERTAKING
PROJECTS  AIMED  AT THE BEAUTIFICATION OF AND ENVIRONMENTAL IMPROVEMENTS
TO THE LONG ISLAND SOUND, INCLUDING BUT NOT LIMITED  TO,  WATER  QUALITY
PROJECTS,  HABITAT  RESTORATION PROJECTS, EDUCATION, RESEARCH, IMPROVING
PUBLIC ACCESS TO THE SOUND, OR RECREATIONAL OPPORTUNITIES.
  6. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION.
  7. TO  THE  EXTENT  PRACTICABLE,  THE  COMMISSIONER  OF  ENVIRONMENTAL
CONSERVATION  SHALL ENSURE THAT ALL MONEYS RECEIVED DURING A FISCAL YEAR
ARE EXPENDED PRIOR TO THE END OF SUCH FISCAL YEAR.
  § 3. 1. A distinctive plate established pursuant to section 404-ff  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 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

S. 7857                             3

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 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. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or  regulation  necessary  for
the  implementation  of this act on its effective date are authorized to
be made and completed on or before such effective date.