S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8867
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  distinctive
   YMCA  license  plates; and to amend the state finance law, in relation
   to establishing the New York State YMCA foundation 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 YMCA LICENSE PLATES. 1. ANY PERSON  RESIDING  IN
 THIS  STATE  SHALL,  UPON REQUEST, BE ISSUED A DISTINCTIVE "YMCA MEMBER"
 LICENSE PLATE.   APPLICATION FOR SUCH 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 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  PLATES. 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 SUCH SECTION NINETY-FIVE-G; PROVIDED, HOWEVER, THAT
 ANNUAL SERVICE CHARGES COLLECTED IN EXCESS OF SIX THOUSAND DOLLARS SHALL
 BE DEPOSITED TO THE CREDIT OF THE NEW YORK STATE  YMCA  FOUNDATION,  AND
 SHALL  BE  USED  FOR  FURTHERANCE OF THE NEW YORK STATE YMCA FOUNDATION,
 PURSUANT TO SECTION NINETY-FIVE-K OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 95-k  to
 read as follows:
   §  95-K.  THE  NEW YORK STATE YMCA FOUNDATION FUND. 1. THERE IS HEREBY
 ESTABLISHED, IN THE JOINT CUSTODY OF THE COMMISSIONER  OF  TAXATION  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14186-01-1
              

 A. 8867                             2
 
 FINANCE  AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE NEW YORK
 STATE YMCA FOUNDATION FUND.
   2.    SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
 PROVISIONS OF 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.
   3. MONIES OF THE FUND SHALL BE  EXPENDED  ONLY  FOR  THE  BENEFIT  AND
 PROGRAMS OF THE NEW YORK STATE YMCA FOUNDATION.
   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 TAXATION AND FINANCE.
   5.  TO  THE  EXTENT POSSIBLE, THE COMMISSIONER OF TAXATION AND FINANCE
 SHALL ENSURE THAT ALL MONIES 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-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 of at least
 two hundred orders for such distinctive plate together  with  the  addi-
 tional  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
 sections one and three of this act shall take effect on the one  hundred
 eightieth  day  after it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.