Senate Bill S3883

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3883
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 creating the
   "4-H member" distinctive license plate; and to amend the state finance
   law, in relation to establishing the 4-H 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 4-H MEMBER LICENSE PLATES. 1. ANY PERSON  RESID-
 ING  IN  THIS  STATE  SHALL,  UPON REQUEST, BE ISSUED A DISTINCTIVE "4-H
 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 4-H FOUNDATION AND  SHALL  BE
 USED   FOR   FURTHERANCE   OF  THE  4-H  PROGRAM,  PURSUANT  TO  SECTION
 NINETY-SIX-A OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 96-a  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07466-01-1

 S. 3883                             2
 
   §  96-A.  THE  4-H FOUNDATION FUND. 1. THERE IS HEREBY ESTABLISHED, IN
 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
 COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE 4-H 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 4-H 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 AGRICULTURE AND MARKETS.
   5. TO THE EXTENT POSSIBLE, THE COMMISSIONER OF AGRICULTURE AND MARKETS
 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.