S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    954
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03805-01-1

 S. 954                              2
 
   § 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
 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

 S. 954                              3
 
 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
 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.