STATE OF NEW YORK
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3296--A
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
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Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the creation of a "Kids Deserve Justice" license plate; and to amend
the state finance law, in relation to creating the "kids deserve
justice fund"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 404-dd to read as follows:
3 § 404-dd. Distinctive "Kids Deserve Justice" license plates. 1. Any
4 person residing in this state shall, upon request, be issued a distinc-
5 tive license plate bearing the phrase "Kids Deserve Justice". Applica-
6 tion for said license plate shall be filed with the commissioner in such
7 form and detail as the commissioner shall prescribe.
8 2. A distinctive plate issued pursuant to this section shall be issued
9 in the same manner as other number plates upon payment of the regular
10 registration fee prescribed by section four hundred one of this article;
11 provided, however, that an additional annual service charge of twenty-
12 five dollars shall be charged for such plates.
13 3. Twenty dollars of each twenty-five dollars received as the annual
14 service charge under this section shall be deposited to the credit of
15 the "kids deserve justice fund" established pursuant to section ninety-
16 nine-aa of the state finance law and shall be used for New York court
17 appointed special advocates programs.
18 § 2. The state finance law is amended by adding a new section 99-aa to
19 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08868-02-7
S. 3296--A 2
1 § 99-aa. Kids deserve justice fund. 1. There is hereby established in
2 the joint custody of the commissioner of taxation and finance and the
3 comptroller a fund to be known as the "kids deserve justice fund".
4 2. Such fund shall consist of all revenues received pursuant to
5 section four hundred four-dd of the vehicle and traffic law, and all
6 other moneys appropriated, credited or transferred thereto from any
7 other fund or source pursuant to law. Nothing contained in this section
8 shall prevent the state from receiving grants, gifts or bequests for the
9 purposes of the fund as defined in this section and depositing them into
10 the fund according to law.
11 3. On or before the first day of February each year, the comptroller
12 shall certify to the governor, temporary president of the senate, speak-
13 er of the assembly, chair of the senate finance committee and chair of
14 the assembly ways and means committee, the amount of money deposited in
15 the kids deserve justice fund during the preceding calendar year as the
16 result of revenue derived pursuant to section four hundred four-dd of
17 the vehicle and traffic law and from grants, gifts and bequests.
18 4. On or before the first day of February each year, the office of
19 court administration shall provide a written report to the temporary
20 president of the senate, speaker of the assembly, chair of the senate
21 finance committee, chair of the assembly ways and means committee, chair
22 of the senate committee on health, chair of the assembly health commit-
23 tee, the state comptroller and the public. Such report shall include how
24 the monies of the fund were utilized during the preceding calendar year,
25 and shall include:
26 (i) the amount of money disbursed from the fund and the award process
27 used for such disbursements;
28 (ii) recipients of awards from the fund;
29 (iii) the amount awarded to each;
30 (iv) the purposes for which such awards were granted; and
31 (v) a summary financial plan for such moneys which shall include esti-
32 mates of all receipts and all disbursements for the current and succeed-
33 ing fiscal years, along with the actual results from the prior fiscal
34 year.
35 5. Moneys of the fund shall be expended only for New York court
36 appointed special advocates programs in New York state.
37 6. Moneys shall be payable from the fund on the audit and warrant of
38 the comptroller on vouchers approved and certified by the office of
39 court administration.
40 7. To the extent practicable, the office of court administration shall
41 ensure that all moneys received during a fiscal year are expended prior
42 to the end of that fiscal year.
43 § 3. 1. A distinctive plate established pursuant to section 404-dd of
44 the vehicle and traffic law shall only be designed, produced and issued
45 upon the delivery to the department of motor vehicles of a surety bond
46 in the amount of six thousand dollars, which shall be executed by a
47 surety company authorized by the department of financial services to
48 transact business in this state. Provided, however, that if the commis-
49 sioner of motor vehicles shall have received prior to plate design,
50 production and issuance at least two hundred orders for such distinctive
51 plate together with the additional annual service charge applicable to
52 each such order, which shall be non-refundable, no such surety bond
53 shall be required. All service charges collected pursuant to this
54 section shall be deposited pursuant to the provisions of section 404-oo
55 of the vehicle and traffic law to the credit of the department of motor
56 vehicles distinctive plate development fund established by section 95-g
S. 3296--A 3
1 of the state finance law and shall be used for the design, production,
2 advertising and distribution of distinctive license plates in accordance
3 with such section 95-g.
4 2. If, upon the expiration of two years following the date upon which
5 distinctive plates in the series are first available for sale two
6 hundred or more sets of such plates are sold, a bond delivered pursuant
7 to this section shall be discontinued. If fewer than two hundred sets of
8 such plates are sold by such time, the department of motor vehicles
9 shall be entitled to recover against the bond in an amount proportionate
10 to such shortfall.
11 § 4. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law; provided, however, that section three of
13 this act shall take effect immediately; and provided further, however
14 that effective immediately, the addition, amendment and/or repeal of any
15 rule or regulation necessary for the implementation of this act on its
16 effective date are authorized and directed to be made and completed on
17 or before such effective date.
