STATE OF NEW YORK
________________________________________________________________________
4013--B
2017-2018 Regular Sessions
IN SENATE
February 1, 2017
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Introduced by Sens. ADDABBO, MARCHIONE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Transportation in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee and committed to the Commit-
tee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law and the state finance law,
in relation to the issuance of distinctive Down's syndrome awareness
license plates and the creation of the "Down's syndrome research 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-ee to read as follows:
3 § 404-ee. Distinctive Down's syndrome awareness license plates. 1.
4 Any person residing in this state shall, upon request, be issued a
5 distinctive license plate in support of Down's syndrome awareness and
6 research bearing the phrase "Down's Syndrome Awareness" and any other
7 phrases and design approved by the commissioner. Application for said
8 license plate shall be filed with the commissioner in such form and
9 detail as the commissioner shall prescribe.
10 2. A distinctive plate issued pursuant to this section shall be issued
11 in the same manner as other number plates upon the payment of the regu-
12 lar registration fee prescribed by section four hundred one of this
13 article; provided, however, that an additional annual service charge of
14 twenty-five dollars shall be charged for such plates.
15 3. Each twenty-five dollars received as the annual service charge
16 under this section shall be deposited to the credit of the "Down's
17 syndrome research fund" established pursuant to section ninety-nine-ee
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09103-05-8
S. 4013--B 2
1 of the state finance law and shall be used for research undertaken
2 pursuant to section ninety-nine-ee of the state finance law.
3 § 2. The state finance law is amended by adding a new section 99-ee to
4 read as follows:
5 § 99-ee. Down's syndrome research fund. 1. There is hereby established
6 in the joint custody of the commissioner of taxation and finance and the
7 comptroller a fund to be known as the "Down's syndrome research fund".
8 2. Such fund shall consist of all revenues received pursuant to
9 section four hundred four-ee of the vehicle and traffic law and all
10 other moneys appropriated, credited or transferred thereto from any
11 other fund or source pursuant to law. Nothing contained in this section
12 shall prevent the state from receiving grants, gifts or bequests for the
13 purposes of the fund as defined in this section and depositing them into
14 the fund according to law.
15 2-a. On or before the first day of February each year, the comptroller
16 shall certify to the governor, temporary president of the senate, speak-
17 er of the assembly, chair of the senate finance committee and chair of
18 the assembly ways and means committee, the amount of money deposited in
19 the Down's syndrome research fund during the preceding calendar year as
20 the result of revenue derived pursuant to section four hundred four-ee
21 of the vehicle and traffic law and from grants, gifts and bequests.
22 2-b. On or before the first day of February each year, the commission-
23 er of the office for people with developmental disabilities shall
24 provide a written report to the temporary president of the senate,
25 speaker of the assembly, chair of the senate finance committee, chair of
26 the assembly ways and means committee, chair of the senate committee on
27 mental health and developmental disabilities, chair of the assembly
28 committee on mental health, the state comptroller and the public. Such
29 report shall include how the monies of the fund were utilized during the
30 preceding calendar year, and shall include:
31 (i) the amount of money disbursed from the fund and the award process
32 used for such disbursements;
33 (ii) recipients of awards from the fund;
34 (iii) the amount awarded to each;
35 (iv) the purposes for which such awards were granted; and
36 (v) a summary financial plan for such monies which shall include esti-
37 mates of all receipts and all disbursements for the current and succeed-
38 ing fiscal years, along with the actual results from the prior fiscal
39 year.
40 3. Monies of the fund shall be expended only for Down's syndrome
41 research projects approved by the office for people with developmental
42 disabilities in New York state. As used in this section, the term
43 "Down's syndrome research project" means scientific research approved by
44 the office for people with developmental disabilities into the causes,
45 prevention, screening, treatment and cure of Down's syndrome.
46 4. Monies shall be payable from the fund on the audit and warrant of
47 the comptroller on vouchers approved and certified by the commissioner
48 of the office for people with developmental disabilities.
49 5. To the extent practicable, the commissioner of the office for
50 people with developmental disabilities shall ensure that all monies
51 received during a fiscal year are expended prior to the end of that
52 fiscal year.
53 § 3. 1. A distinctive plate established pursuant to section 404-ee of
54 the vehicle and traffic law shall only be designed, produced and issued
55 upon the delivery to the department of motor vehicles of a surety bond
56 in the amount of six thousand dollars, which shall be executed by a
S. 4013--B 3
1 surety company authorized by the department of financial services to
2 transact business in this state. Provided, however, that if the commis-
3 sioner of motor vehicles shall have received prior to plate design,
4 production and issuance at least two hundred orders for such distinctive
5 plate together with the additional annual service charge applicable to
6 each such order, which shall be non-refundable, no such surety bond
7 shall be required. All service charges collected pursuant to this
8 section shall be deposited pursuant to the provisions of section 404-oo
9 of the vehicle and traffic law to the credit of the department of motor
10 vehicles distinctive plate development fund established by section 95-g
11 of the state finance law and shall be used for the design, production,
12 advertising and distribution of distinctive license plates in accordance
13 with such section 95-g.
14 2. If, upon the expiration of two years following the date upon which
15 distinctive plates in the series are first available for sale two
16 hundred or more sets of such plates are sold, a bond delivered pursuant
17 to this section shall be discontinued. If fewer than two hundred sets of
18 such plates are sold by such time, the department of motor vehicles
19 shall be entitled to recover against the bond in an amount proportionate
20 to such shortfall.
21 § 4. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law; provided, however that section two of this
23 act shall take effect immediately; and provided further, however that
24 effective immediately, the addition, amendment and/or repeal of any rule
25 or regulation necessary for the implementation of this act on its effec-
26 tive date are authorized and directed to be made and completed on or
27 before such effective date.