STATE OF NEW YORK
________________________________________________________________________
7787--A
2023-2024 Regular Sessions
IN SENATE
December 6, 2023
___________
Introduced by Sen. WEBER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Transportation in accordance with Senate Rule 6, sec.
8 -- 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 "No Hate NY" license plate; and to amend the state
finance law, in relation to creating the "No Hate NY 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-ff to read as follows:
3 § 404-ff. Distinctive "No Hate NY" license plates. 1. Any person
4 residing in this state shall, upon request, be issued a distinctive
5 license plate bearing the phrase "No Hate NY". The design of such
6 distinctive plate shall be developed by the commissioner in cooperation
7 with the commissioner of the state division of human rights. Applica-
8 tion for such license plate shall be filed with the commissioner in such
9 form and 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 payment of the regular
12 registration fee prescribed by section four hundred one of this article;
13 provided, however, that an additional annual service charge of twenty-
14 five dollars shall be charged for such plates.
15 3. The entire amount of the twenty-five dollars received as the annual
16 service charge under this section shall be deposited to the credit of
17 the "No Hate NY fund" established pursuant to section ninety-nine-rr of
18 the state finance law and shall be used for hate crime awareness and
19 prevention programs.
20 § 2. The state finance law is amended by adding a new section 99-rr to
21 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10942-04-4
S. 7787--A 2
1 § 99-rr. No Hate NY fund. 1. There is hereby established in the joint
2 custody of the commissioner of taxation and finance and the comptroller
3 a fund to be known as the "No Hate NY fund".
4 2. Such fund shall consist of all revenues received pursuant to
5 section four hundred four-ff 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 No Hate NY fund during the preceding calendar year as the result of
16 revenue derived pursuant to section four hundred four-ff of the vehicle
17 and traffic law and from grants, gifts and bequests.
18 4. On or before the first day of February each year, the commissioner
19 of the state division of human rights shall provide a written report to
20 the temporary president of the senate, speaker of the assembly, chair of
21 the senate finance committee, chair of the assembly ways and means
22 committee, chair of the senate committee on health, chair of the assem-
23 bly health committee, the state comptroller and the public. Such report
24 shall include how the moneys of the fund were utilized during the
25 preceding calendar year.
26 5. Moneys of the fund shall be expended by any county within the state
27 only for hate crime awareness and prevention programs in such county. A
28 county may request funds and revenues deposited in the fund from license
29 plates issued in such county pursuant to section four hundred four-ff of
30 the vehicle and traffic law. Any such funds and revenues that are not
31 requested by or distributed to a county pursuant to this subdivision
32 within five years shall be distributed by the director of the office of
33 victim services, as established by section six hundred twenty-two of the
34 executive law, to be used as victim compensation benefits pursuant to
35 article twenty-two of the executive law, for victims of hate crimes, as
36 defined by section 485.05 of the penal law.
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 commissioner
39 of the state division of human rights.
40 7. To the extent practicable, the commissioner of the state division
41 of human rights shall ensure that all moneys received during a fiscal
42 year are expended prior to the end of that fiscal year.
43 § 3. 1. A distinctive plate established pursuant to section 404-ff 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. 7787--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. Effective immediately, the addi-
14 tion, amendment and/or repeal of any rule or regulation necessary for
15 the implementation of this act on its effective date are authorized to
16 be made and completed on or before such effective date.