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A05093 Summary:

BILL NOA05093
 
SAME ASNo Same As
 
SPONSORLavine
 
COSPNSR
 
MLTSPNSR
 
Add §404-ff, V & T L; add §97-zzzz, St Fin L
 
Establishes distinctive "Long Island Sound" license plates; creates the "Long Island Sound environmental fund" for the department of environmental conservation to distribute moneys to not-for-profit corporations, educational organizations or local governments undertaking projects aimed at the beautification of and environmental improvements to the Long Island Sound.
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A05093 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5093
 
SPONSOR: Lavine
  TITLE OF BILL: 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 environ- mental fund"   PURPOSE: To allow for the department of motor vehicles to issue distinctive "Long Island Sound" license plates for residents of the State   SUMMARY OF PROVISIONS: Section 1: The vehicle and traffic law is amended by adding a new section 404-ff to allow for the issuance of a distinctive license plate in relation to the "Long Island Sound" license plate. Section 2: The State Finance law is amended by adding a new section 99-zzz, which establishes the "Long Island Sound environmental fund" Section 3: Requires the delivery of a surety bond, until such time that at least two hundred orders for such distinctive license plate has been filed. Section 4: Establishes the effective date   JUSTIFICATION: This legislation would provide a dedicated source of funding through a newly established "Long Island Sound environmental fund". The funding will be divided through the annual service charges assessed against persons electing to purchase distinctive Long Island Sound license plates. Money in the fund will be available to non-profits, educational organization and local governments undertaking projects aimed at the beautification of, and environmental improvements to the Long Island Sound. Such improvements include but are not limited to, water quality projects, habitat restoration projects, education, research, improving public access to the Sound, or recreational opportunities. On an annual basis, the comptroller will certify the amount of money deposited into the Long Island Sound environmental fund to the Governor, Temporary President of the Senate, Speaker of the Assembly, Chair of the Senate Finance Committee, and Chair of the Assembly Ways and Means Committee. 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 Assem- bly Ways and Means Committee, Chair of Senate Committee on Environmental Conservation, the Chair of the Assembly Environmental Conservation Committee, the State Comptroller, and the public on or before February 1 regarding the specific disbursements made the prior year.   LEGISLATIVE HISTORY: 2022 A2629 transportation   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it
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A05093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5093
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2023
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred 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:
 
     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 "Long  Island  Sound"  license  plates.  1.  Any
     4  person  residing in this state shall, upon request, be issued a distinc-
     5  tive "Long Island Sound" license plate  of  a  design  approved  by  the
     6  commissioner.  Application for said license plate shall be filed 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 the payment of the  regu-
    10  lar  registration  fee  prescribed  by  section four hundred one of this
    11  article, provided, however, that an additional annual service charge  of
    12  twenty-five  dollars  shall  be  charged for such plate. Such additional
    13  service charge shall be deposited pursuant to section four hundred four-
    14  oo of this article to the credit of the  department  of  motor  vehicles
    15  distinctive plate development fund, established by section ninety-five-g
    16  of  the state finance law, and shall be used for the production, design,
    17  advertising and marketing of distinctive number plates; provided, howev-
    18  er, that additional annual service charges collected in  excess  of  six
    19  thousand  dollars  shall  be  deposited to the credit of the Long Island
    20  Sound environmental fund established pursuant to  section  ninety-seven-
    21  zzzz of the state finance law.
    22    §  2. The state finance law is amended by adding a new section 97-zzzz
    23  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02734-01-3

        A. 5093                             2
 
     1    § 97-zzzz. Long Island Sound environmental fund. 1.  There  is  hereby
     2  established  in  the  joint  custody of the commissioner of taxation and
     3  finance, the state comptroller and  the  commissioner  of  environmental
     4  conservation, a special fund to be known as the "Long Island Sound envi-
     5  ronmental fund".
     6    2. Such fund shall consist of all moneys collected pursuant to section
     7  four  hundred  four-ff  of  the  vehicle  and traffic law, and all other
     8  moneys appropriated, credited or transferred thereto from any other fund
     9  or source pursuant to law.
    10    3. On or before the first day of February each year,  the  comptroller
    11  shall certify to the governor, temporary president of the senate, speak-
    12  er  of  the assembly, chair of the senate finance committee and chair of
    13  the assembly ways and means committee, the amount of money deposited  in
    14  the  Long  Island Sound environmental fund during the preceding calendar
    15  year as a result of the revenue derived pursuant to section four hundred
    16  four-ff of the vehicle and traffic law.
    17    4. On or before the first day of February each year, the  commissioner
    18  of  environmental  conservation  shall  provide  a written report to the
    19  temporary president of the senate, speaker of the assembly, chair of the
    20  senate finance committee, chair of the assembly ways and  means  commit-
    21  tee,  chair of the senate committee on environmental conservation, chair
    22  of the assembly environmental conservation committee,  the  state  comp-
    23  troller  and the public. Such report shall include how the moneys of the
    24  fund were  utilized  during  the  preceding  calendar  year,  and  shall
    25  include:
    26    (a)  the amount of money disbersed from the fund and the award process
    27  used for such disbursements;
    28    (b) recipients of awards from the fund;
    29    (c) the amount awarded to each;
    30    (d) the purposes for which such awards were granted; and
    31    (e) 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 to not-for-profit corpo-
    36  rations, educational  organizations  or  local  governments  undertaking
    37  projects  aimed  at the beautification of and environmental improvements
    38  to the Long Island Sound, including but not limited  to,  water  quality
    39  projects,  habitat  restoration projects, education, research, improving
    40  public access to the Sound, or recreational opportunities.
    41    6. Moneys shall be payable from the fund on the audit and  warrant  of
    42  the  comptroller  on vouchers approved and certified by the commissioner
    43  of environmental conservation.
    44    7. To  the  extent  practicable,  the  commissioner  of  environmental
    45  conservation  shall ensure that all moneys received during a fiscal year
    46  are expended prior to the end of such fiscal year.
    47    § 3. 1. A distinctive plate established pursuant to section 404-ff  of
    48  the  vehicle and traffic law, as added by section one of this act, shall
    49  only be designed, produced and issued upon the delivery to  the  depart-
    50  ment  of  motor  vehicles of a surety bond in the amount of six thousand
    51  dollars, which shall be executed by a surety company authorized  by  the
    52  department  of  financial  services  to transact business in this state.
    53  Provided, however, that if the commissioner of motor vehicles shall have
    54  received prior to the plate design, production and issuance at least two
    55  hundred orders for such distinctive plate together with  the  additional
    56  annual  service  charge  applicable  to  each such order, which shall be

        A. 5093                             3
 
     1  non-refundable, no such surety bond shall be required. All such  service
     2  charges  shall be deposited pursuant to the provisions of section 404-oo
     3  of the vehicle and traffic law to the credit of the department of  motor
     4  vehicles  distinctive plate development fund established by section 95-g
     5  of the state finance law and shall be used for the  design,  production,
     6  advertising and distribution of distinctive license plates in accordance
     7  with such section 95-g.
     8    2.  If, upon the expiration of two years following the date upon which
     9  distinctive plates in the series  are  first  available  for  sale,  two
    10  hundred  or more sets of such plates are sold, a bond delivered pursuant
    11  to this section shall be discontinued. If fewer than two hundred sets of
    12  such plates are sold by such time,  the  department  of  motor  vehicles
    13  shall be entitled to recover against the bond an amount proportionate to
    14  such shortfall.
    15    § 4. This act shall take effect on the one hundred eightieth day after
    16  it  shall  have  become  a law; provided, however, that section three of
    17  this act shall take effect immediately. Effective immediately, the addi-
    18  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    19  the  implementation  of this act on its effective date are authorized to
    20  be made and completed on or before such effective date.
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