Bill Text: NY S07137 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes the creation of a "New York public television and radio" license plate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-04 - PRINT NUMBER 7137A [S07137 Detail]
Download: New_York-2019-S07137-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7137--A IN SENATE January 8, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the vehicle and traffic law, in relation to authorizing the creation of a "New York public television and radio" license plate; and to amend the state finance law, in relation to providing for deposits of certain moneys into the cultural education account 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-qq to read as follows: 3 § 404-qq. Distinctive "New York public television and radio" license 4 plates. 1. Any person shall upon request be issued a distinctive "New 5 York public television and radio" license plate of a design or designs 6 to be approved by the commissioner. The department is authorized to 7 create distinctive designs of such plate for each individual public 8 television corporation, public radio corporation, or public radio 9 station that fulfills all applicable requirements related to the design, 10 production, and issuance of such plate. Application for said license 11 plate shall be filed with the commissioner in such form and detail as 12 the commissioner shall prescribe. 13 2. A distinctive "New York public television and radio" license plate 14 issued pursuant to this section shall be issued in the same manner as 15 other number plates upon the payment of the regular registration fees 16 prescribed by section four hundred one of this article; provided, howev- 17 er, that an additional annual service charge of twenty-five dollars 18 shall be charged for such plate. 19 3. Each twenty-five dollars received as the annual service charge 20 under this section shall be deposited to the credit of the "cultural 21 education account" established pursuant to section ninety-seven-zzz of 22 the state finance law and shall be used for grants to public television 23 and radio corporations and public radio stations as specified in section 24 ninety-seven-zzz of the state finance law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14632-06-0S. 7137--A 2 1 § 2. Section 97-zzz of the state finance law, as added by section 3-a 2 of part B of chapter 83 of the laws of 2002, subdivision 3 as amended by 3 section 3 of part C of chapter 58 of the laws of 2011, is amended to 4 read as follows: 5 § 97-zzz. Cultural education account. 1. There is hereby established 6 in the joint custody of the state comptroller and the commissioner of 7 taxation and finance an account of the miscellaneous special fund to be 8 known as the cultural education account. 9 2. The comptroller is authorized and directed to receive for deposit 10 to the credit of the cultural education account revenues designated for 11 such deposit by law including those derived from the surcharge author- 12 ized by [the third undesignated] paragraph three of subdivision (a) of 13 section eight thousand eighteen of the civil practice and law and rules, 14 subparagraph b of paragraph four of subdivision (a) of section eight 15 thousand twenty-one of such law, subparagraph b of paragraph eleven of 16 subdivision (b) of section eight thousand twenty-one of such law, 17 section four hundred four-qq of the vehicle and traffic law, and subdi- 18 vision a of section 7-604, subdivision 1 of section 7-614 of the admin- 19 istrative code of the city of New York. 20 3. Moneys of this account, following appropriation by the legislature, 21 shall be available to support the following agencies and programs: (a) 22 the state education department for services and expenses of the cultural 23 education program including operating expenses and capital projects and 24 the New York state summer school of the arts subject to a plan approved 25 by the commissioner of education and the director of the budget; [and] 26 (b) the Nelson A. Rockefeller performing arts center corporation subject 27 to a plan approved by the director of the budget; and (c) grants pursu- 28 ant to subdivision four of this section to public television corpo- 29 rations, public radio stations and/or public radio corporations, as 30 defined in section two hundred thirty-six of the education law, for the 31 purposes of public service programming subject to a plan approved by the 32 commissioner of education. 33 4. (a) Moneys deposited to the credit of this account for the purposes 34 of grants to public television corporations, public radio stations 35 and/or public radio corporations, as defined in section two hundred 36 thirty-six of the education law, for the purposes of public service 37 programming: 38 (i) shall consist of all revenues received pursuant to section four 39 hundred four-qq of the vehicle and traffic law, and all other moneys 40 appropriated, credited, or transferred to this account for such purposes 41 from any other fund or source pursuant to law, provided that nothing 42 contained in this section shall prevent the state from receiving grants, 43 gifts, for such purposes and depositing them into this account according 44 to law; 45 (ii) shall be kept separate from and not commingled with other moneys 46 authorized for deposit to the credit of this account or any other funds 47 held in the custody of the state comptroller or the commissioner of 48 taxation and finance, either jointly or separately; and 49 (iii) shall be made payable from this account by the state comptroller 50 and the commissioner of taxation and finance on vouchers approved by the 51 commissioner of education, to be administered through the office of 52 educational television and public broadcasting within the department of 53 education. In developing a plan for distributing such grants, the 54 commissioner of education may consider developing rules to allow the 55 distribution of such grants to each individual recipient in an amountS. 7137--A 3 1 proportional to the number of orders for plates designed, produced, and 2 issued for such recipient. 3 (b) To the extent practicable, the commissioner of education shall 4 ensure that all moneys received from this account during a fiscal year 5 are expended prior to the end of that fiscal year. 6 (c) On or before the first day of February each year, the state comp- 7 troller and commissioner of taxation and finance shall certify to the 8 governor, temporary president of the senate, speaker of the assembly, 9 chair of the senate finance committee and chair of the assembly ways and 10 means committee the amount of money deposited in this account for the 11 purposes of this subdivision during the preceding calendar year as the 12 result of revenue derived pursuant to section four hundred-qq of the 13 vehicle and traffic law or any other fund or source pursuant to law or 14 from grants, gifts and bequests. 15 (d) On or before the first day of February each year, the commissioner 16 of education shall provide a written report to the governor, temporary 17 president of the senate, speaker of the assembly, chair of the senate 18 finance committee, chair of the assembly ways and means committee, and 19 the public. Such report shall include how moneys deposited in this 20 account for the purposes of this subdivision were utilized during the 21 preceding calendar year and shall include: 22 (i) the amount of money disbursed from this account for the purposes 23 of this subdivision; 24 (ii) the recipients of awards from this account for the purposes of 25 this subdivision; 26 (iii) the purposes for which such awards were granted; and 27 (iv) a summary financial plan for such moneys which shall include 28 estimates of all receipts and all disbursements for the current and 29 succeeding fiscal years, along with the actual results from the prior 30 fiscal year. 31 § 3. 1. A distinctive plate established pursuant to section 404-qq of 32 the vehicle and traffic law shall only be designed, produced and issued 33 upon the delivery to the department of motor vehicles of a surety bond 34 in the amount of six thousand dollars, which shall be executed by a 35 surety company authorized by the department of financial services to 36 transact business in this state. Provided, however, that if the commis- 37 sioner of motor vehicles shall have received prior to plate design, 38 production and issuance at least two hundred orders for such distinctive 39 plate together with the additional annual service charge applicable to 40 each such order, which shall be non-refundable, no such surety bond 41 shall be required. All service charges collected pursuant to this 42 section shall be deposited pursuant to the provisions of section 404-oo 43 of the vehicle and traffic law to the credit of the department of motor 44 vehicles distinctive plate development fund established by section 95-g 45 of the state finance law and shall be used for the design, production, 46 advertising and distribution of distinctive license plates in accordance 47 with such section 95-g. 48 2. If, upon the expiration of two years following the date upon which 49 distinctive plates in the series are first available for sale two 50 hundred or more sets of such plates are sold, a bond delivered pursuant 51 to this section shall be discontinued. If fewer than two hundred sets of 52 such plates are sold by such time, the department of motor vehicles 53 shall be entitled to recover against the bond in an amount proportionate 54 to such shortfall. 55 § 4. This act shall take effect on the sixtieth day after it shall 56 have become a law; provided, however, that effective immediately, theS. 7137--A 4 1 addition, amendment and/or repeal of any rule or regulation necessary 2 for the implementation of this act on its effective date are authorized 3 and directed to be made and completed on or before such effective date.
