Bill Text: NY S07787 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to the creation of the "No Hate NY" license plate and the "No Hate NY fund" to support hate crime awareness and prevention programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-06 - PRINT NUMBER 7787A [S07787 Detail]

Download: New_York-2023-S07787-Amended.html



                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.
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