STATE OF NEW YORK ________________________________________________________________________ 1956--A 2015-2016 Regular Sessions IN SENATE January 15, 2015 ___________ Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recom- mitted 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 and the state finance law, in relation to creating a distinctive license plate for the Drug Abuse Resistance Education (D.A.R.E.) program 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-x to read as follows: 3 § 404-x. Distinctive plates for the Drug Abuse Resistance Education 4 (D.A.R.E.) program. 1. Any person residing in this state shall, upon 5 request, be issued a distinctive Drug Abuse Resistance Education 6 (D.A.R.E.) program license plate. The design of such distinctive plate 7 shall be developed by the commissioner in consultation with the super- 8 intendent of state police. 9 2. A distinctive plate issued pursuant to this section shall be issued 10 in the same manner as other number plates upon the payment of the regu- 11 lar registration fee prescribed by section four hundred one of this 12 article; provided, however, that an additional annual service charge of 13 twenty-five dollars shall be charged for such plate. Such annual 14 service charge shall be deposited pursuant to the provisions of section 15 four hundred four-oo of this article to the credit of the department of 16 motor vehicles distinctive plate development fund established by section 17 ninety-five-g of the state finance law and shall be used for the 18 production, design, advertising and marketing of distinctive license 19 plates pursuant to section ninety-five-g of the state finance law; 20 provided, however, that annual service charges collected in excess of 21 six thousand dollars shall be deposited to the credit of the Drug Abuse EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07262-02-6S. 1956--A 2 1 Resistance Education (D.A.R.E.) fund established pursuant to section 2 ninety-seven-pppp of the state finance law and shall be used for public 3 education and outreach costs related to drug abuse resistance education 4 pursuant to section ninety-seven-pppp of the state finance law; 5 provided, however, that one year after the effective date of this 6 section, funds up to a maximum of six thousand dollars, or so much ther- 7 eof as may be available, shall be allocated from such fund to the 8 department to offset costs associated with the production of such 9 license plate. 10 § 2. The state finance law is amended by adding a new section 97-pppp 11 to read as follows: 12 § 97-pppp. Drug Abuse Resistance Education (D.A.R.E.) fund. 1. There 13 is hereby established in the joint custody of the state comptroller and 14 the commissioner of taxation and finance a special revenue fund to be 15 known as the Drug Abuse Resistance Education (D.A.R.E.) fund. 16 2. The Drug Abuse Resistance Education (D.A.R.E.) fund shall consist 17 of moneys received by the state pursuant to section four hundred four-x 18 of the vehicle and traffic law, moneys donated or given to the state, 19 and all other moneys appropriated, credited or transferred thereto from 20 any other fund or source. 21 3. Moneys of the Drug Abuse Resistance Education (D.A.R.E.) fund, 22 shall be made available to the superintendent of state police for public 23 education and outreach program costs related to drug abuse resistance 24 education. 25 § 3. 1. A distinctive plate established pursuant to section 404-x of 26 the vehicle and traffic law as added by section one of this act shall 27 only be designed, produced and issued upon the delivery to the depart- 28 ment of motor vehicles of a surety bond in the amount of six thousand 29 dollars, which shall be executed by a surety company authorized by the 30 department of financial services to transact business in this state. 31 Provided, however, that if the commissioner of motor vehicles shall have 32 received prior to plate design, production and issuance at least two 33 hundred orders for such distinctive plate together with the additional 34 annual service charge applicable to each such order, which shall be 35 non-refundable, no such surety bond shall be required. All such service 36 charges shall be deposited pursuant to the provisions of section 404-oo 37 of the vehicle and traffic law to the credit of the department of motor 38 vehicles distinctive plate development fund established by section 95-g 39 of the state finance law and shall be used for the design, production, 40 advertising and distribution of distinctive license plates in accordance 41 with such section 95-g. 42 2. If, upon the expiration of two years following the date upon which 43 distinctive plates in the series are first available for sale two 44 hundred or more sets of such plates are sold, a bond delivered pursuant 45 to this section shall be discontinued. If fewer than two hundred sets of 46 such plates are sold by such time, the department of motor vehicles 47 shall be entitled to recover against the bond in an amount proportionate 48 to such shortfall. 49 § 4. This act shall take effect immediately; provided, however, that 50 section one of this act shall take effect on the one hundred eightieth 51 day after it shall have become a law; provided further, however, that 52 effective immediately, the addition, amendment and/or repeal of any rule 53 or regulation necessary for the implementation of this act on its effec- 54 tive date is authorized and directed to be made and completed on or 55 before such effective date.