S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3809

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN,  ALESI,  DeFRANCISCO,  GRIFFO,  HANNON,
  O. JOHNSON, LARKIN, PADAVAN, RANZENHOFER, SEWARD, WINNER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  the  issuance  of  distinctive  license  plates  for family members of
  service members who died in the line of duty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 404-x to read as follows:
  S 404-X. DISTINCTIVE LICENSE PLATES  FOR  FAMILY  MEMBERS  OF  SERVICE
MEMBERS  WHO  DIED IN THE LINE OF DUTY. 1. FOR PURPOSES OF THIS SECTION,
"FAMILY MEMBERS OF A FALLEN SERVICE MEMBER WHO DIED IN THE LINE OF DUTY"
SHALL MEAN A SPOUSE, PARENT, SIBLING OR CHILD OF A FALLEN SERVICE MEMBER
WHO DIED IN THE COURSE OF HIS OR HER EMPLOYMENT OR PERFORMANCE OF DUTIES
AS A MEMBER OF THE UNITED STATES ARMED SERVICES.
  2. ANY FAMILY MEMBER OF A SERVICE MEMBER WHO DIED IN THE LINE OF  DUTY
AND  WHO RESIDES IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINC-
TIVE LICENSE PLATE BEARING THE WORDS "FAMILY OF A FALLEN SAILOR", "FAMI-
LY OF A FALLEN MARINE", "FAMILY OF A FALLEN SOLDIER"  OR  "FAMILY  OF  A
FALLEN AIRMAN" OR "FAMILY OF A FALLEN GUARDSMAN" OF A DESIGN APPROVED BY
THE COMMISSIONER. APPLICATION FOR SUCH LICENSE PLATE SHALL BE FILED WITH
THE  COMMISSIONER  IN  SUCH  FORM  AND  DETAIL AS THE COMMISSIONER SHALL
PRESCRIBE AND SHALL BE VERIFIED ANNUALLY BY THE APPLICANT.
  3. A DISTINCTIVE PLATE AUTHORIZED PURSUANT TO SUBDIVISION TWO OF  THIS
SECTION  SHALL  BE  ISSUED UPON PROOF, SATISFACTORY TO THE COMMISSIONER,
THAT THE APPLICANT IS A FAMILY MEMBER OF A SERVICE MEMBER  WHO  DIED  IN
THE LINE OF DUTY.
  4. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN  THE  SAME  MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF THE REGULAR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06690-01-9
              

S. 3809                             2

REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE,
PROVIDED,  HOWEVER,  THAT  AN  ADDITIONAL  ANNUAL  SERVICE   CHARGE   OF
TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR SUCH PLATE. SUCH ANNUAL SERVICE
CHARGE  SHALL  BE  DEPOSITED  PURSUANT TO THE PROVISIONS OF SECTION FOUR
HUNDRED FOUR-OO OF THIS ARTICLE TO THE CREDIT OF THE DEPARTMENT OF MOTOR
VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION NINE-
TY-FIVE-G OF THE STATE FINANCE LAW AND SHALL BE USED FOR THE PRODUCTION,
DESIGN, ADVERTISING AND MARKETING OF DISTINCTIVE LICENSE PLATES PURSUANT
TO SUCH SECTION NINETY-FIVE-G.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.