S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  219--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation -- recommitted to the Committee on  Trans-
   portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- 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 the issuance
   of a distinctive license plate for members of the New York state  Elks
   association of the benevolent and protective order of the Elks
 
   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-z to read as follows:
   § 404-Z. DISTINCTIVE "ELKS ASSOCIATION" LICENSE PLATES.  1. ANY MEMBER
 OF  THE NEW YORK STATE ELKS ASSOCIATION OF THE BENEVOLENT AND PROTECTIVE
 ORDER OF THE ELKS RESIDING IN THIS STATE SHALL, UPON REQUEST, BE  ISSUED
 A  LICENSE  PLATE BEARING THE WORDS "ELKS ASSOCIATION".  APPLICATION FOR
 SAID LICENSE PLATE SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM AND
 DETAIL AS THE COMMISSIONER SHALL PRESCRIBE, AND SHALL BE VERIFIED  ANNU-
 ALLY BY THE APPLICANT.
   2.  THE  DISTINCTIVE  PLATE AUTHORIZED IN THIS SECTION SHALL BE ISSUED
 UPON PROOF, SATISFACTORY TO THE  COMMISSIONER,  THAT  THE  APPLICANT  IS
 PRESENTLY AN ACTIVE MEMBER OF THE NEW YORK STATE ELKS ASSOCIATION OF THE
 BENEVOLENT AND PROTECTIVE ORDER OF THE ELKS.
   3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN  THE  SAME  MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF THE REGULAR
 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.
   §  2.  1. A distinctive plate established pursuant to section 404-z of
 the vehicle and traffic law shall only be designed, produced and  issued
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05177-02-8

 A. 219--A                           2
 
 upon  the  delivery to the department of motor vehicles of a surety bond
 in the amount of six thousand dollars, which  shall  be  executed  by  a
 surety  company  authorized  by  the department of financial services to
 transact  business in this state. Provided, however, that if the commis-
 sioner of motor vehicles shall have  received  prior  to  plate  design,
 production and issuance at least two hundred orders for such distinctive
 plate  together  with the additional annual service charge applicable to
 each such order, which shall be  non-refundable,  no  such  surety  bond
 shall  be  required.    All  service  charges collected pursuant to this
 section shall be deposited pursuant to the provisions of section  404-oo
 of  the vehicle and traffic law to the credit of the department of motor
 vehicles distinctive plate development fund established by section  95-g
 of  the  state finance law and shall be used for the design, production,
 advertising and distribution of distinctive license plates in accordance
 with such section 95-g.
   2. If, upon the expiration of two years following the date upon  which
 distinctive  plates  in  the  series  are  first  available for sale two
 hundred or more sets of such plates are sold, a bond delivered  pursuant
 to this section shall be discontinued. If fewer than two hundred sets of
 such  plates  are  sold  by  such time, the department of motor vehicles
 shall be entitled to recover against the bond in an amount proportionate
 to such shortfall.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect on the one hundred eightieth
 day after it shall have become a law.  Effective immediately, the  addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed on or before such effective date.