S T A T E O F N E W Y O R K
________________________________________________________________________
361
2017-2018 Regular Sessions
I N A S S E M B L Y
January 5, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the issuance
of license plates bearing the words "Cure Childhood Cancer"; and to
amend a chapter of the laws of 2016, amending the vehicle and traffic
law and other laws relating to authorizing the issuance of license
plates bearing the words "Cure Childhood Cancer", as proposed in
legislative bills numbers S. 1485-A and A. 1683-A, in relation to the
issuance of license plates bearing the words "Cure Childhood Cancer"
and the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 404-cc of the vehicle and traffic
law, as added by a chapter of the laws of 2016, amending the vehicle and
traffic law and other laws relating to authorizing the issuance of
license plates bearing the words "Cure Childhood Cancer", as proposed in
legislative bills numbers S. 1485-A and A. 1683-A, is amended to read as
follows:
2. [Any] A distinctive plate issued pursuant to this section shall be
issued in the same manner as other number plates upon the 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. [Such 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 design,
production, advertising and distribution of distinctive license plates
in accordance with such section ninety-five-g. Provided, however, that
annual surcharges collected in excess of six thousand dollars]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07075-01-7
A. 361 2
3. EACH TWENTY-FIVE DOLLARS RECEIVED AS THE ANNUAL SERVICE CHARGE
UNDER THIS SECTION shall be deposited to the credit of the "cure child-
hood cancer research fund" established pursuant to section ninety-nine-z
of the state finance law and shall be used for research programs under-
taken pursuant to section ninety-nine-z of the state finance law.
§ 2. A chapter of the laws of 2016, amending the vehicle and traffic
law and other laws relating to authorizing the issuance of license
plates bearing the words "Cure Childhood Cancer", as proposed in legis-
lative bills numbers S. 1485-A and A. 1683-A, is amended by adding a new
section 3 to read as follows:
§ 3. 1. A DISTINCTIVE PLATE ESTABLISHED PURSUANT TO SECTION 404-CC OF
THE VEHICLE AND TRAFFIC LAW SHALL ONLY BE DESIGNED, PRODUCED AND ISSUED
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. Section 3 of a chapter of the laws of 2016, amending the vehicle
and traffic law and other laws relating to authorizing the issuance of
license plates bearing the words "Cure Childhood Cancer", as proposed in
legislative bills numbers S. 1485-A and A. 1683-A, is amended to read as
follows:
§ [3] 4. This act shall take effect IMMEDIATELY; PROVIDED, HOWEVER,
THAT SECTIONS ONE AND TWO OF THIS ACT SHALL TAKE EFFECT on the one
hundred eightieth day after it shall have become a law; provided[,
however,] FURTHER, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
§ 4. This act shall take effect immediately; provided, however,
sections one and two of this act shall take effect on the same date and
in the same manner as a chapter of the laws of 2016, amending the vehi-
cle and traffic law and other laws relating to authorizing the issuance
of license plates bearing the words "Cure Childhood Cancer", as proposed
in legislative bills numbers S. 1485-A and A. 1683-A, takes effect.