S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9960
 
                           I N  A S S E M B L Y
 
                               March 2, 2018
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the issuance
   of specialty plates for Clean Pass vehicles
 
   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-ee to read as follows:
   § 404-EE. DISTINCTIVE PLATES FOR CLEAN PASS VEHICLES.  1.  ANY  PERSON
 RESIDING  IN  THIS  STATE  SHALL,  UPON REQUEST, BE ISSUED A DISTINCTIVE
 PLATE BEARING THE WORDS "CLEAN PASS  VEHICLE".    APPLICATION  FOR  SUCH
 PLATES  SHALL  BE FILED WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS
 THE COMMISSIONER SHALL PRESCRIBE.
   2. THE DISTINCTIVE PLATE AUTHORIZED HEREIN SHALL BE ISSUED UPON PROOF,
 SATISFACTORY TO THE COMMISSIONER,  THAT  THE  VEHICLE  IS  ELIGIBLE  FOR
 CERTIFICATION AS A CLEAN PASS VEHICLE.
   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 ONE-TIME  SERVICE  CHARGE  OF  TEN
 DOLLARS SHALL BE CHARGED FOR SUCH PLATE.
   4. FOR THE PURPOSES OF THIS SECTION, "CLEAN PASS VEHICLE" SHALL MEAN A
 VEHICLE  DESIGNATED AS SUCH BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION, THE DEPARTMENT OF TRANSPORTATION OR THE DEPARTMENT OF MOTOR  VEHI-
 CLES  FOR THE PURPOSE OF ELIGIBILITY TO USE CERTAIN HIGH OCCUPANCY VEHI-
 CLE LANES PURSUANT TO THE CLEAN PASS PROGRAM.
   § 2. 1. A distinctive plate established pursuant to section 404-ee  of
 the  vehicle  and  traffic law as added by section one of this act shall
 only be designed, produced and issued upon the delivery to  the  depart-
 ment  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 commissioner of motor vehicles shall have
 received prior to plate design, production and  issuance  at  least  two
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14610-01-8

 A. 9960                             2
 
 hundred  orders  for such distinctive plate together with the additional
 one-time 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 devel-
 opment 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 on the one hundred eightieth day after
 it shall have become a law; provided, however,  that  section  three  of
 this act shall take effect immediately. 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.