S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4891
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BLANKENBUSH, GIGLIO, D'URSO -- read once and
   referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  creating
   distinctive  license  plates  for the United States army 10th mountain
   division

   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-ff to read as follows:
   § 404-FF. DISTINCTIVE PLATES FOR THE UNITED STATES ARMY 10TH  MOUNTAIN
 DIVISION. 1. A. ANY MEMBER OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVI-
 SION  RESIDING  IN  THIS STATE, SHALL, UPON REQUEST, BE ISSUED A LICENSE
 PLATE BEARING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE WORDS  "MEMBER
 OF  THE UNITED STATES ARMY 10TH MOUNTAIN DIVISION". APPLICATION FOR SUCH
 LICENSE PLATE SHALL BE FILED WITH THE  COMMISSIONER  IN  SUCH  FORM  AND
 DETAIL  AS  THE COMMISSIONER SHALL PRESCRIBE.  NO LICENSE PLATE SHALL BE
 ISSUED TO AN APPLICANT WITHOUT VERIFICATION THAT  SUCH  APPLICANT  IS  A
 MEMBER OF THE 10TH MOUNTAIN DIVISION OF THE UNITED STATES ARMY.
   B. ANY PERSON RESIDING IN THIS STATE, SHALL, UPON REQUEST, BE ISSUED A
 LICENSE  PLATE BEARING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE WORDS
 "SUPPORTER OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVISION".   APPLICA-
 TION FOR SUCH LICENSE PLATE SHALL BE FILED WITH THE COMMISSIONER IN SUCH
 FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
   C. ANY VETERAN OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVISION RESID-
 ING  IN THIS STATE, SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE BEAR-
 ING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE WORDS  "VETERAN  OF  THE
 UNITED STATES ARMY 10TH MOUNTAIN DIVISION". APPLICATION FOR SUCH LICENSE
 PLATE  SHALL  BE  FILED WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS
 THE COMMISSIONER SHALL PRESCRIBE.  NO LICENSE PLATE SHALL BE  ISSUED  TO
 AN  APPLICANT WITHOUT VERIFICATION THAT SUCH APPLICANT OWNS A REGISTERED
 MOTOR VEHICLE PURSUANT TO SECTION FOUR HUNDRED ONE OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03670-01-9

 A. 4891                             2
 
   2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN THE SAME MANNER AS SUCH 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  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  PROVIDED, HOWEVER, THAT ANNUAL SERVICE
 CHARGES COLLECTED IN EXCESS OF TWENTY-FIVE HUNDRED DOLLARS SHALL BE PAID
 BY THE STATE COMPTROLLER TO THE NORTHERN NEW YORK  COMMUNITY  FOUNDATION
 FOR THEIR SCHOLARSHIP PROGRAM.
   §  2. 1. A distinctive plate established pursuant to section 404-ff 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.  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; and provided further, that effec-
 tive 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.