BILL NUMBER: S3948

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to creating
distinctive license plates for the United States army 10th mountain
division

 
PURPOSE:

To establish distinctive license plates honoring our veterans from the
United States Army 10th Mountain Division

 
SUMMARY OF PROVISIONS:

Section 1 adds new section 404-z to the vehicle and traffic law to
provide distinctive license plates for the United States Army 10th Moun-
tain Division. The plate is available to members and supporters of the
United States Army 10th Mountain Division and proceeds from the sale of
these license plates in excess of $2,500 annually shall be paid by the
              

state comptroller to the Northern New York Community Foundation for a
scholarship program in support of financing the division's members' and
family members' pursuit of full time undergraduate or technical educa-
tion.

Section 2 provides, that distinctive plates issued pursuant to this new
section shall only be designed, produced, and issued, up on the delivery
to the Department of Motor Vehicles of a surety bond in the amount of
$6,000, 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 shall have received 200
orders for such distinctive plate together with the additional annual
service charge, no such surety bond is required. All service charges
collected pursuant to this section shall be deposited pursuant to the
provisions of Section 404-oo to the credit of the Department of Motor
Vehicles Distinctive Plate Development Fund. This section also provides
for the discontinuance of surety bonds if 200 or more sets of plates are
sold in the series during the two year following the date upon which the
plates were first made available for sale. If fewer than 200 sets of
plates are sold during the first two years of sale, the Department of
Motor Vehicles shall be entitled to recover against the bond an in
amount proportionate to such shortfall.

Section 3 provides the effective date.

 
EXISTING LAW:

Article 14 of the Vehicle and Traffic Law relates to the registration of
motor vehicles. The enumerated sections of this article provide for
distinctive license plates and the registration and issuance of license
plates based on particular circumstances.

Section 404 of the Vehicle and Traffic Law provides for the issuance of
special license plates. This section provides the commissioner may issue
special number plates to applicants therefor in the same manner as other
number plates are issued pursuant to this article.


Section 404(2) of the Vehicle and Traffic Law further provides for the
issuance of special number plates to applicants who are members of
veterans' organizations. These plate shall be issued in the same manner
as other plates, but shall be issued only upon (a) payment of the one
time service charge of $20 in addition to the regular registration fee.

Section 404-oo of the Vehicle and Traffic Law provides for the deposit
of service charges for distinctive license plates to the Department of
Motor Vehicles Distinctive Plate Development Fund established pursuant
to the State Finance Law and shall be used for the production, design,
advertising, and distribution of such distinctive license plates estab-
lished pursuant to this article on or after the effective date of this
section.

Section 95-g of the State Finance Law establishes the Department of
Motor Vehicles Distinctive Plate Development Fund consisting of all
revenues received pursuant to the provisions of Section 404-oo of the
Vehicle and Traffic Law and all money appropriated, credits, or trans-
ferred thereto from any other fund or source pursuant to law.  Moneys of
the fund are expended only for the design, production, advertising, and
distribution of distinctive license plates established pursuant to Arti-
cle 14 of the Vehicle and Traffic Law.

 
JUSTIFICATION:

From their battlefield inception in 1945, to the present, the 10th Moun-
tain Division has maintained its status as one of the most unique combat
forces in American military history. In 1985, the light infantry Divi-
sion was reactivated at Fort Drum, New York in Jefferson County. All
soldiers of the 10th Mountain Division are prepared to deploy anywhere
in the world. Whether their missions were in support of Operation Desert
Shield/Storm, the humanitarian Operation Restore Hope in Somalia, East
Africa, assisting in hurricane and ice storm relief efforts here at
home, or the most recent deployments to Afghanistan and Iraq, to name a
few, the Division has always shown their technical and tactical profi-
ciency in accomplishing their operations.

This legislation will recognize the 10th Mountain Division and their
unique training in mountain and winter warfare, which has brought them
great success and has helped advance world peace. Any member or support-
er of the United States Army 10th Mountain Division residing in this
state will be able to 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," "Veteran of the United States Army
10th Mountain Division" or "Supporter of the United States Army 10th
Mountain Division."

Applications for these distinctive plates will be filed with the commis-
sioner and no license plate, bearing the words "Member of the United
States Army 10th Mountain Division," may be issued to an applicant with-
out verification that the applicant is a member of the 10th Mountain
Division of the United States Army. However, the distinctive plates
issued will be administered in the same manner as other number plates
upon payment of the regular registration fee with an additional annual
service charge of $20.00 for such plate. This service fee will be depos-
ited into the department of motor vehicles distinctive plate development
fund and be used for production, design, advertising and marketing of
distinctive license plates.  Proceeds from the sale of these license
plates in excess of $2,500 annually shall be paid by the state comp-
troller to the Northern New York Community Foundation for a scholarship
program in support of financing the division's members' and family
members' pursuit of full time undergraduate or technical education.

The legislation will honor our veterans from the United States Army 10th
Mountain Division and support their scholarship program. By providing
members, veterans and supporters with distinctive license plates we
recognize these particular veterans' immutable service to our great
nation and help sustain the scholarship program for 10th Mountain Divi-
sion members and family members. These veterans deserve our acknowledg-
ment and appreciation and this bill achieves that objective.

 
LEGISLATIVE HISTORY:

2018: S.860B - Remained in Transportation Committee
2017: S.860B - Passed Senate
2015-2016: S.3311B - Passed the Senate
2013-2014: S.4062 - Passed Senate
2011-2012: S.5233 - Referred to Transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.