S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7775
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. D. RIVERA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  creating  a
   distinctive license plate for veterans honoring Borinqueneers
 
   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 LICENSE PLATES FOR VETERANS HONORING BORINQUE-
 NEERS. 1. ANY VETERAN OR THE SPOUSE OF  ANY  SUCH  VETERAN  SHALL,  UPON
 REQUEST,  BE  ISSUED  A  DISTINCTIVE  BORINQUENEERS  LICENSE PLATE. IF A
 DISTINCTIVE PLATE IS ISSUED TO A VETERAN PURSUANT TO THIS SECTION,  SUCH
 DISTINCTIVE  PLATE  SHALL  NOT  BE ISSUED TO THE SPOUSE OF SUCH VETERAN.
 APPLICATION FOR SUCH LICENSE PLATE SHALL BE FILED WITH THE  COMMISSIONER
 IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
   2. THE DISTINCTIVE PLATE AUTHORIZED IN SUBDIVISION ONE OF THIS SECTION
 SHALL  BE  ISSUED UPON PROOF, SATISFACTORY TO THE COMMISSIONER, THAT THE
 APPLICANT OR THE SPOUSE OF THE APPLICANT IS A VETERAN.
   3. FOR THE PURPOSES OF THIS SECTION, "VETERAN" SHALL MEAN A PERSON WHO
 IS A RESIDENT OF THIS STATE, WHO SERVED  IN  THE  ARMED  FORCES  OF  THE
 UNITED  STATES,  AND WAS (A) HONORABLY DISCHARGED FROM THE ARMED FORCES,
 OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION  THREE  HUNDRED
 FIFTY  OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
 CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A  DISCHARGED  LGBT
 VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
 AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
 SUCH SERVICE.
   4. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11150-01-1
              

 A. 7775                             2
 
 PROVIDED,  HOWEVER,  THAT AN ADDITIONAL ONE TIME SERVICE CHARGE OF TWEN-
 TY-FIVE DOLLARS SHALL BE CHARGED FOR SUCH PLATES.
   5.  NOTHING  CONTAINED  HEREIN SHALL REQUIRE THE ISSUANCE OF A SPECIAL
 NUMBER PLATE UNDER THIS SECTION UNLESS  THE  COMMISSIONER  IS  SATISFIED
 THAT  THE  AGGREGATE AMOUNT OF ANNUAL SERVICE CHARGES COLLECTED PURSUANT
 TO SUBDIVISION FOUR OF THIS SECTION WILL BE SUFFICIENT  TO  RECOVER  THE
 COSTS OF THE DESIGN AND MANUFACTURE OF SUCH SPECIAL PLATES.
   §  2. 1. A distinctive plate established pursuant to section 404-ff 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 a surety bond in the amount of six thousand dollars, which shall
 be executed by a surety company authorized by the department  of  finan-
 cial  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 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 such service  charges  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,  adver-
 tising 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, such department 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 on or before such effective date.