S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8567
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   distinctive  "POW-MIA"  license plates; and to amend the state finance
   law, in relation to establishing the "POW-MIA awareness fund"

   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 "POW-MIA" LICENSE PLATES. 1. ANY PERSON RESIDING
 IN THIS STATE SHALL, UPON REQUEST, BE  ISSUED  A  DISTINCTIVE  "POW-MIA"
 MOTOR  VEHICLE  OR  MOTORCYCLE LICENSE PLATE OF A DESIGN APPROVED BY THE
 COMMISSIONER.  APPLICATION FOR SAID LICENSE PLATE SHALL BE FILED IN SUCH
 FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
   2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE  REGU-
 LAR  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 ADDITIONAL
 SERVICE CHARGE SHALL BE DEPOSITED PURSUANT TO SECTION FOUR HUNDRED FOUR-
 OO OF THIS ARTICLE TO THE CREDIT OF THE  DEPARTMENT  OF  MOTOR  VEHICLES
 DISTINCTIVE PLATE DEVELOPMENT FUND, ESTABLISHED BY SECTION NINETY-FIVE-G
 OF  THE STATE FINANCE LAW, AND SHALL BE USED FOR THE PRODUCTION, DESIGN,
 ADVERTISING AND MARKETING OF DISTINCTIVE NUMBER PLATES; PROVIDED, HOWEV-
 ER, THAT ADDITIONAL ANNUAL SERVICE CHARGES COLLECTED IN  EXCESS  OF  SIX
 THOUSAND  DOLLARS SHALL BE DEPOSITED TO THE CREDIT OF THE POW-MIA AWARE-
 NESS FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-CCC OF THE  STATE
 FINANCE LAW.
   §  2.  The state finance law is amended by adding a new section 97-ccc
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06919-02-1
 A. 8567                             2
              

 
   § 97-CCC. POW-MIA AWARENESS FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN
 THE  JOINT  CUSTODY  OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
 STATE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "POW-MIA  AWARENESS
 FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SECTION
 FOUR  HUNDRED  FOUR-FF  OF  THE  VEHICLE  AND TRAFFIC LAW, AND ALL OTHER
 MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE FUND SHALL BE EXPENDED ONLY FOR POW-MIA PUBLIC EDUCA-
 TION AND AWARENESS CAMPAIGNS AND VETERAN SERVICES BY ROLLING THUNDER NEW
 YORK CHAPTERS, WHICH ARE APPROVED BY THE  NEW  YORK  STATE  DIVISION  OF
 VETERANS' SERVICES.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE STATE DIRECTOR
 OF VETERANS' SERVICES.
   § 3. 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  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 the 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,
 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 an amount proportionate to
 such shortfall.
   § 4. 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.