S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1538
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. BLANKENBUSH, ANGELINO, BRABENEC, BYRNES, DeSTEFA-
   NO, DURSO, McDONOUGH, MILLER, SMULLEN, TAGUE -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05144-01-3
 A. 1538                             2
              

 
 AN APPLICANT WITHOUT VERIFICATION THAT SUCH APPLICANT OWNS A  REGISTERED
 MOTOR VEHICLE PURSUANT TO SECTION FOUR HUNDRED ONE OF THIS ARTICLE.
   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. 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.