S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4360
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER, BENEDETTO, COLTON, BARRETT, LEMONDES --
   read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   distinctive "Pink Ribbon" plates; and to amend the state finance  law,
   in  relation  to establishing the "breast cancer education and support
   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 "PINK RIBBON"  LICENSE  PLATES.  1.  ANY  PERSON
 RESIDING  IN  THIS  STATE  SHALL,  UPON REQUEST, BE ISSUED A DISTINCTIVE
 "PINK RIBBON" LICENSE PLATE OF A DESIGN APPROVED  BY  THE  COMMISSIONER.
 APPLICATION  FOR  SAID  LICENSE  PLATE  SHALL BE FILED WITH THE 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 BREAST CANCER
 EDUCATION AND SUPPORT FUND ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-L
 OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 95-l  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09057-01-3
              

 A. 4360                             2
 
   §  95-L.  BREAST CANCER EDUCATION AND SUPPORT FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE  AND  THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "BREAST
 CANCER EDUCATION AND SUPPORT 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 BY THE DEPARTMENT  FOR  BREAST
 CANCER  EDUCATION  AND  SUPPORT  PROJECTS  AND GRANTS TO COMMUNITY-BASED
 ORGANIZATIONS PURSUANT TO  SECTION  TWENTY-FOUR  HUNDRED  SIX-A  OF  THE
 PUBLIC HEALTH LAW.
   § 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 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-l  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-l.
   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
 addition, 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.