S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6964
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   distinctive "Alzheimer's Awareness" license plates; and to  amend  the
   state  finance  law,  in relation to providing for further funding for
   the "Alzheimer's disease assistance 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 "ALZHEIMER'S AWARENESS" LICENSE PLATES. 1.   ANY
 PERSON  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINC-
 TIVE "ALZHEIMER'S AWARENESS" 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  ALZHEIMER'S
 DISEASE ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-E OF
 THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08559-01-3
 A. 6964                             2
 
              

   §  2.  Subdivision  2  of  section  89-e  of the state finance law, as
 amended by chapter 359 of the laws  of  2002,  is  amended  to  read  as
 follows:
   2.  Such fund shall consist of all revenues received by the department
 of taxation and finance, pursuant  to  the  provisions  of  section  six
 hundred  twenty-nine  of  the tax law, REVENUES RECEIVED PURSUANT TO THE
 PROVISIONS OF 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.   For each  state  fiscal
 year,  there shall be appropriated to the fund by the state, in addition
 to all other moneys required to be deposited into such fund,  an  amount
 equal  to  the  amounts  of monies collected and deposited into the fund
 pursuant to section six hundred twenty-nine of the tax  law  during  the
 preceding  calendar  year,  as  certified  by  the  comptroller. Nothing
 contained herein shall prevent the state from receiving grants, gifts or
 bequests for the purposes of the fund as defined  in  this  section  and
 depositing them into the fund according to 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 of motor vehicles shall have
 received prior to the plate design, production and issuance at least 200
 orders  for  such  distinctive plate together with the additional annual
 service charge applicable to each such order, which shall be non-refund-
 able, 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  vehi-
 cles  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,  200  or
 more  sets  of  such  plates are sold, a bond delivered pursuant to this
 section shall be discontinued. If fewer than 200 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.