S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1606

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced   by  M.  of  A.  ZEBROWSKI,  ABBATE,  ESPAILLAT,  MAYERSOHN,
  BROOK-KRASNY, GUNTHER, PEOPLES, CLARK, HOOPER, REILLY, JAFFEE,  SCHIM-
  MINGER  -- Multi-Sponsored by -- M.  of A. BOYLAND, CAMARA, GABRYSZAK,
  KOON, MAISEL, MARKEY, PHEFFER, SWEENEY,  TITONE,  WEISENBERG  --  read
  once and referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the issuance of distinctive license plates to retired disabled  police
  officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 404-a of the vehicle and  traffic
law,  as  amended by chapter 191 of the laws of 1991, is amended to read
as follows:
  2. Registration of vehicles owned by severely  disabled  persons.  The
commissioner  shall  assign to such motor vehicles, including any van or
pick-up truck used for transporting persons with disabilities  which  is
not  used  for commercial purposes, owned by such persons, a distinctive
number and issue and deliver in such  manner  as  the  commissioner  may
select to the owner a certification of registration, in such form as the
commissioner  shall  prescribe  and  two  number plates, called disabled
person plates. Said disabled person plates shall conform to the require-
ments of section four hundred  one  of  this  chapter,  but  shall  bear
distinctive marks to distinguish them from number plates to be issued to
other  persons,  qualifying under this chapter.  PROVIDED, HOWEVER, THAT
NO SUCH PLATES SHALL BE ISSUED TO ANY PERSON TO  WHOM  THE  COMMISSIONER
HAS  ISSUED  DISTINCTIVE RETIRED DISABLED POLICE OFFICER PLATES PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR  HUNDRED  FOUR-X  OF
THIS ARTICLE. The commissioner, in his OR HER discretion, may issue, for
any  registration  year, only one plate as a set for a motor vehicle, in
which event a set of disabled person plates for a  motor  vehicle  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02483-01-9

A. 1606                             2

consist  of  one  plate. Where a severely disabled person owns more than
one vehicle and such vehicle or vehicles is  or  are  used  by  severely
disabled  members  of  the owner's family who reside with the owner, the
commissioner  shall  issue one set of plates for each additional vehicle
used by such severely disabled person, provided that such user qualifies
as a severely disabled person in the manner required by this section.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
404-x to read as follows:
  S  404-X. DISTINCTIVE PLATES FOR RETIRED DISABLED POLICE OFFICERS.  1.
(A) ANY RETIRED DISABLED POLICE OFFICER SHALL, UPON REQUEST, BE ISSUED A
LICENSE PLATE BEARING THE WORDS "NEW YORK STATE"  ON  THE  TOP  OF  SAID
LICENSE  PLATE  AND  "RETIRED  DISABLED POLICE OFFICER" ON THE BOTTOM OF
SAID LICENSE PLATE.
  (B) ANY RETIRED DISABLED POLICE OFFICER WHO HAS REGISTERED HIS OR  HER
MOTOR  VEHICLE  PURSUANT  TO SECTION FOUR HUNDRED FOUR-A OF THIS ARTICLE
SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE BEARING  THE  DISTINCTIVE
MARKS  AUTHORIZED BY SUCH SECTION FOUR HUNDRED FOUR-A AND THE WORDS "NEW
YORK STATE" ON THE TOP OF THE LICENSE PLATE AND "RETIRED DISABLED POLICE
OFFICER" ON THE BOTTOM OF SAID LICENSE PLATE.
  (C) APPLICATION FOR SAID LICENSE PLATE SHALL BE FILED WITH THE COMMIS-
SIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL  PRESCRIBE  AND
SHALL BE VERIFIED ANNUALLY BY THE APPLICANT.
  2.  THE  DISTINCTIVE  PLATE AUTHORIZED IN PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION SHALL BE ISSUED  UPON  PROOF,  SATISFACTORY  TO  THE
COMMISSIONER,  THAT THE APPLICANT IS PRESENTLY A RETIRED DISABLED POLICE
OFFICER WHO RECEIVES PERMANENT TOTAL DISABILITY BENEFITS.  THE  DISTINC-
TIVE  PLATE  AUTHORIZED  IN  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS
SECTION SHALL BE ISSUED UPON PROOF, SATISFACTORY  TO  THE  COMMISSIONER,
THAT  THE  APPLICANT  IS PRESENTLY A RETIRED DISABLED POLICE OFFICER WHO
RECEIVES PERMANENT TOTAL DISABILITY BENEFITS AND WHOSE DISABILITY QUALI-
FIES HIM OR HER AS A SEVERELY DISABLED PERSON WITHIN THE MEANING OF SUCH
TERM AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR  HUNDRED  FOUR-A  OF
THIS ARTICLE AND WHO HAS REGISTERED HIS OR HER MOTOR VEHICLE PURSUANT TO
SECTION FOUR HUNDRED FOUR-A OF THIS ARTICLE.
  3. 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,
PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE  OF  FIFTEEN
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 VEHI-
CLES  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  LICENSE
PLATES PURSUANT TO SUCH SECTION NINETY-FIVE-G.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that any rules and regulations neces-
sary  for  the  timely  implementation of this act on its effective date
shall be promulgated on or before such date.