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

                                  1934

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  distinctive plates for the deaf and hearing-impaired; and to amend the
  state finance law, in relation to establishing the New York state deaf
  and hearing-impaired 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-x to read as follows:
  S 404-X. DISTINCTIVE LICENSE PLATES FOR THE NEW YORK  STATE  DEAF  AND
HEARING-IMPAIRED.  1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "DEAF PERSON" SHALL MEAN ANY PERSON WHO, BECAUSE OF HEARING  LOSS,
IS  NOT  ABLE  TO  DISCRIMINATE SPEECH WHEN SPOKEN IN A NORMAL CONVERSA-
TIONAL TONE REGARDLESS OF THE USE OF AMPLIFICATION DEVICES; AND
  (B) "HEARING-IMPAIRED PERSON" SHALL MEAN ANY PERSON  WHO,  BECAUSE  OF
HEARING  LOSS,  HAS  A  DIMINISHED  CAPACITY TO DISCRIMINATE SPEECH WHEN
SPOKEN IN A NORMAL CONVERSATIONAL TONE.
  2. ANY PERSON RESIDING IN THIS STATE, UPON REQUEST AND ACCOMPANIED  BY
A   DOCTOR'S   STATEMENT  INDICATING  SUCH  PERSON  IS  EITHER  DEAF  OR
HEARING-IMPAIRED, SHALL BE ISSUED A DISTINCTIVE LICENSE  PLATE  FOR  THE
DEAF  AND  HEARING-IMPAIRED  OF  A  DESIGN APPROVED BY THE COMMISSIONER.
APPLICATION FOR SUCH LICENSE PLATE SHALL BE FILED WITH THE  COMMISSIONER
IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
  3.  A  DISTINCTIVE LICENSE PLATE ISSUED PURSUANT TO THIS SECTION SHALL
BE ISSUED IN THE SAME MANNER AS 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-FIVE  DOLLARS  SHALL BE CHARGED FOR SUCH PLATE.  SUCH
ANNUAL SERVICE CHARGE SHALL BE DEPOSITED PURSUANT TO THE  PROVISIONS  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00737-02-9
              

A. 1934                             2

SECTION  FOUR  HUNDRED  FOUR-OO  OF  THIS  ARTICLE  TO THE CREDIT OF THE
DEPARTMENT OF MOTOR VEHICLES DISTINCTIVE PLATE DEVELOPMENT  FUND  ESTAB-
LISHED  BY  SECTION  NINETY-FIVE-G OF THE STATE FINANCE LAW AND SHALL BE
USED  FOR  THE PRODUCTION, DESIGN, ADVERTISING AND MARKETING OF DISTINC-
TIVE LICENSE PLATES PURSUANT  TO  SECTION  NINETY-FIVE-G  OF  THE  STATE
FINANCE LAW; PROVIDED, HOWEVER, THAT ANNUAL SERVICE CHARGES COLLECTED IN
EXCESS  OF  SIX THOUSAND DOLLARS SHALL BE DEPOSITED TO THE CREDIT OF THE
"NEW YORK STATE DEAF AND HEARING-IMPAIRED FUND" ESTABLISHED PURSUANT  TO
SECTION  97-JJJJ OF THE STATE FINANCE LAW AND SHALL BE USED FOR PROGRAMS
FOR THE DEAF AND HEARING-IMPAIRED PURSUANT TO  SECTION  97-JJJJ  OF  THE
STATE FINANCE LAW.  PROVIDED, HOWEVER, THAT ONE YEAR AFTER THE EFFECTIVE
DATE  OF  THIS SECTION, FUNDS IN THE AMOUNT OF FIVE THOUSAND DOLLARS, OR
SO MUCH THEREOF AS MAY BE AVAILABLE, SHALL BE ALLOCATED FROM  SUCH  FUND
TO THE DEPARTMENT TO OFFSET COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH
LICENSE PLATES.
  S  2. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
  S 97-JJJJ. THE NEW YORK  STATE  DEAF  AND  HEARING-IMPAIRED  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 NEW YORK STATE DEAF AND HEARING-IMPAIRED FUND.
  2.  SUCH  FUND  SHALL  CONSIST OF ALL REVENUES RECEIVED PURSUANT TO AN
APPROPRIATION BY THE  LEGISLATURE,  ALL  MONEYS  COLLECTED  PURSUANT  TO
SECTION FOUR HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC LAW AND ALL OTHER
MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR  SOURCE  PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION 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. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR PROGRAMS FOR THE DEAF
AND HEARING-IMPAIRED.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF MOTOR VEHICLES.
  S 3. This act shall take effect on the one hundred eightieth day after
is shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.