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.