S T A T E O F N E W Y O R K
________________________________________________________________________
4569
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
___________
Introduced by M. of A. MORELLE, KOON -- 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 severely disabled volun-
teer firefighters
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 SEVERELY DISABLED VOLUNTEER FIREFIGHTER 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 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 addi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01792-01-9
A. 4569 2
tional 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 SEVERELY DISABLED VOLUNTEER FIREFIGHT-
ERS. 1. (A) ANY SEVERELY DISABLED VOLUNTEER FIREFIGHTER SHALL, UPON
REQUEST, BE ISSUED A LICENSE PLATE BEARING THE WORDS "NEW YORK STATE" ON
THE TOP OF SAID LICENSE PLATE AND "SEVERELY DISABLED VOLUNTEER FIRE-
FIGHTER" ON THE BOTTOM OF SAID LICENSE PLATE.
(B) ANY SEVERELY DISABLED VOLUNTEER FIREFIGHTER 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 "SEVERELY
DISABLED VOLUNTEER FIREFIGHTER" 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 VOLUNTEER FIREFIGHTER
WHO RECEIVES PERMANENT TOTAL DISABILITY BENEFITS UNDER SECTION EIGHT OF
THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW. THE DISTINCTIVE PLATE AUTHOR-
IZED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL BE ISSUED
UPON PROOF, SATISFACTORY TO THE COMMISSIONER, THAT THE APPLICANT IS
PRESENTLY A SEVERELY DISABLED VOLUNTEER FIREFIGHTER WHO RECEIVES PERMA-
NENT TOTAL DISABILITY BENEFITS UNDER SECTION EIGHT OF THE VOLUNTEER
FIREFIGHTERS' BENEFIT LAW AND WHOSE DISABILITY QUALIFIES 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 SECTION NINETY-FIVE-G OF THE STATE FINANCE LAW.
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.