Assembly Bill A10665

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

                                  10665

                          I N  A S S E M B L Y

                              June 10, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
  read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the issuance
  of a distinctive license plate for Iraq War  and  War  in  Afghanistan
  veterans

  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 PLATES FOR IRAQ WAR AND WAR IN AFGHANISTAN VETER-
ANS.  1. ANY IRAQ WAR OR WAR IN AFGHANISTAN VETERAN OR THE SPOUSE OF ANY
SUCH VETERAN SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE BEARING  THE
WORDS  "IRAQ WAR VETERAN" OR "WAR IN AFGHANISTAN VETERAN". IF A DISTINC-
TIVE PLATE IS ISSUED TO A VETERAN  PURSUANT  TO  THIS  SECTION,  SUCH  A
DISTINCTIVE  PLATE  SHALL  NOT  BE ISSUED TO THE SPOUSE OF SUCH VETERAN.
APPLICATION FOR SAID LICENSE PLATE SHALL BE FILED WITH THE  COMMISSIONER
IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
  2.  THE  DISTINCTIVE  PLATES  AUTHORIZED  IN  SUBDIVISION  ONE OF THIS
SECTION SHALL BE ISSUED UPON PROOF, SATISFACTORY  TO  THE  COMMISSIONER,
THAT  THE APPLICANT OR THE SPOUSE OF THE APPLICANT IS AN IRAQ WAR OR WAR
IN AFGHANISTAN VETERAN.
  3. FOR THE PURPOSES OF THIS SECTION, "IRAQ WAR VETERAN" SHALL  MEAN  A
PERSON  WHO  IS A RESIDENT OF THIS STATE, WHO SERVED IN THE ARMED FORCES
OF THE UNITED STATES IN THE HOSTILITIES THAT OCCURRED IN IRAQ  FROM  THE
TWENTIETH  DAY  OF  MARCH,  TWO  THOUSAND THREE TO THE EIGHTEENTH DAY OF
DECEMBER, TWO THOUSAND ELEVEN, AND WAS  HONORABLY  DISCHARGED  FROM  THE
MILITARY.
  4.  "WAR IN AFGHANISTAN VETERAN" SHALL MEAN A PERSON WHO IS A RESIDENT
OF THIS STATE, WHO SERVED IN THE ARMED FORCES OF THE  UNITED  STATES  IN
THE  HOSTILITIES  THAT OCCURRED IN AFGHANISTAN FROM THE TWENTIETH DAY OF
SEPTEMBER, TWO THOUSAND ONE TO THE  END  OF  SUCH  HOSTILITIES  AND  WAS
HONORABLY DISCHARGED BY THE MILITARY.
  5. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN  THE  SAME  MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF THE REGULAR

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

                                                           LBD00782-04-6

A. 10665                            2

REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS  ARTICLE
PROVIDED,  HOWEVER,  THAT  AN  ADDITIONAL ONE TIME SERVICE CHARGE OF TEN
DOLLARS SHALL BE CHARGED FOR SUCH PLATE.
  6.  NOTHING  CONTAINED IN THIS SECTION SHALL REQUIRE THE ISSUANCE OF A
SPECIAL NUMBER PLATE UNDER  THIS  SECTION  UNLESS  THE  COMMISSIONER  IS
SATISFIED  THAT THE AGGREGATE AMOUNT OF ANNUAL SERVICE CHARGES COLLECTED
PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION  WILL  BE  SUFFICIENT  TO
RECOVER THE COSTS OF THE DESIGN AND MANUFACTURE OF SUCH SPECIAL PLATES.
  S  2.  1. A distinctive plate established pursuant to section 404-x of
the vehicle and traffic law shall only be designed, produced and  issued
upon  the  delivery to the department 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  commis-
sioner  of  motor  vehicles  shall  have received prior to plate design,
production and issuance at least two hundred orders for such distinctive
plate together with the additional annual service charge  applicable  to
each  such  order,  which  shall  be non-refundable, no such surety bond
shall be required.  All  service  charges  collected  pursuant  to  this
section  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
vehicles  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  two
hundred  or more sets of such plates are sold, a bond delivered pursuant
to this section shall be discontinued. If fewer than two hundred sets of
such plates are sold by such time,  the  department  of  motor  vehicles
shall be entitled to recover against the bond in an amount proportionate
to such shortfall.
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the one  hundred  eightieth
day  after it shall have become a law; and provided further, that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date  are  authorized and directed to be made and completed on or before
such effective date.