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

                                  8222

                            I N  S E N A T E

                            December 23, 2016
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation to the issuance
  of license plates bearing the words "Cure Childhood  Cancer";  and  to
  amend  a chapter of the laws of 2016, amending the vehicle and traffic
  law and other laws relating to authorizing  the  issuance  of  license
  plates  bearing  the  words  "Cure  Childhood  Cancer", as proposed in
  legislative bills numbers S.  1485-A and A. 1683-A, in relation to the
  issuance of license plates bearing the words "Cure  Childhood  Cancer"
  and the effectiveness thereof

  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-cc of the vehicle and  traffic
law, as added by a chapter of the laws of 2016, amending the vehicle and
traffic  law  and  other  laws  relating  to authorizing the issuance of
license plates bearing the words "Cure Childhood Cancer", as proposed in
legislative bills numbers S. 1485-A and A. 1683-A, is amended to read as
follows:
  2. [Any] A distinctive 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 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
vehicles distinctive plate development fund established by section nine-
ty-five-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 ninety-five-g. Provided, however, that
annual surcharges collected in excess of six thousand dollars]
  3. EACH TWENTY-FIVE DOLLARS RECEIVED  AS  THE  ANNUAL  SERVICE  CHARGE
UNDER  THIS SECTION shall be deposited to the credit of the "cure child-
hood cancer research fund" established pursuant to section ninety-nine-z

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00872-05-6
              

S. 8222                             2

of the state finance law and shall be used for research programs  under-
taken pursuant to section ninety-nine-z of the state finance law.
  S  2.  A chapter of the laws of 2016, amending the vehicle and traffic
law and other laws relating  to  authorizing  the  issuance  of  license
plates  bearing the words "Cure Childhood Cancer", as proposed in legis-
lative bills numbers S. 1485-A and A. 1683-A, is amended by adding a new
section 3 to read as follows:
  S 3.  1. A DISTINCTIVE PLATE ESTABLISHED PURSUANT TO SECTION 404-CC 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. Section 3 of a chapter of the laws of 2016, amending the vehicle
and traffic law and other laws relating to authorizing the  issuance  of
license plates bearing the words "Cure Childhood Cancer", as proposed in
legislative bills numbers S. 1485-A and A. 1683-A, is amended to read as
follows:
  S  [3] 4.   This act shall take effect IMMEDIATELY; PROVIDED, HOWEVER,
THAT SECTIONS ONE AND TWO OF THIS ACT  SHALL  TAKE  EFFECT  on  the  one
hundred  eightieth  day  after  it  shall  have become a law; provided[,
however,] FURTHER, that effective 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.
  S  4.  This  act  shall  take  effect  immediately; provided, however,
sections one and two of this act shall take effect on the same date  and
in  the same manner as a chapter of the laws of 2016, amending the vehi-
cle and traffic law and other laws relating to authorizing the  issuance
of license plates bearing the words "Cure Childhood Cancer", as proposed
in legislative bills numbers S. 1485-A and A. 1683-A, takes effect.