S T A T E   O F   N E W   Y O R K
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                                 6705--A
    Cal. No. 1109

                            I N  S E N A T E

                            February 8, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a  third  reading,  passed by Senate and delivered to the
  Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00782-02-6

S. 6705--A                          2

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
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.