S T A T E O F N E W Y O R K
________________________________________________________________________
1122
2017-2018 Regular Sessions
I N A S S E M B L Y
January 10, 2017
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
distinctive license plates for New York state licensed mental health
counselors
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-y to read as follows:
§ 404-Y. DISTINCTIVE PLATES FOR NEW YORK STATE LICENSED MENTAL HEALTH
COUNSELORS. 1. ANY NEW YORK STATE LICENSED MENTAL HEALTH COUNSELOR
RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE
FORMATTED AT THE DISCRETION OF THE DEPARTMENT BEARING THE LETTERS "MHC".
IF A DISTINCTIVE PLATE IS ISSUED TO A NEW YORK STATE LICENSED MENTAL
HEALTH COUNSELOR PURSUANT TO THIS SECTION, SUCH DISTINCTIVE PLATE SHALL
NOT BE ISSUED TO THE SPOUSE OF SUCH PERSON UNLESS SUCH SPOUSE IS A
MENTAL HEALTH COUNSELOR AS WELL. APPLICATION FOR SUCH LICENSE SHALL BE
FILED WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER
SHALL PRESCRIBE, AND SHALL BE VERIFIED ANNUALLY BY THE APPLICANT.
2. THE DISTINCTIVE PLATE AUTHORIZED IN SUBDIVISION ONE OF THIS SECTION
SHALL BE ISSUED UPON PROOF, SATISFACTORY TO THE COMMISSIONER, THAT THE
APPLICANT IS PRESENTLY A MENTAL HEALTH COUNSELOR LICENSED TO PRACTICE IN
THE STATE OF NEW YORK AND 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 SERVICE CHARGE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR
SUCH PLATE ON AN ANNUAL BASIS.
3. THE COMMISSIONER MAY SET AN ADDITIONAL FEE, NOT TO EXCEED FIFTEEN
DOLLARS, TO THE ANNUAL SERVICE CHARGE, ESTABLISHED IN SUBDIVISION TWO OF
THIS SECTION, AND SUCH FEE SHALL BE DEPOSITED TO THE CREDIT OF THE
DEPARTMENT OF MOTOR VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTAB-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05617-01-7
A. 1122 2
LISHED BY SECTION NINETY-FIVE-G OF THE STATE FINANCE LAW. SUCH FEE SHALL
BE USED FOR THE PRODUCTION, DESIGN, ADVERTISING AND MARKETING OF
DISTINCTIVE LICENSE PLATES PURSUANT TO SUCH SECTION NINETY-FIVE-G.
§ 2. 1. A distinctive plate established pursuant to section 404-y of
the vehicle and traffic law as added by section one of the chapter of
laws of 2017 enacting this section shall only be designed, produced and
issued upon the delivery to the department 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 commissioner
shall have received prior to the 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 such
service charges shall be deposited pursuant to the provisions of section
four hundred four-oo of article fourteen of the vehicle and traffic law
to the credit of the department of motor vehicles distinctive plate
development fund established by section ninety-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.
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 shall be entitled to
recover against the bond in an amount proportionate to such shortfall.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall become a law; provided, however, that section two of this act
shall take effect immediately; provided further, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed on or before
such effective date.