S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5305
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the issuance
   of distinctive Down's syndrome awareness license plates
 
   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-dd to read as follows:
   § 404-DD. DISTINCTIVE DOWN'S SYNDROME AWARENESS LICENSE  PLATES.    1.
 ANY  PERSON  RESIDING  IN  THIS  STATE  SHALL, UPON REQUEST, BE ISSUED A
 DISTINCTIVE LICENSE PLATE IN SUPPORT OF DOWN'S  SYNDROME  AWARENESS  AND
 RESEARCH  BEARING  THE  PHRASE "DOWN'S SYNDROME AWARENESS" AND ANY OTHER
 PHRASES AND DESIGN APPROVED BY THE COMMISSIONER.
   2. AN APPLICATION FOR SUCH LICENSE  PLATE  SHALL  BE  FILED  WITH  THE
 COMMISSIONER   IN  SUCH  FORM  AND  DETAIL  AS  THE  COMMISSIONER  SHALL
 PRESCRIBE.
   3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE  REGU-
 LAR  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 PLATES.
   §  2. 1. A distinctive plate established pursuant to section 404-dd 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09103-01-7

 A. 5305                             2
 
 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law; provided, however that section two of this
 act shall take effect immediately; and provided  further,  however  that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  and directed to be made and completed on or
 before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5305--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Transportation --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the vehicle and traffic law and the state finance law,
   in relation to the issuance of distinctive Down's  syndrome  awareness
   license plates and the creation of the "Down's syndrome research fund"
 
   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-dd to read as follows:
   §  404-DD.  DISTINCTIVE  DOWN'S SYNDROME AWARENESS LICENSE PLATES.  1.
 ANY PERSON RESIDING IN THIS STATE  SHALL,  UPON  REQUEST,  BE  ISSUED  A
 DISTINCTIVE  LICENSE  PLATE  IN SUPPORT OF DOWN'S SYNDROME AWARENESS AND
 RESEARCH BEARING THE PHRASE "DOWN'S SYNDROME AWARENESS"  AND  ANY  OTHER
 PHRASES AND DESIGN APPROVED BY THE COMMISSIONER.
   2.  AN  APPLICATION  FOR  SUCH  LICENSE  PLATE SHALL BE FILED WITH THE
 COMMISSIONER  IN  SUCH  FORM  AND  DETAIL  AS  THE  COMMISSIONER   SHALL
 PRESCRIBE.
   3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN  THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE REGU-
 LAR 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 PLATES.
   § 2. The state finance law is amended by adding a new section 99-bb to
 read as follows:
   § 99-BB. DOWN'S SYNDROME RESEARCH FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
 COMPTROLLER A FUND TO BE KNOWN AS THE "DOWN'S SYNDROME RESEARCH FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  FOUR HUNDRED FOUR-DD OF THE VEHICLE AND TRAFFIC
 LAW AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR  TRANSFERRED  THERETO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09103-03-7

 A. 5305--A                          2
 
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED HEREIN
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
 THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED  IN
 THE  DOWN'S SYNDROME RESEARCH FUND DURING THE PRECEDING CALENDAR YEAR AS
 THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION FOUR  HUNDRED  FOUR-DD
 OF THE VEHICLE AND TRAFFIC LAW AND FROM GRANTS, GIFTS AND BEQUESTS.
   2-B. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
 ER  OF  DEVELOPMENTAL DISABILITIES SHALL PROVIDE A WRITTEN REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
 SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMIT-
 TEE,  CHAIR  OF  THE  SENATE  COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY
 HEALTH COMMITTEE, THE STATE COMPTROLLER  AND  THE  PUBLIC.  SUCH  REPORT
 SHALL  INCLUDE  HOW  THE  MONIES  OF  THE  FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
 YEAR.
   3. MONIES OF THE FUND SHALL  BE  EXPENDED  ONLY  FOR  DOWN'S  SYNDROME
 RESEARCH  PROJECTS  APPROVED  BY  THE  DEPARTMENT  OF HEALTH IN NEW YORK
 STATE. AS USED IN THIS  SECTION,  THE  TERM  "DOWN'S  SYNDROME  RESEARCH
 PROJECT"  MEANS SCIENTIFIC RESEARCH INTO THE CAUSES, PREVENTION, SCREEN-
 ING, TREATMENT AND CURE OF DOWN'S SYNDROME.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF DEVELOPMENTAL DISABILITIES.
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF DEVELOPMENTAL  DISA-
 BILITIES  SHALL ENSURE THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE
 EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
   § 3. 1. A distinctive plate established pursuant to section 404-dd  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.

 A. 5305--A                          3
 
   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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however that section two  of  this
 act  shall  take  effect immediately; and provided further, however that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.