S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2505
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the issuance
   of distinctive plates for veterans of the Iraq conflict
 
   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 VETERANS OF THE IRAQ CONFLICT.  1. ANY
 IRAQ CONFLICT VETERAN OR THE SPOUSE OF  ANY  SUCH  VETERAN  SHALL,  UPON
 REQUEST,  BE  ISSUED  A  LICENSE  PLATE BEARING THE WORDS "IRAQ CONFLICT
 VETERAN". IF A DISTINCTIVE 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 SUCH LICENSE PLATE SHALL BE FILED WITH THE
 COMMISSIONER   IN  SUCH  FORM  AND  DETAIL  AS  THE  COMMISSIONER  SHALL
 PRESCRIBE.
   2. THE DISTINCTIVE PLATE 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 CONFLICT VETERAN.
   3.  FOR  THE  PURPOSES  OF THIS SECTION, "IRAQ CONFLICT 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
 COMMENCING ON THE NINETEENTH DAY OF MARCH, TWO THOUSAND THREE, AND  WERE
 HONORABLY DISCHARGED FROM THE MILITARY.
   4. 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.   SUCH  ANNUAL  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  VEHI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08187-01-7

 S. 2505                             2
 
 CLES  DISTINCTIVE  PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION NINETY-
 FIVE-G OF THE STATE FINANCE LAW AND SHALL BE USED  FOR  THE  PRODUCTION,
 DESIGN, ADVERTISING AND MARKETING OF DISTINCTIVE LICENSE PLATES PURSUANT
 TO SUCH SECTION NINETY-FIVE-G.
   5.  NOTHING  CONTAINED  HEREIN 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 FOUR OF THIS SECTION WILL BE SUFFICIENT  TO  RECOVER  THE
 COSTS OF THE DESIGN AND MANUFACTURE OF SUCH SPECIAL PLATES.
   §  2.  1. A distinctive plate established pursuant to section 404-y of
 the vehicle and traffic law as added by section one of  this  act  shall
 only  be  designed, produced and issued upon the delivery to the depart-
 ment 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 commissioner 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 such  service
 charges  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, such department shall be entitled  to
 recover against the bond in an amount proportionate to such shortfall.
   §  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; 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 is authorized and directed to be  made  and  completed  on  or
 before such effective date.