S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    983
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07075-01-7
              

 S. 983                              2
 
   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
 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.
   §  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:
   § 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.
   §  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:
   §  [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.
   §  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.