S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6838
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   distinctive "100 Percent Electric Vehicle" 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-ff to read as follows:
   § 404-FF. 1. ANY PERSON WHO OWNS OR LEASES A CAR RUNNING  ONE  HUNDRED
 PERCENT  ON  ELECTRICITY  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE
 ISSUED A DISTINCTIVE "100 PERCENT ELECTRIC VEHICLE" LICENSE PLATE  OF  A
 DESIGN APPROVED BY THE COMMISSIONER.  APPLICATION FOR SAID LICENSE PLATE
 SHALL  BE  FILED  WITH  THE  FORM  AND  DETAIL AS THE COMMISSIONER SHALL
 PRESCRIBE.
   2. THE DISTINCTIVE PLATE AUTHORIZED HEREIN SHALL BE ISSUED UPON PROOF,
 SATISFACTORY TO THE COMMISSIONER, THAT THE APPLICANT IS AN ELECTRIC  CAR
 OWNER OR LESSEE.
   3. 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 ANNUAL SERVICE CHARGE  OF  TWENTY-
 FIVE  DOLLARS  SHALL BE CHARGED FOR SUCH PLATES. SUCH ADDITIONAL SERVICE
 CHARGE SHALL BE DEPOSITED PURSUANT TO SECTION FOUR  HUNDRED  FOUR-OO  OF
 THIS  ARTICLE TO THE CREDIT OF THE DEPARTMENT OF MOTOR VEHICLES DISTINC-
 TIVE PLATE 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 NUMBER PLATES.
   § 2. 1. A distinctive plate established pursuant to section 404-ff  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10876-01-9

 A. 6838                             2
 
 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. 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. 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 to be
 made and completed on or before such effective date.