S T A T E   O F   N E W   Y O R K
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                                   4976
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  authorizing
   the  issuance of distinctive license plates for family members of paid
   professional firefighters who died in the line-of-duty

   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. DISTINCTIVE  LICENSE  PLATES  FOR  FAMILY  MEMBERS  OF  PAID
 PROFESSIONAL FIREFIGHTERS WHO DIED IN THE LINE-OF-DUTY.  1. FOR PURPOSES
 OF  THIS SECTION, "FAMILY MEMBERS OF A PAID PROFESSIONAL FIREFIGHTER WHO
 DIED IN THE LINE-OF-DUTY" SHALL MEAN A SPOUSE, REGISTERED DOMESTIC PART-
 NER, PARENT, SIBLING OR CHILD OF A  PAID  PROFESSIONAL  FIREFIGHTER  WHO
 DIED  IN THE COURSE OF HIS OR HER EMPLOYMENT OR PERFORMANCE OF DUTIES AS
 A FIREFIGHTER.
   2. ANY FAMILY MEMBER OF A PAID PROFESSIONAL FIREFIGHTER  WHO  DIED  IN
 THE  LINE-OF-DUTY  AND WHO RESIDES IN THIS STATE SHALL, UPON REQUEST, BE
 ISSUED A DISTINCTIVE LICENSE PLATE BEARING THE WORDS  "SURVIVOR  OF  THE
 BRAVEST" OF A DESIGN APPROVED BY THE COMMISSIONER.  APPLICATION FOR SUCH
 LICENSE  PLATE  SHALL  BE  FILED  WITH THE COMMISSIONER IN SUCH FORM AND
 DETAIL AS THE COMMISSIONER SHALL PRESCRIBE AND SHALL BE VERIFIED ANNUAL-
 LY BY THE APPLICANT.
   3. A DISTINCTIVE PLATE AUTHORIZED PURSUANT TO SUBDIVISION TWO OF  THIS
 SECTION  SHALL  BE  ISSUED UPON PROOF, SATISFACTORY TO THE COMMISSIONER,
 THAT THE APPLICANT IS A FAMILY MEMBER OF A PAID PROFESSIONAL FIREFIGHTER
 WHO DIED IN THE LINE-OF-DUTY.
   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 ANNUAL SERVICE CHARGE OF TWENTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00292-01-9

 S. 4976                             2
 
 FIVE 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
 VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION NINE-
 TY-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.
   § 2. 1.  A distinctive plate established pursuant to section 404-ff 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 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  devel-
 opment  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 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;  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.