Senate Bill S4325

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4325
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 establishing
   distinctive "POW-MIA" license plates; and to amend the  state  finance
   law, in relation to establishing the "POW-MIA awareness 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-ff to read as follows:
   § 404-FF. DISTINCTIVE "POW-MIA" LICENSE PLATES. 1. ANY PERSON RESIDING
 IN  THIS  STATE  SHALL,  UPON REQUEST, BE ISSUED A DISTINCTIVE "POW-MIA"
 MOTOR VEHICLE OR MOTORCYCLE LICENSE PLATE OF A DESIGN  APPROVED  BY  THE
 COMMISSIONER.  APPLICATION FOR SAID LICENSE PLATE SHALL BE FILED IN SUCH
 FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
   2. 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  PLATE.  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
 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 NUMBER PLATES; PROVIDED, HOWEV-
 ER,  THAT  ADDITIONAL  ANNUAL SERVICE CHARGES COLLECTED IN EXCESS OF SIX
 THOUSAND DOLLARS SHALL BE DEPOSITED TO THE CREDIT OF THE POW-MIA  AWARE-
 NESS  FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-CCC OF THE STATE
 FINANCE LAW.
   § 2. The state finance law is amended by adding a new  section  97-ccc
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08558-01-3
 S. 4325                             2
              

 
   §  97-CCC.  POW-MIA  AWARENESS FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
 STATE  COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "POW-MIA AWARENESS
 FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SECTION
 FOUR  HUNDRED  FOUR-FF  OF  THE  VEHICLE  AND TRAFFIC LAW, AND ALL OTHER
 MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE FUND SHALL BE EXPENDED ONLY FOR POW-MIA PUBLIC EDUCA-
 TION AND AWARENESS CAMPAIGNS AND VETERAN SERVICES BY ROLLING THUNDER NEW
 YORK CHAPTERS, WHICH ARE APPROVED BY THE  NEW  YORK  STATE  DIVISION  OF
 VETERANS' SERVICES.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE STATE DIRECTOR
 OF VETERANS' SERVICES.
   § 3. 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 the 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,  the  department  of  motor  vehicles
 shall be entitled to recover against the bond 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 three of
 this act shall take effect immediately. Effective immediately, the addi-
 tion, 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.