STATE OF NEW YORK ________________________________________________________________________ 5657 2023-2024 Regular Sessions IN SENATE March 10, 2023 ___________ Introduced by Sens. RIVERA, 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 creating a distinctive license plate for veterans honoring Borinqueneers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 404-ff to read as follows: 3 § 404-ff. Distinctive license plates for veterans honoring Borinque- 4 neers. 1. Any veteran or the spouse of any such veteran shall, upon 5 request, be issued a distinctive Borinqueneers license plate. If a 6 distinctive plate is issued to a veteran pursuant to this section, such 7 distinctive plate shall not be issued to the spouse of such veteran. 8 Application for such license plate shall be filed with the commissioner 9 in such form and detail as the commissioner shall prescribe. 10 2. The distinctive plate authorized in subdivision one of this section 11 shall be issued upon proof, satisfactory to the commissioner, that the 12 applicant or the spouse of the applicant is a veteran. 13 3. For the purposes of this section, "veteran" shall mean a person who 14 is a resident of this state, who served in the armed forces of the 15 United States, and was (a) honorably discharged from the armed forces, 16 or (b) has a qualifying condition, as defined in section one of the 17 veterans' services law, and has received a discharge other than bad 18 conduct or dishonorable from such service, or (c) is a discharged LGBT 19 veteran, as defined in section one of the veterans' services law, and 20 has received a discharge other than bad conduct or dishonorable from 21 such service. 22 4. A distinctive plate issued pursuant to this section shall be issued 23 in the same manner as other number plates upon payment of the regular 24 registration fee prescribed by section four hundred one of this article EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02924-01-3S. 5657 2 1 provided, however, that an additional one time service charge of twen- 2 ty-five dollars shall be charged for such plates. 3 5. Nothing contained herein shall require the issuance of a special 4 number plate under this section unless the commissioner is satisfied 5 that the aggregate amount of annual service charges collected pursuant 6 to subdivision four of this section will be sufficient to recover the 7 costs of the design and manufacture of such special plates. 8 § 2. 1. A distinctive plate established pursuant to section 404-ff of 9 the vehicle and traffic law as added by section one of this act shall 10 only be designed, produced and issued upon the delivery to the depart- 11 ment of a surety bond in the amount of six thousand dollars, which shall 12 be executed by a surety company authorized by the department of finan- 13 cial services to transact business in this state. Provided, however, 14 that if the commissioner of motor vehicles shall have received prior to 15 plate design, production and issuance at least two hundred orders for 16 such distinctive plate together with the additional annual service 17 charge applicable to each such order, which shall be non-refundable, no 18 such surety bond shall be required. All such service charges shall be 19 deposited pursuant to the provisions of section 404-oo of the vehicle 20 and traffic law to the credit of the department of motor vehicles 21 distinctive plate development fund established by section 95-g of the 22 state finance law and shall be used for the design, production, adver- 23 tising and distribution of distinctive license plates in accordance with 24 such section 95-g. 25 2. If, upon the expiration of two years following the date upon which 26 distinctive plates in the series are first available for sale two 27 hundred or more sets of such plates are sold, a bond delivered pursuant 28 to this section shall be discontinued. If fewer than two hundred sets of 29 such plates are sold by such time, such department shall be entitled to 30 recover against the bond in an amount proportionate to such shortfall. 31 § 3. This act shall take effect immediately; provided, however, that 32 section one of this act shall take effect on the one hundred eightieth 33 day after it shall have become a law. Effective immediately, the addi- 34 tion, amendment and/or repeal of any rule or regulation necessary for 35 the implementation of this act on its effective date are authorized to 36 be made and completed on or before such effective date.