S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1122
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   distinctive  license  plates for New York state licensed mental health
   counselors
 
   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-y to read as follows:
   § 404-Y. DISTINCTIVE PLATES FOR NEW YORK STATE LICENSED MENTAL  HEALTH
 COUNSELORS.    1.  ANY  NEW  YORK STATE LICENSED MENTAL HEALTH COUNSELOR
 RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED  A  LICENSE  PLATE
 FORMATTED AT THE DISCRETION OF THE DEPARTMENT BEARING THE LETTERS "MHC".
 IF  A  DISTINCTIVE  PLATE  IS ISSUED TO A NEW YORK STATE LICENSED MENTAL
 HEALTH COUNSELOR PURSUANT TO THIS SECTION, SUCH DISTINCTIVE PLATE  SHALL
 NOT  BE  ISSUED  TO  THE  SPOUSE  OF SUCH PERSON UNLESS SUCH SPOUSE IS A
 MENTAL HEALTH COUNSELOR AS WELL. APPLICATION FOR SUCH LICENSE  SHALL  BE
 FILED  WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER
 SHALL PRESCRIBE, AND SHALL BE VERIFIED ANNUALLY BY THE APPLICANT.
   2. THE DISTINCTIVE PLATE AUTHORIZED IN SUBDIVISION ONE OF THIS SECTION
 SHALL BE ISSUED UPON PROOF, SATISFACTORY TO THE COMMISSIONER,  THAT  THE
 APPLICANT IS PRESENTLY A MENTAL HEALTH COUNSELOR LICENSED TO PRACTICE IN
 THE  STATE  OF  NEW YORK AND 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  SERVICE  CHARGE  OF TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR
 SUCH PLATE ON AN ANNUAL BASIS.
   3. THE COMMISSIONER MAY SET AN ADDITIONAL FEE, NOT TO  EXCEED  FIFTEEN
 DOLLARS, TO THE ANNUAL SERVICE CHARGE, ESTABLISHED IN SUBDIVISION TWO OF
 THIS  SECTION,  AND  SUCH  FEE  SHALL  BE DEPOSITED TO THE CREDIT OF THE
 DEPARTMENT OF MOTOR VEHICLES DISTINCTIVE PLATE DEVELOPMENT  FUND  ESTAB-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05617-01-7

 A. 1122                             2
 
 LISHED BY SECTION NINETY-FIVE-G OF THE STATE FINANCE LAW. SUCH FEE 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-y of
 the vehicle and traffic law as added by section one of  the  chapter  of
 laws  of 2017 enacting this section shall only be designed, produced and
 issued upon the delivery to the department  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
 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
 four hundred four-oo of article fourteen of the vehicle and traffic  law
 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 design, production, advertising
 and distribution of distinctive license plates in accordance  with  such
 section ninety-five-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 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  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  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date is authorized and directed to be made and completed  on  or  before
 such effective date.