S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  828--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER,  BENEDETTO, SCHIMMINGER, DenDEKKER,
   GALEF, HOOPER, JAFFEE, COLTON, BARRETT, MONTESANO, RAIA, WALTER, LUPI-
   NACCI -- Multi-Sponsored by -- M. of A.  BARCLAY,  BLANKENBUSH,  COOK,
   CROUCH,  FINCH,  HAWLEY,  KOLB, McDONOUGH, McLAUGHLIN, MOSLEY, RIVERA,
   THIELE, TITONE -- read once and referred to the Committee on Transpor-
   tation -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   distinctive  "Pink Ribbon" plates; and to amend the state finance law,
   in relation to establishing the "breast cancer education  and  support
   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-y to read as follows:
   §  404-Y.  DISTINCTIVE  "PINK  RIBBON"  LICENSE  PLATES. 1. ANY PERSON
 RESIDING IN THIS STATE SHALL, UPON  REQUEST,  BE  ISSUED  A  DISTINCTIVE
 "PINK  RIBBON"  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. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02889-03-7

 A. 828--A                           2
 
 THOUSAND DOLLARS SHALL BE DEPOSITED TO THE CREDIT OF THE  BREAST  CANCER
 EDUCATION AND SUPPORT FUND ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-I
 OF THE STATE FINANCE LAW.
   §  2. The state finance law is amended by adding a new section 95-i to
 read as follows:
   § 95-I. BREAST CANCER EDUCATION AND SUPPORT FUND. 1. THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
 FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS  THE  "BREAST
 CANCER EDUCATION AND SUPPORT FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SECTION
 FOUR HUNDRED FOUR-Y 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 BY THE DEPARTMENT  FOR  BREAST
 CANCER  EDUCATION  AND  SUPPORT  PROJECTS  AND GRANTS TO COMMUNITY-BASED
 ORGANIZATIONS PURSUANT TO  SECTION  TWENTY-FOUR  HUNDRED  SIX-A  OF  THE
 PUBLIC HEALTH LAW.
   §  3.  1. A distinctive plate established pursuant to section 404-y 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 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 article 14 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; 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.