S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1689
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 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-ff to read as follows:
   § 404-FF. 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.
              

                                                            LBD00121-01-1

 A. 1689                             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-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  four
 hundred  four-oo  of  article fourteen of the vehicle and traffic law to
 the credit of the department of motor vehicles distinctive plate  devel-
 opment  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 of motor vehicles
 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.  Effective  immediately, the addition,
 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.