S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5251
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER,  BENEDETTO, GALEF, COLTON, BARRETT,
   MONTESANO -- Multi-Sponsored by --  M.  of  A.  BARCLAY,  BLANKENBUSH,
   COOK,  HAWLEY,  McDONOUGH, J. RIVERA, THIELE -- read once and referred
   to the Committee on Transportation
 
 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-ff to read as follows:
   § 404-FF. 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
 THOUSAND  DOLLARS  SHALL BE DEPOSITED TO THE CREDIT OF THE BREAST CANCER
 EDUCATION AND SUPPORT FUND ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-J
 OF THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02530-01-1

 A. 5251                             2
 
   § 2. The state finance law is amended by adding a new section 95-j  to
 read as follows:
   §  95-J.  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-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 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-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 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,  adver-
 tising 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
 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.