Alzheimer's License Plates Fund Care

Section 1. The vehicle and traffic law is amended by adding a new section 404-ff to read as follows:

§ 404-ff. Distinctive "Alzheimer's Awareness" license plates. 1. Any person residing in this state shall, upon request, be issued a distinctive "Alzheimer's Awareness" 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 regular 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 fouroo 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, however, that additional annual service charges collected in excess of six thousand dollars shall be deposited to the credit of the Alzheimer's disease assistance fund established pursuant to section eighty-nine-e of the state finance law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13178-01-9

S. 6400 2

§ 2. Subdivision 2 of section 89-e of the state finance law, as amended by chapter 359 of the laws of 2002, is amended to read as follows:

2. Such fund shall consist of all revenues received by the department of taxation and finance, pursuant to the provisions of section six hundred twenty-nine of the tax law, revenues received pursuant to the provisions of 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. For each state fiscal year, there shall be appropriated to the fund by the state, in addition to all other moneys required to be deposited into such fund, an amount equal to the amounts of monies collected and deposited into the fund pursuant to section six hundred twenty-nine of the tax law during the preceding calendar year, as certified by the comptroller. Nothing contained herein shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to 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 department 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 200 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, 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, 200 or more sets of such plates are sold, a bond delivered pursuant to this section shall be discontinued. If fewer than 200 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.