S T A T E O F N E W Y O R K ________________________________________________________________________ 2452 2011-2012 Regular Sessions I N S E N A T E January 21, 2011 ___________ Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to authorizing the issuance of distinctive license plates to severely disabled volun- teer firefighters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 404-a of the vehicle and traffic 2 law, as amended by chapter 191 of the laws of 1991, is amended to read 3 as follows: 4 2. Registration of vehicles owned by severely disabled persons. The 5 commissioner shall assign to such motor vehicles, including any van or 6 pick-up truck used for transporting persons with disabilities which is 7 not used for commercial purposes, owned by such persons, a distinctive 8 number and issue and deliver in such manner as the commissioner may 9 select to the owner a certification of registration, in such form as the 10 commissioner shall prescribe and two number plates, called disabled 11 person plates. Said disabled person plates shall conform to the require- 12 ments of section four hundred one of this chapter, but shall bear 13 distinctive marks to distinguish them from number plates to be issued to 14 other persons, qualifying under this chapter. PROVIDED, HOWEVER, THAT 15 NO SUCH PLATES SHALL BE ISSUED TO ANY PERSON TO WHOM THE COMMISSIONER 16 HAS ISSUED DISTINCTIVE SEVERELY DISABLED VOLUNTEER FIREFIGHTER PLATES 17 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED 18 FOUR-X OF THIS ARTICLE. The commissioner, in his OR HER discretion, may 19 issue, for any registration year, only one plate as a set for a motor 20 vehicle, in which event a set of disabled person plates for a motor 21 vehicle shall consist of one plate. Where a severely disabled person 22 owns more than one vehicle and such vehicle or vehicles is or are used 23 by severely disabled members of the owner's family who reside with the 24 owner, the commissioner shall issue one set of plates for each addi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05368-01-1 S. 2452 2 1 tional vehicle used by such severely disabled person, provided that such 2 user qualifies as a severely disabled person in the manner required by 3 this section. 4 S 2. The vehicle and traffic law is amended by adding a new section 5 404-x to read as follows: 6 S 404-X. DISTINCTIVE PLATES FOR SEVERELY DISABLED VOLUNTEER FIREFIGHT- 7 ERS. 1. (A) ANY SEVERELY DISABLED VOLUNTEER FIREFIGHTER SHALL, UPON 8 REQUEST, BE ISSUED A LICENSE PLATE BEARING THE WORDS "NEW YORK STATE" ON 9 THE TOP OF SAID LICENSE PLATE AND "SEVERELY DISABLED VOLUNTEER FIRE- 10 FIGHTER" ON THE BOTTOM OF SAID LICENSE PLATE. 11 (B) ANY SEVERELY DISABLED VOLUNTEER FIREFIGHTER WHO HAS REGISTERED HIS 12 OR HER MOTOR VEHICLE PURSUANT TO SECTION FOUR HUNDRED FOUR-A OF THIS 13 ARTICLE SHALL, UPON REQUEST, BE ISSUED A LICENSE PLATE BEARING THE 14 DISTINCTIVE MARKS AUTHORIZED BY SUCH SECTION FOUR HUNDRED FOUR-A AND THE 15 WORDS "NEW YORK STATE" ON THE TOP OF THE LICENSE PLATE AND "SEVERELY 16 DISABLED VOLUNTEER FIREFIGHTER" ON THE BOTTOM OF SAID LICENSE PLATE. 17 (C) APPLICATION FOR SAID LICENSE PLATE SHALL BE FILED WITH THE COMMIS- 18 SIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE AND 19 SHALL BE VERIFIED ANNUALLY BY THE APPLICANT. 20 2. THE DISTINCTIVE PLATE AUTHORIZED IN PARAGRAPH (A) OF SUBDIVISION 21 ONE OF THIS SECTION SHALL BE ISSUED UPON PROOF, SATISFACTORY TO THE 22 COMMISSIONER, THAT THE APPLICANT IS PRESENTLY A VOLUNTEER FIREFIGHTER 23 WHO RECEIVES PERMANENT TOTAL DISABILITY BENEFITS UNDER SECTION EIGHT OF 24 THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW. THE DISTINCTIVE PLATE AUTHOR- 25 IZED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL BE ISSUED 26 UPON PROOF, SATISFACTORY TO THE COMMISSIONER, THAT THE APPLICANT IS 27 PRESENTLY A SEVERELY DISABLED VOLUNTEER FIREFIGHTER WHO RECEIVES PERMA- 28 NENT TOTAL DISABILITY BENEFITS UNDER SECTION EIGHT OF THE VOLUNTEER 29 FIREFIGHTERS' BENEFIT LAW AND WHOSE DISABILITY QUALIFIES HIM OR HER AS A 30 SEVERELY DISABLED PERSON WITHIN THE MEANING OF SUCH TERM AS DEFINED IN 31 SUBDIVISION FOUR OF SECTION FOUR HUNDRED FOUR-A OF THIS ARTICLE AND WHO 32 HAS REGISTERED HIS OR HER MOTOR VEHICLE PURSUANT TO SECTION FOUR HUNDRED 33 FOUR-A OF THIS ARTICLE. 34 3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED 35 IN THE SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF THE REGULAR 36 REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS ARTICLE, 37 PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE OF FIFTEEN 38 DOLLARS SHALL BE CHARGED FOR SUCH PLATE. SUCH ANNUAL SERVICE CHARGE 39 SHALL BE DEPOSITED PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED 40 FOUR-OO OF THIS ARTICLE, TO THE CREDIT OF THE DEPARTMENT OF MOTOR VEHI- 41 CLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION 42 NINETY-FIVE-G OF THE STATE FINANCE LAW AND SHALL BE USED FOR THE 43 PRODUCTION, DESIGN, ADVERTISING AND MARKETING OF DISTINCTIVE LICENSE 44 PLATES PURSUANT TO SECTION NINETY-FIVE-G OF THE STATE FINANCE LAW. 45 S 3. This act shall take effect on the one hundred eightieth day after 46 it shall have become a law, except that any rules and regulations neces- 47 sary for the timely implementation of this act on its effective date 48 shall be promulgated on or before such date.