STATE OF NEW YORK
        ________________________________________________________________________
                                         219--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Transportation -- recommitted to the Committee on  Trans-
          portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- 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 the issuance
          of a distinctive license plate for members of the New York state  Elks
          association of the benevolent and protective order of the Elks
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 404-z to read as follows:
     3    § 404-z. Distinctive "Elks Association" license plates.  1. Any member
     4  of  the New York state Elks association of the benevolent and protective
     5  order of the Elks residing in this state shall, upon request, be  issued
     6  a  license  plate bearing the words "Elks Association".  Application for
     7  said license plate shall be filed with the commissioner in such form and
     8  detail as the commissioner shall prescribe, and shall be verified  annu-
     9  ally by the applicant.
    10    2.  The  distinctive  plate authorized in this section shall be issued
    11  upon proof, satisfactory to the  commissioner,  that  the  applicant  is
    12  presently an active member of the New York state Elks association of the
    13  benevolent and protective order of the Elks.
    14    3. A distinctive plate issued pursuant to this section shall be issued
    15  in  the  same  manner as other number plates upon payment of the regular
    16  registration fee prescribed by section four hundred one of this article,
    17  provided, however, that an additional annual service charge  of  twenty-
    18  five dollars shall be charged for such plate.
    19    §  2.  1. A distinctive plate established pursuant to section 404-z of
    20  the vehicle and traffic law shall only be designed, produced and  issued
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05177-02-8

        A. 219--A                           2
     1  upon  the  delivery to the department of motor vehicles of a surety bond
     2  in the amount of six thousand dollars, which  shall  be  executed  by  a
     3  surety  company  authorized  by  the department of financial services to
     4  transact  business in this state. Provided, however, that if the commis-
     5  sioner of motor vehicles shall have  received  prior  to  plate  design,
     6  production and issuance at least two hundred orders for such distinctive
     7  plate  together  with the additional annual service charge applicable to
     8  each such order, which shall be  non-refundable,  no  such  surety  bond
     9  shall  be  required.    All  service  charges collected pursuant to this
    10  section shall be deposited pursuant to the provisions of section  404-oo
    11  of  the vehicle and traffic law to the credit of the department of motor
    12  vehicles distinctive plate development fund established by section  95-g
    13  of  the  state finance law and shall be used for the design, production,
    14  advertising and distribution of distinctive license plates in accordance
    15  with such section 95-g.
    16    2. If, upon the expiration of two years following the date upon  which
    17  distinctive  plates  in  the  series  are  first  available for sale two
    18  hundred or more sets of such plates are sold, a bond delivered  pursuant
    19  to this section shall be discontinued. If fewer than two hundred sets of
    20  such  plates  are  sold  by  such time, the department of motor vehicles
    21  shall be entitled to recover against the bond in an amount proportionate
    22  to such shortfall.
    23    § 3. This act shall take effect immediately; provided,  however,  that
    24  section  one  of this act shall take effect on the one hundred eightieth
    25  day after it shall have become a law.  Effective immediately, the  addi-
    26  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    27  the implementation of this act on its effective date are  authorized  to
    28  be made and completed on or before such effective date.