S T A T E   O F   N E W   Y O R K
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                                  3552

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. ALFANO,
  BARRA, CAMARA, DIAZ, FARRELL, GREENE, HOYT, ROBINSON, SWEENEY,  TOWNS,
  WRIGHT -- read once and referred to the Committee on Transportation

AN  ACT  to amend the vehicle and traffic law and the state finance law,
  in relation to issuing "West Indian American Day Carnival" distinctive
  license plates

  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-x to read as follows:
  S 404-X. DISTINCTIVE  "WEST  INDIAN  AMERICAN  DAY  CARNIVAL"  LICENSE
PLATES.    1.  ANY PERSON RESIDING IN THIS STATE SHALL, UPON REQUEST, BE
ISSUED A DISTINCTIVE "WEST INDIAN AMERICAN DAY CARNIVAL"  LICENSE  PLATE
OF  A DESIGN APPROVED BY THE COMMISSIONER.  APPLICATION FOR SUCH LICENSE
PLATE SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM  AND  DETAIL  AS
THE COMMISSIONER SHALL PRESCRIBE.
  2.  A  DISTINCTIVE  "WEST  INDIAN AMERICAN DAY CARNIVAL" LICENSE 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, HOWEV-
ER, THAT AN ADDITIONAL ANNUAL  SERVICE  CHARGE  OF  TWENTY-FIVE  DOLLARS
SHALL  BE  CHARGED  FOR SUCH PLATE.  SUCH ANNUAL SERVICE CHARGE SHALL BE
DEPOSITED PURSUANT TO THE PROVISIONS OF SECTION FOUR HUNDRED FOUR-OO  OF
THIS ARTICLE, TO THE CREDIT OF THE DEPARTMENT OF MOTOR VEHICLES DISTINC-
TIVE  PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION NINETY-FIVE-G OF THE
STATE FINANCE LAW AND SHALL BE USED FOR THE PRODUCTION,  DESIGN,  ADVER-
TISING  AND  MARKETING  OF  DISTINCTIVE  LICENSE PLATES PURSUANT TO SUCH
SECTION NINETY-FIVE-G; PROVIDED, HOWEVER, THAT  ANNUAL  SERVICE  CHARGES
COLLECTED  IN  EXCESS  OF SIX THOUSAND DOLLARS SHALL BE DEPOSITED TO THE
CREDIT OF THE "WEST  INDIAN  AMERICAN  DAY  CARNIVAL  ASSOCIATION  FUND"
ESTABLISHED  PURSUANT  TO SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01909-01-9
              

A. 3552                             2

LAW AND SHALL BE USED IN SUPPORT OF THE ANNUAL WEST INDIAN AMERICAN  DAY
PARADE  AND  CARNIVAL  PRODUCED BY THE WEST INDIAN AMERICAN DAY CARNIVAL
ASSOCIATION, A NOT-FOR-PROFIT CORPORATION ORGANIZED AND  OPERATED  UNDER
THE LAWS OF THIS STATE PURSUANT TO SUCH SECTION NINETY-SEVEN-JJJJ.  SUCH
DEPOSITS  SHALL NOT BE USED TO REPLACE, OFFSET, OR SUPPLANT ANY EXISTING
FUNDING OF SUCH ASSOCIATION, BUT SHALL BE IN ADDITION THERETO.
  S 2. The state finance law is amended by adding a new section  97-jjjj
to read as follows:
  S  97-JJJJ.  WEST  INDIAN  AMERICAN DAY CARNIVAL ASSOCIATION FUND.  1.
THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
TROLLER  AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
AS THE WEST INDIAN AMERICAN DAY CARNIVAL ASSOCIATION FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SECTION
FOUR HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS
CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR  SOURCE  PURSUANT
TO  LAW,  PROVIDED  THAT  SECTION FOUR HUNDRED FOUR-X OF THE VEHICLE AND
TRAFFIC LAW SHALL CONTROL THE METHOD OF PAYMENT FOR THE COSTS OF PRODUC-
ING THE DISTINCTIVE LICENSE PLATES AUTHORIZED PURSUANT TO  SUCH  SECTION
OF LAW.
  3.  MONEYS  OF THE FUND SHALL BE EXPENDED ONLY FOR THE ACTUAL COSTS OF
PRODUCING THE ANNUAL WEST INDIAN AMERICAN DAY PARADE AND CARNIVAL BY THE
WEST INDIAN AMERICAN DAY CARNIVAL ASSOCIATION, EXCLUSIVE OF  ADMINISTRA-
TIVE  EXPENSES.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND
WARRANT OF THE STATE COMPTROLLER ON VOUCHERS  APPROVED  BY  THE  GENERAL
SECRETARY  OF  THE  WEST  INDIAN  AMERICAN DAY CARNIVAL ASSOCIATION. ANY
INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT  IN  THE  WEST
INDIAN  AMERICAN  DAY CARNIVAL ASSOCIATION FUND SHALL BE RETAINED IN AND
BECOME PART OF SUCH FUND. NO MONEY FROM  SUCH  FUND  MAY  BE  WITHDRAWN,
TRANSFERRED, OR USED BY ANY PERSON FOR ANY PURPOSE OTHER THAN AS PERMIT-
TED BY THIS SECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Any rules and regulations required to imple-
ment  the  foregoing  provisions  of this act shall be promulgated on or
before such date.