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

                                  4989

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. BRODSKY, PAULIN, LATIMER, GALEF -- read once and
  referred to the Committee on Transportation

AN ACT to amend  the  vehicle  and  traffic  law,  in  relation  to  the
  production  of  and the assessment of a surcharge for distinctive "The
  Westchester Way" license plates; and to amend the state  finance  law,
  in relation to establishing the New York state "Westchester Way 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-x to read as follows:
  S 404-X. ISSUANCE OF DISTINCTIVE "THE WESTCHESTER WAY" LICENSE PLATES.
1.  ANY  PERSON  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A
DISTINCTIVE "THE WESTCHESTER WAY" LICENSE  PLATE.  THE  DESIGN  OF  SUCH
DISTINCTIVE  PLATE SHALL BE DEVELOPED BY THE COMMISSIONER IN COOPERATION
WITH THE WESTCHESTER COUNTY OFFICE  OF  TOURISM,  A  RECOGNIZED  TOURISM
PROMOTION  AGENCY  PURSUANT  TO  SECTION  ONE HUNDRED SIXTY-THREE OF THE
ECONOMIC DEVELOPMENT LAW, AND SHALL UTILIZE THE  "THE  WESTCHESTER  WAY"
LOGO,  AS  WELL  AS ANY OTHER LANGUAGE OR INFORMATION APPROPRIATE TO THE
PROMOTION OF TOURISM FOR THE COUNTY OF  WESTCHESTER.    APPLICATION  FOR
SAID LICENSE PLATE SHALL BE FILED WITH THE COMMISSIONER IN SUCH FORM AND
DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
  2.  A  DISTINCTIVE "THE WESTCHESTER WAY" 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 FEES 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 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 DISTINCTIVE PLATE DEVEL-
OPMENT FUND ESTABLISHED BY SECTION NINETY-FIVE-G OF  THE  STATE  FINANCE
LAW,  AND  SHALL  BE  USED  FOR  THE PRODUCTION, DESIGN, ADVERTISING AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08192-01-9
              

A. 4989                             2

MARKETING OF DISTINCTIVE LICENSE PLATES PURSUANT TO SUCH  SECTION  NINE-
TY-FIVE-G;  PROVIDED,  HOWEVER, THAT ANNUAL SERVICE CHARGES COLLECTED IN
EXCESS OF SIX THOUSAND DOLLARS SHALL BE DEPOSITED TO THE CREDIT OF  "THE
NEW  YORK  STATE  'THE  WESTCHESTER  WAY'  FUND" ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW AND SHALL BE USED FOR
TOURISM PROMOTION PROJECTS PURSUANT TO  SUCH  SECTION  NINETY-SEVEN-JJJJ
WITHIN THE COUNTY OF WESTCHESTER.
  S  2. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
  S 97-JJJJ. THE NEW YORK STATE "THE WESTCHESTER WAY 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 NEW
YORK STATE "THE WESTCHESTER WAY FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
PROVISIONS OF SECTION FOUR HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC LAW
AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
ANY  OTHER  FUND  OR  SOURCE  PURSUANT TO LAW. NOTHING CONTAINED IN THIS
SECTION 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. MONIES OF THE FUND SHALL BE EXPENDED  ONLY  FOR  TOURISM  PROMOTION
PROJECTS  WHICH  PROMOTE TOURISM IN THE COUNTY OF WESTCHESTER. MONIES OF
THE FUND SHALL BE AVAILABLE FOR TOURISM PROMOTION PURPOSES, EXCLUSIVE OF
ADMINISTRATIVE EXPENSES, TO AN ENTITY DESIGNATED BY  LOCAL  LAW  OF  THE
COUNTY OF WESTCHESTER AS RESPONSIBLE FOR TOURISM PROMOTION FOR THE COUN-
TY  OF WESTCHESTER; PROVIDED, HOWEVER, THAT SUCH DESIGNATED ENTITY SHALL
CAUSE TO BE DEVELOPED ANNUALLY A PLAN FOR TOURISM PROMOTION APPROVED  BY
THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. SUCH TOURISM
PROMOTION  PLAN  SHALL INCLUDE, BUT NOT BE LIMITED TO, PROPOSED EXPENDI-
TURES FOR TOURISM PROMOTION PROJECTS PROMOTING TOURISM IN THE COUNTY  OF
WESTCHESTER  AND  EVIDENCE  THAT  SUCH  PLAN  WILL NOT DUPLICATE TOURISM
PROMOTION CONDUCTED BY THE LOCAL TOURISM PROMOTION AGENCY.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER, ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
  5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF  THE  DEPARTMENT  OF
ECONOMIC  DEVELOPMENT  SHALL  ENSURE  THAT  ALL MONIES RECEIVED DURING A
FISCAL YEAR ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that any and all  rules  and  regu-
lations  necessary  to implement any provision of this act on its effec-
tive date may be promulgated on or before the  effective  date  of  such
provision.