S T A T E   O F   N E W   Y O R K
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                                  4339

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by M. of A. PERRY -- 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-LLLL OF THE  STATE  FINANCE
LAW  AND SHALL BE USED IN SUPPORT OF THE ANNUAL WEST INDIAN AMERICAN DAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00114-01-3
              

A. 4339                             2

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-LLLL.  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-llll
to read as follows:
  S  97-LLLL.  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.