S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    758
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee 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-y to read as follows:
   § 404-Y. 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.
              

                                                            LBD05209-01-7

 A. 758                              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-PPPP OF THE STATE FINANCE LAW AND SHALL BE USED FOR
 TOURISM PROMOTION PROJECTS PURSUANT TO  SUCH  SECTION  NINETY-SEVEN-PPPP
 WITHIN THE COUNTY OF WESTCHESTER.
   §  2. The state finance law is amended by adding a new section 97-pppp
 to read as follows:
   § 97-PPPP. 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-Y 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.
   § 3. 1. A distinctive plate established pursuant to section  404-y  of
 the  vehicle  and  traffic law as added by section one of this act shall
 only be designed, produced and issued upon the delivery to  the  depart-
 ment  of  motor  vehicles of a surety bond in the amount of six thousand
 dollars, which shall be executed by a surety company authorized  by  the
 department  of  financial  services  to transact business in this state.
 Provided, however, that if the commissioner shall have received prior to
 the plate design, production and issuance at least  two  hundred  orders
 for  such  distinctive plate together with the additional annual service
 charge applicable to each such order, which shall be non-refundable,  no
 such  surety  bond  shall be required. All such service charges shall be
 deposited pursuant to the provisions of section four hundred four-oo  of
 the  vehicle  and  traffic  law to the credit of The New York state "The
 Westchester Way fund" established by section  ninety-seven-pppp  of  the
 state  finance  law and shall be used for the design, production, adver-
 tising and distribution of distinctive license plates in accordance with
 such section ninety-seven-pppp.

 A. 758                              3

   2. If, upon the expiration of two years following the date upon  which
 distinctive  plates  in  the  series  are  first  available for sale two
 hundred or more sets of such plates are sold, a bond delivered  pursuant
 to this section shall be discontinued. If fewer than two hundred sets of
 such  plates  are sold by such time, the department shall be entitled to
 recover against the bond in an amount proportionate to such shortfall.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however,  that  section  three  of
 this  act shall take effect immediately; provided further, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.