S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4540
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 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 "The 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-ff to read as follows:
   § 404-FF.  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 COOPER-
 ATION  WITH THE WESTCHESTER COUNTY OFFICE OF TOURISM, A RECOGNIZED TOUR-
 ISM 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09554-01-3
              

 A. 4540                             2
 
 LAW, AND SHALL BE USED  FOR  THE  PRODUCTION,  DESIGN,  ADVERTISING  AND
 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-UUUU OF THE STATE FINANCE LAW AND SHALL BE USED FOR
 TOURISM  PROMOTION  PROJECTS  PURSUANT TO SUCH SECTION NINETY-SEVEN-UUUU
 WITHIN THE COUNTY OF WESTCHESTER.
   § 2. The state finance law is amended by adding a new section  97-uuuu
 to read as follows:
   § 97-UUUU. 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-FF 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-ff  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-uuuu  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-uuuu.
 A. 4540                             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. Effective immediately, the addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are authorized  and
 directed to be made and completed on or before such effective date.