Assembly Bill A1949

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

                                  1949

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  distinctive license plates for  the  support  New  York  state  enter-
  tainment  program;  and to amend the state finance law, in relation to
  establishing the New York state film and television production market-
  ing 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. DISTINCTIVE PLATES FOR THE  SUPPORT  NEW  YORK  STATE  ENTER-
TAINMENT  PROGRAM.  1.  ANY  PERSON  RESIDING  IN THIS STATE SHALL, UPON
REQUEST, BE ISSUED A DISTINCTIVE LICENSE PLATE SUPPORTING NEW YORK STATE
ENTERTAINMENT 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 PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN  THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE REGU-
LAR REGISTRATION FEE 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 DEVELOPMENT FUND ESTABLISHED BY SECTION NINE-
TY-FIVE-G  OF  THE  STATE  FINANCE  LAW,  AND  SHALL  BE  USED  FOR  THE
PRODUCTION, DESIGN, ADVERTISING 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 "NEW YORK STATE  FILM  AND  TELEVISION
PRODUCTION  MARKETING  FUND" ESTABLISHED PURSUANT TO SECTION NINETY-SEV-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04919-01-9
              

A. 1949                             2

EN-JJJJ OF THE STATE FINANCE LAW AND SHALL BE USED FOR  FILM  AND  TELE-
VISION   PRODUCTION   MARKETING   PROGRAMS   PURSUANT  TO  SUCH  SECTION
NINETY-SEVEN-JJJJ.
  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 FILM AND TELEVISION PRODUCTION MARKETING
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 FILM AND TELEVISION PRODUCTION MARKET-
ING FUND.
  2.  SUCH  FUND  SHALL  CONSIST OF ALL REVENUES RECEIVED PURSUANT TO AN
APPROPRIATION BY THE  LEGISLATURE,  ALL  MONEYS  COLLECTED  PURSUANT  TO
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. (A) MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR  FILM  AND  TELE-
VISION PRODUCTION MARKETING PROGRAMS.
  (B)  AS USED IN THIS SECTION, FILM AND TELEVISION PRODUCTION MARKETING
PROGRAMS MEAN ACTIVITIES, APPROVED BY THE DEPARTMENT OF ECONOMIC  DEVEL-
OPMENT,  TO  PROMOTE AND ENCOURAGE THE OCCURRENCE, IN NEW YORK STATE, OF
FILM AND TELEVISION PRODUCTION.
  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 ECONOMIC DEVELOPMENT.
  5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER 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 eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.