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

                                  8266

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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-JJJJ OF THE  STATE  FINANCE
LAW  AND SHALL BE USED IN SUPPORT OF THE ANNUAL WEST INDIAN AMERICAN DAY
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-JJJJ.  SUCH

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

                                                           LBD01909-01-9

S. 8266                             2

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-jjjj
to read as follows:
  S 97-JJJJ. 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.