S T A T E   O F   N E W   Y O R K
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                                  4096

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

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 Upstate New York PBA; and to  amend
  the  state  finance  law,  in relation to establishing the Upstate New
  York PBA 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 UPSTATE NEW  YORK  PBA.    1.  ANY
PERSON  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINC-
TIVE LICENSE PLATE BEARING THE WORDS "SUPPORT LAW  ENFORCEMENT"  ON  THE
BOTTOM  OF  SAID LICENSE PLATE WITH THE OFFICIAL LOGO OF THE UPSTATE NEW
YORK PBA ON THE LEFT OF  SAID  LICENSE  PLATE.    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
NINETY-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 "UPSTATE NEW  YORK  PBA  FUND"  ESTAB-
LISHED PURSUANT TO SECTION NINETY-SEVEN-KKKK OF THE STATE FINANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06419-01-1
              

A. 4096                             2

  S  2. The state finance law is amended by adding a new section 97-kkkk
to read as follows:
  S  97-KKKK.  THE UPSTATE NEW YORK PBA FUND.  1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
AND  THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE UPSTATE NEW YORK
PBA 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.   MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF MOTOR VEHICLES.
  4. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF MOTOR VEHICLES 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 is authorized to be made on  or
before such effective date.