S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2620
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Transportation
 
 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-y to read as follows:
   §  404-Y.  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-PPPP OF THE  STATE  FINANCE
 LAW  AND SHALL BE USED IN SUPPORT OF THE ANNUAL WEST INDIAN AMERICAN DAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08407-01-7

 A. 2620                             2
 
 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-PPPP.  SUCH
 DEPOSITS  SHALL NOT BE USED TO REPLACE, OFFSET, OR SUPPLANT ANY EXISTING
 FUNDING OF SUCH ASSOCIATION, BUT SHALL BE IN ADDITION THERETO.
   § 2. The state finance law is amended by adding a new section  97-pppp
 to read as follows:
   §  97-PPPP.  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-Y 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-Y 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.
   § 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.