Provides for the issuance of distinctive "The Westchester Way" license plates for an additional $25 annual fee; provides for the service charge collected to be credited to the department of motor vehicles distinctive plate development fund and the excess of six thousand dollars to be deposited in the "New York state 'The Westchester Way' fund" to be used to promote tourism in Westchester county; establishes the New York state "The Westchester Way fund" to administer such monies, which shall be made available to tourism promotion agencies.
STATE OF NEW YORK
________________________________________________________________________
4540
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 404-ff to read as follows:
3 § 404-ff. Issuance of distinctive "The Westchester Way" license
4 plates. 1. Any person residing in this state shall, upon request, be
5 issued a distinctive "The Westchester Way" license plate. The design of
6 such distinctive plate shall be developed by the commissioner in cooper-
7 ation with the Westchester county office of tourism, a recognized tour-
8 ism promotion agency pursuant to section one hundred sixty-three of the
9 economic development law, and shall utilize the "The Westchester Way"
10 logo, as well as any other language or information appropriate to the
11 promotion of tourism for the county of Westchester. Application for
12 said license plate shall be filed with the commissioner in such form and
13 detail as the commissioner shall prescribe.
14 2. A distinctive "The Westchester Way" license plate issued pursuant
15 to this section shall be issued in the same manner as other number
16 plates upon the payment of the regular registration fees prescribed by
17 section four hundred one of this article; provided, however, that an
18 additional annual service charge of twenty-five dollars shall be charged
19 for such plate. Such annual service charge shall be deposited pursuant
20 to the provisions of section four hundred four-oo of this article, to
21 the credit of the department of motor vehicles distinctive plate devel-
22 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
1 law, and shall be used for the production, design, advertising and
2 marketing of distinctive license plates pursuant to such section nine-
3 ty-five-g; provided, however, that annual service charges collected in
4 excess of six thousand dollars shall be deposited to the credit of "The
5 New York state 'The Westchester Way' fund" established pursuant to
6 section ninety-seven-uuuu of the state finance law and shall be used for
7 tourism promotion projects pursuant to such section ninety-seven-uuuu
8 within the county of Westchester.
9 § 2. The state finance law is amended by adding a new section 97-uuuu
10 to read as follows:
11 § 97-uuuu. The New York state "The Westchester Way fund". 1. There is
12 hereby established in the joint custody of the commissioner of taxation
13 and finance and the comptroller a special fund to be known as the New
14 York state "The Westchester Way fund".
15 2. Such fund shall consist of all revenues received pursuant to the
16 provisions of section four hundred four-ff of the vehicle and traffic
17 law and all other moneys appropriated, credited, or transferred thereto
18 from any other fund or source pursuant to law. Nothing contained in this
19 section shall prevent the state from receiving grants, gifts, or
20 bequests for the purposes of the fund, as defined in this section, and
21 depositing them into the fund according to law.
22 3. Monies of the fund shall be expended only for tourism promotion
23 projects which promote tourism in the county of Westchester. Monies of
24 the fund shall be available for tourism promotion purposes, exclusive of
25 administrative expenses, to an entity designated by local law of the
26 county of Westchester as responsible for tourism promotion for the coun-
27 ty of Westchester; provided, however, that such designated entity shall
28 cause to be developed annually a plan for tourism promotion approved by
29 the commissioner of the department of economic development. Such tourism
30 promotion plan shall include, but not be limited to, proposed expendi-
31 tures for tourism promotion projects promoting tourism in the county of
32 Westchester and evidence that such plan will not duplicate tourism
33 promotion conducted by the local tourism promotion agency.
34 4. Monies shall be payable from the fund on the audit and warrant of
35 the comptroller, on vouchers approved and certified by the commissioner
36 of the department of economic development.
37 5. To the extent practicable, the commissioner of the department of
38 economic development shall ensure that all monies received during a
39 fiscal year are expended prior to the end of that fiscal year.
40 § 3. 1. A distinctive plate established pursuant to section 404-ff of
41 the vehicle and traffic law as added by section one of this act shall
42 only be designed, produced and issued upon the delivery to the depart-
43 ment of motor vehicles of a surety bond in the amount of six thousand
44 dollars, which shall be executed by a surety company authorized by the
45 department of financial services to transact business in this state.
46 Provided, however, that if the commissioner shall have received prior to
47 the plate design, production and issuance at least two hundred orders
48 for such distinctive plate together with the additional annual service
49 charge applicable to each such order, which shall be non-refundable, no
50 such surety bond shall be required. All such service charges shall be
51 deposited pursuant to the provisions of section four hundred four-oo of
52 the vehicle and traffic law to the credit of the New York state "The
53 Westchester Way fund" established by section ninety-seven-uuuu of the
54 state finance law and shall be used for the design, production, adver-
55 tising and distribution of distinctive license plates in accordance with
56 such section ninety-seven-uuuu.
A. 4540 3
1 2. If, upon the expiration of two years following the date upon which
2 distinctive plates in the series are first available for sale two
3 hundred or more sets of such plates are sold, a bond delivered pursuant
4 to this section shall be discontinued. If fewer than two hundred sets of
5 such plates are sold by such time, the department shall be entitled to
6 recover against the bond in an amount proportionate to such shortfall.
7 § 4. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law; provided, however, that section three of
9 this act shall take effect immediately. Effective immediately, the addi-
10 tion, amendment and/or repeal of any rule or regulation necessary for
11 the implementation of this act on its effective date are authorized and
12 directed to be made and completed on or before such effective date.
