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A07911 Summary:

BILL NOA07911
 
SAME ASSAME AS S06082
 
SPONSORPerry
 
COSPNSROrtiz, Williams, D'Urso, Hooper, Galef
 
MLTSPNSRCook, Hikind, Hyndman
 
Add 1229-e, V & T L
 
Prohibits the parking or storing of a fully concealed vehicle on a public street.
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A07911 Actions:

BILL NOA07911
 
05/18/2017referred to transportation
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A07911 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7911
 
SPONSOR: Perry (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to prohibiting the parking or storing of a fully concealed vehicle on a public street   PURPOSE: To enhance the safety on our streets and reduce the possibility of a parked vehicle being used in an act of terrorism or for some other crim- inal purpose.   SUMMARY OF PROVISIONS: Section one of the bill adds § 1229-e to the vehicle and traffic law to prohibit the parking or storing of a fully concealed vehicle on a public street.This section also defines "fully concealed vehicle" to mean a vehicle covered with an opaque material where the license plate, the vehicle identification number, vehicle registration and other identify- ing information, and all the windows are not visible from plain view. This legislation also subjects vehicles parked in violation of this section to immediate towing and impounding to a location where the safe- ty concerns regarding the vehicle shall be determined. In addition, this bill authorizes and empowers local governing bodies to adopt a local option in order to impose a penalty for a violation of this section, including the cost of the tow. Furthermore, this bill provides for the release of the vehicle once all its contents are determined to be of no safety threat and subject to all sanctions imposed by local authorities being satisfied. Section two provides the effective date.   JUSTIFICATION: A motor vehicle is large enough to be used to store all kinds of contra- band and even equipment that can be used in acts of terrorism. On May 1, 2010, two individuals saved New Yorkers from a potential tragedy when they noticed smoke coming from the back seat of a parked vehicle. Had the vehicle been covered with an opaque material, it is very likely that the bomb could have exploded due to the concealment preventing the smoke from being spotted early enough. Every day in neighborhoods all over New York, vehicles are sometimes parked and stored on public streets, totally wrapped with opaque cover- ing, hiding everything within the vehicle from plain view, including in some cases, license plates and other important vehicle identifying information. License plates and other identifying information should always be visible on vehicles parked on public streets to ensure that a vehicle sought in an Amber Alert or for use in other criminal activity could be discovered if it is left parked on a public street. Allowing vehicles with opaque covering to park on a public street increase the potential for it to be used in an act of terrorism. Enact- ment of this legislation would greatly increase safety in our community by prohibiting the parking of concealed vehicles on public streets.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A07911 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7911
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 18, 2017
                                       ___________
 
        Introduced by M. of A. PERRY, ORTIZ, WILLIAMS, D'URSO -- Multi-Sponsored
          by  -- M. of A. COOK, HIKIND, HYNDMAN -- read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
          the parking or storing of a fully concealed vehicle on a public street

          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 1229-e to read as follows:
     3    §  1229-e. Prohibition of a fully concealed vehicle parked on a public
     4  street. (1) For the purposes of this section, "fully concealed  vehicle"
     5  shall  mean  a vehicle covered with an opaque material where the license
     6  plate, the vehicle identification number, vehicle registration and other
     7  identifying information, and all windows are not visible.
     8    (2) The parking or storing of a fully concealed vehicle  on  a  public
     9  street shall be strictly prohibited.
    10    (3) Any vehicle parked on a public street in violation of this section
    11  shall be subject to immediate impound and towing to a location where the
    12  safety concerns regarding the vehicle shall be determined.
    13    (4)  Notwithstanding  any other provisions of law to the contrary, any
    14  municipality of this state, acting through its local  legislative  body,
    15  is  hereby authorized and empowered to adopt and amend local laws, rules
    16  and ordinances, in accordance with the provisions of  this  section,  in
    17  order to impose a penalty for violating this section, which may include,
    18  but not be limited to, the cost of towing the vehicle.
    19    (5)  If the vehicle and its contents are determined to be of no safety
    20  threat, the vehicle shall be released subject  to  satisfaction  of  all
    21  sanctions imposed by local authorities for the release of the vehicle.
    22    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09669-06-7
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