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A09012 Summary:

BILL NOA09012A
 
SAME ASSAME AS S07351-A
 
SPONSORHunter
 
COSPNSRCook, Colton, Sepulveda, Lawrence, Gottfried, Galef, Hyndman
 
MLTSPNSRErrigo
 
Amd 375, V & T L
 
Relates to the removal of all police markings and affixed lights from a vehicle prior to decommissioning and auction.
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A09012 Actions:

BILL NOA09012A
 
01/12/2018referred to transportation
06/01/2018amend (t) and recommit to transportation
06/01/2018print number 9012a
06/05/2018reported referred to ways and means
06/20/2018reported referred to rules
06/20/2018reported
06/20/2018rules report cal.469
06/20/2018substituted by s7351a
 S07351 AMEND=A VALESKY
 01/09/2018REFERRED TO TRANSPORTATION
 06/05/2018AMEND (T) AND RECOMMIT TO TRANSPORTATION
 06/05/2018PRINT NUMBER 7351A
 06/13/2018COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/13/2018ORDERED TO THIRD READING CAL.1764
 06/13/2018PASSED SENATE
 06/13/2018DELIVERED TO ASSEMBLY
 06/13/2018referred to ways and means
 06/20/2018substituted for a9012a
 06/20/2018ordered to third reading rules cal.469
 06/20/2018passed assembly
 06/20/2018returned to senate
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A09012 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9012A
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the removal of all distinctive markings and affixed lights from a police vehicle prior to decommissioning and sale   PURPOSE: The purpose of this bill is to require the removal of police markings and lights from decommissioned vehicles prior to selling them to the public.   SUMMARY OF PROVISIONS: Section 1: Subdivision 21-a of section 375 of vehicle and traffic law is amended to remove language requiring the purchaser of a decommissioned police vehicle to remove designated markings. The police department must remove markings prior to sale. Section 2: Section 375 of the vehicle and traffic law is amended by adding a new subdivision 52. All police vehicles owned by the state, public authority, a county, town, city or village must remove distinc- tive markings and affixed lights prior to sale. The commissioner of transportation and the commissioner of the division of criminal justice services shall promulgate rules and regulations on the specific decom- missioning process.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended language removes the necessity to alter police patterns on vehicles and specifies that departments must remove markings and affixed lights. The removal of markings is now the responsibility of departments in New York City, Albany, Buffalo, Rochester, Syracuse, and Yonkers.   JUSTIFICATION: Police markings and lights on a vehicle are inappropriate for civilian use. Allowing vehicles to retain characteristics reserved for emergency vehicles, even during a grace period, increases potential for confusing and dangerous situations. A person may use the appearance of a decommis- sioned vehicle to maneuver through traffic in a dangerous manner or worse, may impersonate an officer in order to victimize someone. By requiring the removal of police lights and markings this bill will reduce instances of dangerous police impersonation and confusion during certain traffic situations. The cost of these removals can be funded through the proceeds from the sale of the vehicle. In July of 2017, the owner of a decommissioned 2007 Dodge Charger was involved in a dangerous accident when he decided to pursue motorcyclists for a perceived road rage accident. Emergency lights and the faded outline of police department logo was still visible on the vehicle. This accident resulted in a totaled motorcycle, injuries, and endangered a 4 year old.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become law and shall apply to all police vehicles sold on and after such date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized and directed to be made and completed on or before such effective date.
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A09012 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9012--A
 
                   IN ASSEMBLY
 
                                    January 12, 2018
                                       ___________
 
        Introduced by M. of A. HUNTER, COOK, COLTON, LAWRENCE, GOTTFRIED, GALEF,
          HYNDMAN  --  Multi-Sponsored  by  --  M. of A. ERRIGO -- read once and
          referred to the Committee on Transportation --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        AN ACT to amend the vehicle and traffic law, in relation to the  removal
          of  all  distinctive markings and affixed lights from a police vehicle
          prior to decommissioning and sale
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 21-a of section 375 of the vehicle and traffic
     2  law, as amended by chapter 112 of the laws of 1996, is amended  to  read
     3  as follows:
     4    21-a.  In  any  case  where  a New York state police or New York city,
     5  Albany, Buffalo, Rochester, Syracuse or Yonkers police department  vehi-
     6  cle  is  painted  a  distinctive  color  which would designate it in the
     7  public's view as such a state or city police vehicle, the  purchaser  of
     8  such  vehicle  shall cause the color of its paint to be altered [and any
     9  designated markings to be removed] within fifteen days of registration.
    10    § 2. Section 375 of the vehicle and traffic law is amended by adding a
    11  new subdivision 52 to read as follows:
    12    52. No police vehicle owned by the state, a public authority, a  coun-
    13  ty, town, city or village shall be sold unless, prior to such sale, such
    14  vehicle  is  decommissioned  and  any  distinctive  markings and affixed
    15  lights which would designate it in the public's view as  such  a  police
    16  vehicle  have been removed. The commissioner of the division of criminal
    17  justice services, in consultation with the commissioner,  shall  promul-
    18  gate  rules and regulations determining the specifications for decommis-
    19  sioning police vehicles and for the removal of such distinctive markings
    20  and affixed lights prior to sale.
    21    § 3. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law and shall apply to all police  vehicles  sold
    23  on  and  after such date. Effective immediately, the addition, amendment
    24  and/or repeal of any rule or regulation necessary for the implementation
    25  of this act on its effective date are authorized and directed to be made
    26  and completed on or before such effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13654-04-8
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