•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09012 Summary:

BILL NOA09012
 
SAME ASSAME AS S07351
 
SPONSORHunter
 
COSPNSRCook, Colton, Sepulveda, Lawrence, Gottfried, Galef
 
MLTSPNSRErrigo
 
Amd 375, V & T L
 
Relates to the removal of all police markings, patterns and affixed lights from a vehicle prior to decommissioning and auction.
Go to top    

A09012 Actions:

BILL NOA09012
 
01/12/2018referred to transportation
Go to top

A09012 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9012
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the removal of all police markings, patterns and affixed lights from a vehicle prior to decommissioning and auction   PURPOSE: The purpose of this bill is to require the removal of police markings and patterns from decommissioned vehicles prior to auctioning them to the public.   SUMMARY OF PROVISIONS: Section 375 of the vehicle and traffic law is amended by adding a new subdivision 52. Any police vehicle purchased by the state, public authority or any municipality must have all police markings, patterns, and affixed lights removed before such a vehicle can go to auction. The police chief or any person responsible for decommissioned vehicles must assure that this takes place prior to auction. The Commissioner of the Division of Criminal Justice Services, in consultation with the Commis- sioner of Motor Vehicles, will promulgate rules and regulations deter- mining the specifications that must be met for a decommissioned vehicle to be ready for auction.   JUSTIFICATION: Police markings and patterns 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 patterns 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 auction 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 sixtieth day after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
Go to top

A09012 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9012
 
                   IN ASSEMBLY
 
                                    January 12, 2018
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to the removal
          of all police markings, patterns and affixed  lights  from  a  vehicle
          prior to decommissioning and auction
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 375 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 52 to read as follows:
     3    52. (a) Any police vehicle purchased by the state, a public authority,
     4  or  any municipality must have all police markings, patterns and affixed
     5  lights removed prior to the decommissioning and auction of such vehicle.
     6    (b) The superintendent or chief of police, or other person responsible
     7  for the supervision and maintenance of a fleet of police vehicles, shall
     8  cause any police vehicle that is  scheduled  to  be  decommissioned  and
     9  auctioned  to  have  all  police  markings,  patterns and affixed lights
    10  removed.
    11    (c) The commissioner of the division of criminal justice services,  in
    12  consultation  with  the commissioner of motor vehicles, shall promulgate
    13  rules and regulations determining the specifications that must be met to
    14  consider any vehicle ready for decommissioning and auction.
    15    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    16  have  become  a  law; provided, however, that effective immediately, the
    17  addition, amendment and/or repeal of any rule  or  regulation  necessary
    18  for  the  implementation of this act on its effective date is authorized
    19  and directed to be made and completed on or before such effective date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13654-01-7
Go to top