Permits local authorities to annually convert to their own use for law enforcement purposes, up to three percent of vehicles deemed abandoned or two such abandoned vehicles, whichever is greater.
STATE OF NEW YORK
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3383
2009-2010 Regular Sessions
IN ASSEMBLY
January 27, 2009
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the administrative code
of the city of New York, in relation to the conversion of abandoned
vehicles by local authorities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 6 of section 1224 of the vehi-
2 cle and traffic law, as amended by chapter 840 of the laws of 1990, is
3 amended to read as follows:
4 (a) A local authority, if authorized by special or local law, may
5 convert to its own use those abandoned vehicles not affected by subdivi-
6 sion two of this section or may, by sale or gift, transfer title to any
7 of such vehicles to any other municipal corporation for use by its law
8 enforcement agency, provided however, the total number of vehicles
9 converted and/or transferred in any calendar year may not exceed [one]
10 three percent of the local authority's unclaimed abandoned vehicles not
11 affected by subdivision two of this section or two such vehicles, which-
12 ever is greater.
13 § 2. Paragraph 1 of subdivision e of section 14-140 of the administra-
14 tive code of the city of New York, as amended by chapter 503 of the laws
15 of 1995, is amended to read as follows:
16 1. Abandoned vehicles subject to the provisions of section twelve
17 hundred twenty-four of the vehicle and traffic law in the custody of the
18 property clerk shall be disposed of in accordance with the provisions of
19 such section twelve hundred twenty-four. The city may convert to its own
20 use in any calendar year [one] three percent of any such abandoned vehi-
21 cles not subject to subdivision two of such section twelve hundred twen-
22 ty-four which are not claimed. All moneys or property other than aban-
23 doned vehicles subject to the provisions of such section twelve hundred
24 twenty-four that shall remain in the custody of the property clerk for a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06940-01-9
A. 3383 2
1 period of three months without a lawful claimant entitled thereto shall,
2 in the case of moneys, be paid into the general fund of the city estab-
3 lished pursuant to section one hundred nine of the charter, and in the
4 case of property other than such abandoned vehicles, be sold at public
5 auction after having been advertised in "the City Record" for a period
6 of ten days and the proceeds of such sale shall be paid into such fund.
7 In the alternative, any such property may be used or converted to use
8 for the purpose of any city, state or federal agency, or for charitable
9 purposes, upon consultation with the human resources administration and
10 other appropriate city agencies, and the commissioner shall report annu-
11 ally to the city council on the distribution of such property. Notwith-
12 standing the foregoing, all property or money of a deceased person that
13 shall come into the custody of the property clerk shall be delivered to
14 a representative of the estate of such decedent and if there be no such
15 representative, to the public administrator of the county where the
16 decedent resided. Where moneys or property have been unlawfully obtained
17 or stolen or embezzled or are the proceeds of crime or derived through
18 crime or derived through the conversion of unlawfully acquired property
19 or money or derived through the use or sale of property prohibited by
20 law from being held, used or sold, or have been used as a means of
21 committing crime or employed in aid or in furtherance of crime or held,
22 used or sold in violation of law, or are the proceeds of or derived
23 through bookmaking, policy, common gambling, keeping a gambling place or
24 device, or any other form of illegal gambling activity or have been
25 employed in or in connection with or in furtherance of any such gambling
26 activity, a person who so obtained, received or derived any such moneys
27 or property, or who so used, employed, sold or held any such moneys or
28 property or permitted or suffered the same to be used, employed, sold or
29 held, or who was a participant or accomplice in any such act, or a
30 person who derives his or her claim in any manner from or through any
31 such person, shall not be deemed to be the lawful claimant entitled to
32 any such moneys or property except that as concerns any vehicle taken
33 into custody in the manner provided for in subdivision b of section
34 20-519 of the code, the authorized tow company shall receive from the
35 department the cost of towing and storage as provided under subdivision
36 c of section 20-519.
37 § 3. This act shall take effect immediately.
