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A08302 Summary:

A08302 Actions:

A08302 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:06/14/2019AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Excused
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Aye
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/17/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Excused

Committee:CODES   Chair:Lentol      
DATE:06/17/2019AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Absent
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Absent
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A08302 Floor Votes:

A08302 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8302--A
                                                                Cal. No. 323
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 13, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI,  SANTABARBARA  --  read once and
          referred to the Committee on Transportation  --  ordered  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading

        AN ACT to amend the transportation law,  in  relation  to  allowing  the
          commissioner of transportation to impound or immobilize stretch limou-
          sines in certain situations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph b of subdivision 9 of section 140 of  the  trans-
     2  portation  law,  as  added by section 3 of part III of chapter 59 of the
     3  laws of 2019, is amended to read as follows:
     4    b. (i) Whenever an altered motor vehicle commonly  referred  to  as  a
     5  "stretch limousine" has failed an inspection and been placed out-of-ser-
     6  vice,  the  commissioner may direct a police officer or his or her agent
     7  to immediately secure possession of the number plates  of  such  vehicle
     8  and  return  the same to the commissioner of motor vehicles. The commis-
     9  sioner shall notify the commissioner of motor vehicles to  that  effect,
    10  and  the  commissioner  of  motor  vehicles  shall thereupon suspend the
    11  registration of such vehicle until such time as the  commissioner  gives
    12  notice  that the out-of-service defect has been satisfactorily adjusted.
    13  Provided, however, that the commissioner shall give notice and an oppor-
    14  tunity to be heard within not more than thirty days of  the  suspension.
    15  Failure of the holder or of any person possessing such plates to deliver
    16  to  the  commissioner or his or her agent who requests the same pursuant
    17  to this paragraph shall be a  misdemeanor.  The  commissioner  of  motor
    18  vehicles  shall  have  the  authority  to deny a registration or renewal
    19  application to any other person for the same vehicle where it  has  been
    20  determined  that such registrant's intent has been to evade the purposes
    21  of this paragraph and where  the  commissioner  of  motor  vehicles  has
    22  reasonable  grounds  to  believe  that such registration or renewal will
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13314-05-9
        A. 8302--A                          2
 
     1  have the effect of defeating the purposes of this paragraph. The  proce-
     2  dure  on  any  such  suspension  shall  be  the same as in the case of a
     3  suspension under the vehicle and traffic law. Operation  of  such  motor
     4  vehicle  while  under  suspension  as provided in this subdivision shall
     5  constitute a class A misdemeanor.
     6    (ii) (a) Upon the seizure of number plates  pursuant  to  subparagraph
     7  (i)  of  this paragraph, if the out-of-service defect is of a type where
     8  pursuant to the commissioner's  regulations  no  inspection  certificate
     9  will  be  issued  until  the  defect  is repaired and a re-inspection is
    10  conducted, or is related to its horn, and  the  commissioner  determines
    11  that  allowing  the  altered  motor vehicle to leave the inspection area
    12  would be contrary to public safety, the commissioner may: (A) remove  or
    13  arrange  for  the removal of, or may direct any police officer to remove
    14  or arrange for the removal of, the altered motor vehicle to a garage  or
    15  other  place  of  safety  under the commissioner's jurisdiction where it
    16  shall remain impounded, subject to the provisions of  this  section;  or
    17  (B)  immobilize  or  arrange for the immobilization of the altered motor
    18  vehicle on premises owned or under the control  of  the  owner  of  such
    19  altered  motor  vehicle, subject to the provisions of this section.  The
    20  altered motor vehicle shall be  entered  into  the  New  York  statewide
    21  police  information  network  as an impounded or immobilized vehicle and
    22  the commissioner shall promptly notify the owner that the altered  motor
    23  vehicle  has been impounded or immobilized and the reason or reasons for
    24  such impoundment or immobilization, and give such owner  an  opportunity
    25  to be heard.
    26    (b) A motor vehicle so impounded or immobilized shall be in the custo-
    27  dy of the commissioner and shall not be released unless the commissioner
    28  is  satisfied that repairs have been scheduled or been made to satisfac-
    29  torily adjust such  vehicle's  out-of-service  defect  or  defects,  and
    30  payment  has  been  made to the commissioner for the reasonable costs of
    31  removal and storage of the altered motor  vehicle  if  impounded.    The
    32  registered owner of the vehicle shall be responsible for such payment.
    33    (c)  When an altered motor vehicle seized and impounded or immobilized
    34  pursuant to this subparagraph has been in the custody of the commission-
    35  er for thirty days, the commissioner shall  notify  the  owner  and  the
    36  lienholder,  if any, at his or her last known address by certified mail,
    37  return receipt requested, that if repairs are not scheduled or made  and
    38  the  vehicle  not  retrieved pursuant to clause (b) of this subparagraph
    39  within thirty days from the date the notice is given,  the  commissioner
    40  may  dispose of such vehicle as an abandoned vehicle pursuant to section
    41  twelve hundred twenty-four of the vehicle and traffic law and  may  seek
    42  to recover towing and storage costs in a civil action in the name of the
    43  people  of  the  state of New York, if applicable.  Costs recovered in a
    44  civil action under this clause shall be paid  to  the  commissioner  for
    45  deposit into the state treasury for towing and storage expenses, and any
    46  remaining  costs  recovered in a civil action under this clause shall be
    47  paid to the commissioner for deposit into the state treasury for  actual
    48  and  necessary  costs  related  to  bus  and  motor  vehicle inspections
    49  conducted pursuant to this section.
    50    (d) If an altered motor vehicle has  been  seized  and  not  retrieved
    51  pursuant  to the provisions of this subparagraph within thirty days from
    52  the date notice is given pursuant to clause (c)  of  this  subparagraph,
    53  such  altered motor vehicle shall be deemed an abandoned vehicle and the
    54  commissioner may dispose of  such  altered  motor  vehicle  pursuant  to
    55  section  twelve  hundred  twenty-four  of  the  vehicle and traffic law.
    56  Before any such disposal, the commissioner shall give ten  days'  notice
        A. 8302--A                          3
 
     1  to  the owner, who shall have an opportunity to appear and retrieve such
     2  altered motor vehicle in accordance with clause (b) of this subparagraph
     3  within ten days of the date such notice is given.
     4    (e)  An  altered  motor  vehicle  abandoned  in  accordance  with  the
     5  provisions of this section shall be  and  become  the  property  of  the
     6  department,  subject  however to any lien that was recorded prior to the
     7  seizure.
     8    (f) When an altered motor vehicle has been seized and impounded pursu-
     9  ant to this subparagraph, the commissioner shall make the altered  motor
    10  vehicle  available  or  grant  access  to  it to any owner or any person
    11  designated or authorized by such owner for the  purpose  of  (I)  taking
    12  possession of any personal property found within the altered motor vehi-
    13  cle  and (II) obtaining proof of registration, financial security, title
    14  or documentation in support thereof.
    15    § 2. This act shall take effect one year after it shall have become  a
    16  law. Effective immediately, the addition, amendment and/or repeal of any
    17  rule  or  regulation necessary for the implementation of this act on its
    18  effective date are authorized to be made and completed on or before such
    19  effective date.