S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3383

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section 1. Paragraph (a) of subdivision 6 of section 1224 of the vehi-
cle and traffic law, as amended by chapter 840 of the laws of  1990,  is
amended to read as follows:
  (a)  A  local  authority,  if  authorized by SPECIAL OR local law, may
convert to its own use those abandoned vehicles not affected by subdivi-
sion two of this section or may, by sale or gift, transfer title to  any
of  such  vehicles to any other municipal corporation for use by its law
enforcement agency, provided  however,  the  total  number  of  vehicles
converted  and/or  transferred in any calendar year may not exceed [one]
THREE percent of the local authority's unclaimed abandoned vehicles  not
affected by subdivision two of this section or two such vehicles, which-
ever is greater.
  S 2. Paragraph 1 of subdivision e of section 14-140 of the administra-
tive code of the city of New York, as amended by chapter 503 of the laws
of 1995, is amended to read as follows:
  1.  Abandoned  vehicles  subject  to  the provisions of section twelve
hundred twenty-four of the vehicle and traffic law in the custody of the
property clerk shall be disposed of in accordance with the provisions of
such section twelve hundred twenty-four. The city may convert to its own
use in any calendar year [one] THREE percent of any such abandoned vehi-
cles not subject to subdivision two of such section twelve hundred twen-
ty-four which are not claimed. All moneys or property other  than  aban-
doned  vehicles subject to the provisions of such section twelve hundred
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

period of three months without a lawful claimant entitled thereto shall,
in the case of moneys, be paid into the general fund of the city  estab-
lished  pursuant  to section one hundred nine of the charter, and in the
case  of  property other than such abandoned vehicles, be sold at public
auction after having been advertised in "the City Record" for  a  period
of  ten days and the proceeds of such sale shall be paid into such fund.
In the alternative, any such property may be used or  converted  to  use
for  the purpose of any city, state or federal agency, or for charitable
purposes, upon consultation with the human resources administration  and
other appropriate city agencies, and the commissioner shall report annu-
ally  to the city council on the distribution of such property. Notwith-
standing the foregoing, all property or money of a deceased person  that
shall  come into the custody of the property clerk shall be delivered to
a representative of the estate of such decedent and if there be no  such
representative,  to  the  public  administrator  of the county where the
decedent resided. Where moneys or property have been unlawfully obtained
or stolen or embezzled or are the proceeds of crime or  derived  through
crime  or derived through the conversion of unlawfully acquired property
or money or derived through the use or sale of  property  prohibited  by
law  from  being  held,  used  or  sold, or have been used as a means of
committing crime or employed in aid or in furtherance of crime or  held,
used  or  sold  in  violation  of law, or are the proceeds of or derived
through bookmaking, policy, common gambling, keeping a gambling place or
device, or any other form of illegal  gambling  activity  or  have  been
employed in or in connection with or in furtherance of any such gambling
activity,  a person who so obtained, received or derived any such moneys
or property, or who so used, employed, sold or held any such  moneys  or
property or permitted or suffered the same to be used, employed, sold or
held,  or  who  was  a  participant  or accomplice in any such act, or a
person who derives his or her claim in any manner from  or  through  any
such  person,  shall not be deemed to be the lawful claimant entitled to
any such moneys or property except that as concerns  any  vehicle  taken
into  custody  in  the  manner  provided for in subdivision b of section
20-519 of the code, the authorized tow company shall  receive  from  the
department  the cost of towing and storage as provided under subdivision
c of section 20-519.
  S 3. This act shall take effect immediately.