S T A T E   O F   N E W   Y O R K
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                                  8302--A
                                                         Cal. No. 323
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Paragraph b of subdivision 9 of section 140 of  the  trans-
 portation  law,  as  added by section 3 of part III of chapter 59 of the
 laws of 2019, is amended to read as follows:
   b. (I) Whenever an altered motor vehicle commonly  referred  to  as  a
 "stretch limousine" has failed an inspection and been placed out-of-ser-
 vice,  the  commissioner may direct a police officer or his or her agent
 to immediately secure possession of the number plates  of  such  vehicle
 and  return  the same to the commissioner of motor vehicles. The commis-
 sioner shall notify the commissioner of motor vehicles to  that  effect,
 and  the  commissioner  of  motor  vehicles  shall thereupon suspend the
 registration of such vehicle until such time as the  commissioner  gives
 notice  that the out-of-service defect has been satisfactorily adjusted.
 Provided, however, that the commissioner shall give notice and an oppor-
 tunity to be heard within not more than thirty days of  the  suspension.
 Failure of the holder or of any person possessing such plates to deliver
 to  the  commissioner or his or her agent who requests the same pursuant
 to this paragraph shall be a  misdemeanor.  The  commissioner  of  motor
 vehicles  shall  have  the  authority  to deny a registration or renewal
 application to any other person for the same vehicle where it  has  been
 determined  that such registrant's intent has been to evade the purposes
 of this paragraph and where  the  commissioner  of  motor  vehicles  has
 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
 
 have the effect of defeating the purposes of this paragraph. The  proce-
 dure  on  any  such  suspension  shall  be  the same as in the case of a
 suspension under the vehicle and traffic law. Operation  of  such  motor
 vehicle  while  under  suspension  as provided in this subdivision shall
 constitute a class A misdemeanor.
   (II) (A) UPON THE SEIZURE OF NUMBER PLATES  PURSUANT  TO  SUBPARAGRAPH
 (I)  OF  THIS PARAGRAPH, IF THE OUT-OF-SERVICE DEFECT IS OF A TYPE WHERE
 PURSUANT TO THE COMMISSIONER'S  REGULATIONS  NO  INSPECTION  CERTIFICATE
 WILL  BE  ISSUED  UNTIL  THE  DEFECT  IS REPAIRED AND A RE-INSPECTION IS
 CONDUCTED, OR IS RELATED TO ITS HORN, AND  THE  COMMISSIONER  DETERMINES
 THAT  ALLOWING  THE  ALTERED  MOTOR VEHICLE TO LEAVE THE INSPECTION AREA
 WOULD BE CONTRARY TO PUBLIC SAFETY, THE COMMISSIONER MAY: (A) REMOVE  OR
 ARRANGE  FOR  THE REMOVAL OF, OR MAY DIRECT ANY POLICE OFFICER TO REMOVE
 OR ARRANGE FOR THE REMOVAL OF, THE ALTERED MOTOR VEHICLE TO A GARAGE  OR
 OTHER  PLACE  OF  SAFETY  UNDER THE COMMISSIONER'S JURISDICTION WHERE IT
 SHALL REMAIN IMPOUNDED, SUBJECT TO THE PROVISIONS OF  THIS  SECTION;  OR
 (B)  IMMOBILIZE  OR  ARRANGE FOR THE IMMOBILIZATION OF THE ALTERED MOTOR
 VEHICLE ON PREMISES OWNED OR UNDER THE CONTROL  OF  THE  OWNER  OF  SUCH
 ALTERED  MOTOR  VEHICLE, SUBJECT TO THE PROVISIONS OF THIS SECTION.  THE
 ALTERED MOTOR VEHICLE SHALL BE  ENTERED  INTO  THE  NEW  YORK  STATEWIDE
 POLICE  INFORMATION  NETWORK  AS AN IMPOUNDED OR IMMOBILIZED VEHICLE AND
 THE COMMISSIONER SHALL PROMPTLY NOTIFY THE OWNER THAT THE ALTERED  MOTOR
 VEHICLE  HAS BEEN IMPOUNDED OR IMMOBILIZED AND THE REASON OR REASONS FOR
 SUCH IMPOUNDMENT OR IMMOBILIZATION, AND GIVE SUCH OWNER  AN  OPPORTUNITY
 TO BE HEARD.
   (B) A MOTOR VEHICLE SO IMPOUNDED OR IMMOBILIZED SHALL BE IN THE CUSTO-
 DY OF THE COMMISSIONER AND SHALL NOT BE RELEASED UNLESS THE COMMISSIONER
 IS  SATISFIED THAT REPAIRS HAVE BEEN SCHEDULED OR BEEN MADE TO SATISFAC-
 TORILY ADJUST SUCH  VEHICLE'S  OUT-OF-SERVICE  DEFECT  OR  DEFECTS,  AND
 PAYMENT  HAS  BEEN  MADE TO THE COMMISSIONER FOR THE REASONABLE COSTS OF
 REMOVAL AND STORAGE OF THE ALTERED MOTOR  VEHICLE  IF  IMPOUNDED.    THE
 REGISTERED OWNER OF THE VEHICLE SHALL BE RESPONSIBLE FOR SUCH PAYMENT.
   (C)  WHEN AN ALTERED MOTOR VEHICLE SEIZED AND IMPOUNDED OR IMMOBILIZED
 PURSUANT TO THIS SUBPARAGRAPH HAS BEEN IN THE CUSTODY OF THE COMMISSION-
 ER FOR THIRTY DAYS, THE COMMISSIONER SHALL  NOTIFY  THE  OWNER  AND  THE
 LIENHOLDER,  IF ANY, AT HIS OR HER LAST KNOWN ADDRESS BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, THAT IF REPAIRS ARE NOT SCHEDULED OR MADE  AND
 THE  VEHICLE  NOT  RETRIEVED PURSUANT TO CLAUSE (B) OF THIS SUBPARAGRAPH
 WITHIN THIRTY DAYS FROM THE DATE THE NOTICE IS GIVEN,  THE  COMMISSIONER
 MAY  DISPOSE OF SUCH VEHICLE AS AN ABANDONED VEHICLE PURSUANT TO SECTION
 TWELVE HUNDRED TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND  MAY  SEEK
 TO RECOVER TOWING AND STORAGE COSTS IN A CIVIL ACTION IN THE NAME OF THE
 PEOPLE  OF  THE  STATE OF NEW YORK, IF APPLICABLE.  COSTS RECOVERED IN A
 CIVIL ACTION UNDER THIS CLAUSE SHALL BE PAID  TO  THE  COMMISSIONER  FOR
 DEPOSIT INTO THE STATE TREASURY FOR TOWING AND STORAGE EXPENSES, AND ANY
 REMAINING  COSTS  RECOVERED IN A CIVIL ACTION UNDER THIS CLAUSE SHALL BE
 PAID TO THE COMMISSIONER FOR DEPOSIT INTO THE STATE TREASURY FOR  ACTUAL
 AND  NECESSARY  COSTS  RELATED  TO  BUS  AND  MOTOR  VEHICLE INSPECTIONS
 CONDUCTED PURSUANT TO THIS SECTION.
   (D) IF AN ALTERED MOTOR VEHICLE HAS  BEEN  SEIZED  AND  NOT  RETRIEVED
 PURSUANT  TO THE PROVISIONS OF THIS SUBPARAGRAPH WITHIN THIRTY DAYS FROM
 THE DATE NOTICE IS GIVEN PURSUANT TO CLAUSE (C)  OF  THIS  SUBPARAGRAPH,
 SUCH  ALTERED MOTOR VEHICLE SHALL BE DEEMED AN ABANDONED VEHICLE AND THE
 COMMISSIONER MAY DISPOSE OF  SUCH  ALTERED  MOTOR  VEHICLE  PURSUANT  TO
 SECTION  TWELVE  HUNDRED  TWENTY-FOUR  OF  THE  VEHICLE AND TRAFFIC LAW.
 BEFORE ANY SUCH DISPOSAL, THE COMMISSIONER SHALL GIVE TEN  DAYS'  NOTICE

 A. 8302--A                          3
 
 TO  THE OWNER, WHO SHALL HAVE AN OPPORTUNITY TO APPEAR AND RETRIEVE SUCH
 ALTERED MOTOR VEHICLE IN ACCORDANCE WITH CLAUSE (B) OF THIS SUBPARAGRAPH
 WITHIN TEN DAYS OF THE DATE SUCH NOTICE IS GIVEN.
   (E)  AN  ALTERED  MOTOR  VEHICLE  ABANDONED  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION SHALL BE  AND  BECOME  THE  PROPERTY  OF  THE
 DEPARTMENT,  SUBJECT  HOWEVER TO ANY LIEN THAT WAS RECORDED PRIOR TO THE
 SEIZURE.
   (F) WHEN AN ALTERED MOTOR VEHICLE HAS BEEN SEIZED AND IMPOUNDED PURSU-
 ANT TO THIS SUBPARAGRAPH, THE COMMISSIONER SHALL MAKE THE ALTERED  MOTOR
 VEHICLE  AVAILABLE  OR  GRANT  ACCESS  TO  IT TO ANY OWNER OR ANY PERSON
 DESIGNATED OR AUTHORIZED BY SUCH OWNER FOR THE  PURPOSE  OF  (I)  TAKING
 POSSESSION OF ANY PERSONAL PROPERTY FOUND WITHIN THE ALTERED MOTOR VEHI-
 CLE  AND (II) OBTAINING PROOF OF REGISTRATION, FINANCIAL SECURITY, TITLE
 OR DOCUMENTATION IN SUPPORT THEREOF.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.