S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9058
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   stretch  limousines  to use commercial global positioning system tech-
   nology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  375 of the vehicle and traffic law is amended by
 adding a new subdivision 54 to read as follows:
   54. STRETCH LIMOUSINE COMMERCIAL  GPS.  (A)  EVERY  STRETCH  LIMOUSINE
 REGISTERED  IN THIS STATE SHALL BE EQUIPPED WITH COMMERCIAL GLOBAL POSI-
 TIONING SYSTEM (GPS) TECHNOLOGY WITHIN NO LATER THAN  ONE  YEAR  OF  THE
 DATE  UPON  WHICH  THE  NATIONAL  HIGHWAY  TRAFFIC SAFETY ADMINISTRATION
 PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR COMMERCIAL GPS.
   (B) IT SHALL BE UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A  STRETCH
 LIMOUSINE REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD
 OPEN  TO  PUBLIC  MOTOR VEHICLE TRAFFIC UNLESS SUCH STRETCH LIMOUSINE IS
 EQUIPPED WITH COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS)  TECHNOLOGY  AS
 REQUIRED  BY  THIS  SUBDIVISION  AND  SUCH COMMERCIAL GLOBAL POSITIONING
 SYSTEM (GPS) TECHNOLOGY IS USED. THE PRESENCE IN SUCH STRETCH  LIMOUSINE
 OF  COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY CONNECTED TO A
 POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE EVIDENCE OF ITS
 USE BY ANY PERSON OPERATING SUCH STRETCH LIMOUSINE. SUCH PRESUMPTION MAY
 BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH  TENDS  TO  SHOW
 THAT  SUCH COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY WAS NOT
 IN USE.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE  HAVING  A
 SEATING  CAPACITY  OF  NINE  OR  MORE  PASSENGERS, INCLUDING THE DRIVER,
 COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED  IN  THE
 BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
   (II)  "COMMERCIAL  GLOBAL  POSITIONING  SYSTEM (GPS) TECHNOLOGY" SHALL
 MEAN GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY WHICH HAS  BEEN  SPECIF-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14788-02-0

 A. 9058                             2
 
 ICALLY  DESIGNED  TO  ASSIST IN THE NAVIGATION OF COMMERCIAL MOTOR VEHI-
 CLES.
   §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 3. This act shall take effect thirty days after it shall have become
 a law; provided, further, that this act shall be deemed repealed if  any
 federal agency determines in writing that this act would render New York
 state ineligible for the receipt of federal funds or any court of compe-
 tent jurisdiction finally determines that this act would render New York
 state  out  of  compliance  with federal law or regulation; and provided
 that the commissioner of transportation  shall  notify  the  legislative
 bill  drafting  commission upon the occurrence of the provisions of this
 act in order that the commission may maintain  an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b of the public officers  law.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.