Senate Bill S6193C

Signed By Governor
2019-2020 Legislative Session

Allows the commissioner of transportation to impound stretch limousines in certain situations

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Sponsored By

Archive: Last Bill Status Via A9056 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2019-S6193 - Details

See Assembly Version of this Bill:
A9056
Law Section:
Transportation Law
Laws Affected:
Amd §140, Transp L
Versions Introduced in 2017-2018 Legislative Session:
A8659

2019-S6193 - Summary

Allows the commissioner of transportation to impound or immobilize stretch limousines in certain situations; provides that such impounded motor vehicle shall not be released unless the commissioner of transportation is satisfied that repairs have been scheduled or been made to satisfactorily adjust such vehicle's out-of-service defect or defects; provides that release of such impounded vehicle without approval by such commissioner shall be punishable by a fine of up to ten thousand dollars; makes related provisions.

2019-S6193 - Sponsor Memo

2019-S6193 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6193
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law,  in  relation  to  allowing  the
   commissioner  of transportation to immobilize or impound limousines in
   certain situations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 145 of the transportation law, as
 added by chapter 635 of the laws of 1983, is amended to read as follows:
   2. (A) The commissioner may upon complaint or upon the  commissioner's
 initiative  without  complaint  institute proceedings to revoke, cancel,
 suspend or modify any certificate or  permit  issued  pursuant  to  this
 chapter  after  a  hearing  at  which  the holder of such certificate or
 permit and any person making such complaint shall be given  an  opportu-
 nity  to be heard. Provided, however, that any order of the commissioner
 revoking, cancelling, suspending or modifying any certificate or  permit
 shall not become effective until thirty days after the serving of notice
 thereof  upon  the  holder  of  such  certificate  or permit, unless the
 commissioner determines that the continued holding of  such  certificate
 or  permit  for  such  period  would be contrary to the public interest.
 Hearings shall be held in such manner and upon such  notice  as  may  be
 prescribed by rules of the commissioner, but such notice shall be of not
 less than ten days and shall state the nature of the complaint.
   (B)  THE  COMMISSIONER  MAY  TAKE  ACTIONS TO IMMOBILIZE OR IMPOUND AN
 ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A STRETCH LIMOUSINE HAVING
 A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING  THE  DRIVER  IF
 THE  STRETCH  LIMOUSINE  HAS  AN  OUT-OF-SERVICE  DEFECT OR HAS A DEFECT
 RELATED TO ITS HORN AND THE COMMISSIONER DETERMINES  THAT  ALLOWING  THE
 STRETCH  LIMOUSINE TO LEAVE THE INSPECTION AREA WOULD BE CONTRARY TO THE
 PUBLIC INTEREST. THE COMMISSIONER IS PERMITTED TO  CONTINUE  IMMOBILIZA-
 TION  OR  IMPOUNDMENT  OF  THE  STRETCH  LIMOUSINE  UNTIL SATISFIED THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S6193A - Details

See Assembly Version of this Bill:
A9056
Law Section:
Transportation Law
Laws Affected:
Amd §140, Transp L
Versions Introduced in 2017-2018 Legislative Session:
A8659

2019-S6193A - Summary

Allows the commissioner of transportation to impound or immobilize stretch limousines in certain situations; provides that such impounded motor vehicle shall not be released unless the commissioner of transportation is satisfied that repairs have been scheduled or been made to satisfactorily adjust such vehicle's out-of-service defect or defects; provides that release of such impounded vehicle without approval by such commissioner shall be punishable by a fine of up to ten thousand dollars; makes related provisions.

2019-S6193A - Sponsor Memo

2019-S6193A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6193--A
     Cal. No. 1091
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, GAUGHRAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   reported  favorably  from  said  committee,  ordered  to first report,
   amended on first report,  ordered  to  a  second  report  and  ordered
   reprinted, retaining its place in the order of second report
 
 AN  ACT  to  amend  the  transportation law, in relation to allowing the
   commissioner of transportation to immobilize or impound limousines  in
   certain situations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 145 of the transportation law,  as
 added by chapter 635 of the laws of 1983, is amended to read as follows:
   2.  (A) The commissioner may upon complaint or upon the commissioner's
 initiative without complaint institute proceedings  to  revoke,  cancel,
 suspend  or  modify  any  certificate  or permit issued pursuant to this
 chapter after a hearing at which  the  holder  of  such  certificate  or
 permit  and  any person making such complaint shall be given an opportu-
 nity to be heard. Provided, however, that any order of the  commissioner
 revoking,  cancelling, suspending or modifying any certificate or permit
 shall not become effective until thirty days after the serving of notice
 thereof upon the holder  of  such  certificate  or  permit,  unless  the
 commissioner  determines  that the continued holding of such certificate
 or permit for such period would be  contrary  to  the  public  interest.
 Hearings  shall  be  held  in such manner and upon such notice as may be
 prescribed by rules of the commissioner, but such notice shall be of not
 less than ten days and shall state the nature of the complaint.
   (B) THE COMMISSIONER MAY TAKE ACTIONS  TO  IMMOBILIZE  OR  IMPOUND  AN
 ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A STRETCH LIMOUSINE HAVING
 A  SEATING  CAPACITY  OF NINE OR MORE PASSENGERS INCLUDING THE DRIVER IF
 THE STRETCH LIMOUSINE HAS AN  OUT-OF-SERVICE  DEFECT  OR  HAS  A  DEFECT
 RELATED  TO  ITS  HORN AND THE COMMISSIONER DETERMINES THAT ALLOWING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2019-S6193B - Details

See Assembly Version of this Bill:
A9056
Law Section:
Transportation Law
Laws Affected:
Amd §140, Transp L
Versions Introduced in 2017-2018 Legislative Session:
A8659

2019-S6193B - Summary

Allows the commissioner of transportation to impound or immobilize stretch limousines in certain situations; provides that such impounded motor vehicle shall not be released unless the commissioner of transportation is satisfied that repairs have been scheduled or been made to satisfactorily adjust such vehicle's out-of-service defect or defects; provides that release of such impounded vehicle without approval by such commissioner shall be punishable by a fine of up to ten thousand dollars; makes related provisions.

2019-S6193B - Sponsor Memo

2019-S6193B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6193--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, CARLUCCI, GAUGHRAN, KAPLAN, LIU,
   TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the  Committee  on Transportation -- reported favorably
   from said committee, ordered to first report, amended on first report,
   ordered to a second report and ordered reprinted, retaining its  place
   in  the  order  of  second  report  -- recommitted to the Committee on
   Transportation in accordance with Senate Rule 6, sec. 8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S6193C (ACTIVE) - Details

See Assembly Version of this Bill:
A9056
Law Section:
Transportation Law
Laws Affected:
Amd §140, Transp L
Versions Introduced in 2017-2018 Legislative Session:
A8659

2019-S6193C (ACTIVE) - Summary

Allows the commissioner of transportation to impound or immobilize stretch limousines in certain situations; provides that such impounded motor vehicle shall not be released unless the commissioner of transportation is satisfied that repairs have been scheduled or been made to satisfactorily adjust such vehicle's out-of-service defect or defects; provides that release of such impounded vehicle without approval by such commissioner shall be punishable by a fine of up to ten thousand dollars; makes related provisions.

2019-S6193C (ACTIVE) - Sponsor Memo

2019-S6193C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6193--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, CARLUCCI, GAUGHRAN, KAPLAN, LIU,
   SEWARD, TEDISCO -- read twice and ordered printed, and when printed to
   be committed to the Committee on Transportation -- reported  favorably
   from said committee, ordered to first report, amended on first report,
   ordered  to a second report and ordered reprinted, retaining its place
   in the order of second report  --  recommitted  to  the  Committee  on
   Transportation  in  accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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