NY State Senate Bill S6193C

Archive: Last Bill Status Via A9056 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	signed chap.9
Jan 30, 2020	delivered to governor
Jan 14, 2020	returned to assembly passed senate 3rd reading cal.81 substituted for s6193c
Jan 14, 2020	substituted by a9056
Jan 13, 2020	ordered to third reading cal.81 reported and committed to rules
Jan 10, 2020	print number 6193c
Jan 10, 2020	amend and recommit to transportation
Jan 08, 2020	print number 6193b
Jan 08, 2020	amend (t) and recommit to transportation referred to transportation returned to senate died in assembly
Jun 06, 2019	referred to transportation delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal. amended 6193a
May 30, 2019	1st report cal.1091
May 21, 2019	referred to transportation

Votes

view votes

Jan 14, 2020 - floor Vote

A9056

floor

Aye

Nay

Absent

Excused

Abstained

Jan 13, 2020 - Rules committee Vote

S6193C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 13, 2020 - Transportation committee Vote

S6193C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 6, 2019 - floor Vote

S6193A

floor

Aye

Nay

Absent

Excused

Abstained

May 30, 2019 - Transportation committee Vote

S6193

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

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

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.

S6193 - Sponsor Memo

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.

                                                           LBD11845-02-9

S. 6193                             2

REPAIRS HAVE BEEN SCHEDULED OR MADE TO REMEDY  THE  STRETCH  LIMOUSINE'S
OUT-OF-SERVICE DEFECT OR DEFECTS.  PROVIDED, HOWEVER, A HEARING SHALL BE
HELD  AFTER ANY IMMOBILIZATION OR IMPOUNDMENT PURSUANT TO THIS PARAGRAPH
AT  WHICH  THE HOLDER OF SUCH CERTIFICATE OR PERMIT AND THE COMMISSIONER
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. 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  RATIONALE  FOR IMPOUNDING OR IMMOBILIZING THE STRETCH
LIMOUSINE. THE COMMISSIONER IS EMPOWERED TO REMOVE OR  ARRANGE  FOR  THE
REMOVAL  OF  A STRETCH LIMOUSINE TO A GARAGE, AUTOMOBILE POUND, OR OTHER
PLACE OF SAFETY WHERE IT SHALL REMAIN IMPOUNDED OR  IMMOBILIZED  SUBJECT
TO  THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR, FIVE, SIX AND SEVEN
OF SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date are authorized to be made and
completed on or before such effective date.

Co-Sponsors

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

S6193A - Summary

S6193A - Sponsor Memo

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

                      [ ] is old law to be omitted.
                                                           LBD11845-03-9

S. 6193--A                          2

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
REPAIRS  HAVE  BEEN  SCHEDULED OR MADE TO REMEDY THE STRETCH LIMOUSINE'S
OUT-OF-SERVICE DEFECT OR DEFECTS.  PROVIDED, HOWEVER, A HEARING SHALL BE
HELD AFTER ANY IMMOBILIZATION OR IMPOUNDMENT PURSUANT TO THIS  PARAGRAPH
AT  WHICH  THE HOLDER OF SUCH CERTIFICATE OR PERMIT AND THE COMMISSIONER
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. 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  RATIONALE  FOR IMPOUNDING OR IMMOBILIZING THE STRETCH
LIMOUSINE. THE BURDEN OF PROOF FOR THE COMMISSIONER'S CONTINUED IMPOUND-
MENT OR IMMOBILIZATION SHALL BE BY  CLEAR  AND  CONVINCING  EVIDENCE  ON
ISSUES  OF FACT.  THE COMMISSIONER IS EMPOWERED TO REMOVE OR ARRANGE FOR
THE REMOVAL OF A STRETCH LIMOUSINE TO A  GARAGE,  AUTOMOBILE  POUND,  OR
OTHER  PLACE  OF  SAFETY  WHERE IT SHALL REMAIN IMPOUNDED OR IMMOBILIZED
SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO, THREE,  FOUR,  FIVE,  SIX
AND  SEVEN  OF  SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC
LAW.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date are authorized to be made and
completed on or before such effective date.

Co-Sponsors

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

S6193B - Summary

S6193B - Sponsor Memo

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.

                                                           LBD11845-05-9

S. 6193--B                          2

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
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

S. 6193--B                          3

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
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.

Co-Sponsors

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

S6193C (ACTIVE) - Summary

S6193C (ACTIVE) - Sponsor Memo

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.

                                                           LBD11845-06-0

S. 6193--C                          2

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
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 NON-PUBLIC
GARAGE OR OTHER PLACE OF SAFETY 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 WITHIN NOT MORE  THAN  THIRTY
DAYS  OF  THE  SUSPENSION  IMPOSED  PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH.
  (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 SUCH
VEHICLE HAS BEEN RE-INSPECTED.
  (C) THE COMMISSIONER SHALL PROVIDE WRITTEN  NOTICE  TO  THE  OWNER  OR
OPERATOR  OF  THE  SERVICE REPAIR SHOP OR IMPOUNDMENT LOT INFORMING THEM
THAT SUCH IMPOUNDED VEHICLE SHALL NOT BE RELEASED  WITHOUT  THE  WRITTEN
APPROVAL  OF THE COMMISSIONER. RELEASE OF SUCH IMPOUNDED VEHICLE WITHOUT
APPROVAL BY THE COMMISSIONER SHALL BE PUNISHABLE BY A FINE OF UP TO  TEN
THOUSAND DOLLARS;
  §  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.

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The New York State Senate

senate Bill S6193C

Sponsored By

Archive: Last Bill Status Via A9056 - Signed by Governor

Your Voice

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Votes

Jan 14, 2020 - floor Vote

Floor Vote: Jan 14, 2020

Jan 13, 2020 - Rules committee Vote

Rules Committee Vote: Jan 13, 2020

Jan 13, 2020 - Transportation committee Vote

Transportation Committee Vote: Jan 13, 2020

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Committee Vote: May 30, 2019

Bill Amendments

Co-Sponsors

S6193 - Details

S6193 - Summary

S6193 - Sponsor Memo

S6193 - Bill Text download pdf

Co-Sponsors

S6193A - Details

S6193A - Summary

S6193A - Sponsor Memo

S6193A - Bill Text download pdf

Co-Sponsors

S6193B - Details

S6193B - Summary

S6193B - Sponsor Memo

S6193B - Bill Text download pdf

Co-Sponsors

S6193C (ACTIVE) - Details

S6193C (ACTIVE) - Summary

S6193C (ACTIVE) - Sponsor Memo

S6193C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6193C

Share this bill

Sponsored By

Archive: Last Bill Status Via A9056 - Signed by Governor

Your Voice

Actions

Votes

Jan 14, 2020 - floor Vote

Floor Vote: Jan 14, 2020

Jan 13, 2020 - Rules committee Vote

Rules Committee Vote: Jan 13, 2020

Jan 13, 2020 - Transportation committee Vote

Transportation Committee Vote: Jan 13, 2020

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Committee Vote: May 30, 2019

Bill Amendments

Co-Sponsors

S6193 - Details

S6193 - Summary

S6193 - Sponsor Memo

S6193 - Bill Text download pdf

Co-Sponsors

S6193A - Details

S6193A - Summary

S6193A - Sponsor Memo

S6193A - Bill Text download pdf

Co-Sponsors

S6193B - Details

S6193B - Summary

S6193B - Sponsor Memo

S6193B - Bill Text download pdf

Co-Sponsors

S6193C (ACTIVE) - Details

S6193C (ACTIVE) - Summary

S6193C (ACTIVE) - Sponsor Memo

S6193C (ACTIVE) - Bill Text download pdf

Comments