Senate Bill S8794

2021-2022 Legislative Session

Restricts amplified sound from vehicles and requires vehicles with certain modifications to register as a commercial class vehicle

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Archive: Last Bill Status - Stricken

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2022	recommit, enacting clause stricken
Apr 18, 2022	referred to aging

2021-S8794 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§397-d & 401-c, V & T L

2021-S8794 (ACTIVE) - Summary

Restricts amplified sound coming from motor vehicles; requires motor vehicles with certain attachments or modifications to register as a commercial class vehicle.

2021-S8794 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8794

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to restricting
amplified sound coming from motor vehicles and requiring motor vehicles
with certain attachments or modifications to register as a commercial
class vehicle

 
PURPOSE:

This legislation will require the state to handle all income verifica-
tion necessary to receive the senior citizen tax exemption.

 
SUMMARY OF PROVISIONS:

Section 1. Amends real property tax law to allow income eligibility of
applicants to be verified annually by the department, and the assessing
authority will not need to request income documentation. At the commis-
sioner's discretion, and with the appropriate assessing authority,
extensions of the enrollment period can be granted on an individual

basis for the Senior Citizen Property Tax Exemption. Any information or
documentation submitted by an applicant will be considered confidential
and can only be disclosed to other necessary individuals for the
performance of duties related to the Senior Citizen Property Tax
Exemption.

Section 2. Effective date.

 
JUSTIFICATION:

Currently, senior citizens in New York State who qualify for the tax
exemption must visit their local town assessor to apply. With income
verification falling on the local assessors rather than the state tax
department, it can often become an unnecessarily egregious and difficult
process for the applicant. The town assessors do not have the authority
or access to the information that the state tax department has so it
falls to the applicant to have to prove their low-income status. This
legislation takes inspiration from the Enhanced STAR program and lessens
the burden of low-income senior citizens to prove their income to local
assessors and leaves verification to the state.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S8794 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8794
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the vehicle and traffic law, in relation to  restricting
   amplified  sound  coming from motor vehicles and requiring motor vehi-
   cles with certain  attachments  or  modifications  to  register  as  a
   commercial class vehicle

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 397-d to read as follows:
   §  397-D.  RESTRICTIONS  ON  THE  OPERATION OF SOUND MAKING DEVICES OR
 INSTRUMENTS IN MOTOR VEHICLES. 1. IT SHALL BE PROHIBITED FOR ANY  PERSON
 OPERATING OR OCCUPYING A MOTOR VEHICLE ON A STREET OR HIGHWAY TO OPERATE
 OR  AMPLIFY THE SOUND PRODUCED BY A RADIO, TAPE PLAYER, OR OTHER MECHAN-
 ICAL SOUND MAKING DEVICE OR INSTRUMENT FROM WITHIN THE MOTOR VEHICLE  SO
 THAT SUCH SOUND IS:
   (A) PLAINLY AUDIBLE AT A DISTANCE OF TWENTY-FIVE FEET OR MORE FROM THE
 MOTOR VEHICLE; OR
   (B) LOUDER THAN NECESSARY FOR THE CONVENIENT HEARING BY PERSONS INSIDE
 THE  VEHICLE  IN AREAS ADJOINING CHURCHES, SCHOOLS, HOSPITALS AND PUBLIC
 PARKS.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LAW  ENFORCE-
 MENT  MOTOR  VEHICLE EQUIPPED WITH ANY COMMUNICATION DEVICE NECESSARY IN
 THE PERFORMANCE OF LAW ENFORCEMENT DUTIES OR TO  ANY  EMERGENCY  VEHICLE
 EQUIPPED  WITH  ANY COMMUNICATION DEVICE NECESSARY IN THE PERFORMANCE OF
 ANY EMERGENCY PROCEDURES.
   3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  MOTOR  VEHICLES
 USED  FOR  BUSINESS OR POLITICAL PURPOSES, WHICH IN THE NORMAL COURSE OF
 CONDUCTING SUCH BUSINESS USE SOUND MAKING  DEVICES.  THE  PROVISIONS  OF
 THIS  SUBDIVISION SHALL NOT BE DEEMED TO PREVENT LOCAL AUTHORITIES, WITH
 RESPECT TO STREETS AND HIGHWAYS UNDER THEIR JURISDICTION AND WITHIN  THE
 REASONABLE EXERCISE OF POLICE POWER, FROM REGULATING THE TIME AND MANNER
 IN WHICH SUCH BUSINESS MAY BE OPERATED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15226-01-2

 S. 8794                             2
 
   4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE NOISE MADE BY
 A  HORN OR OTHER WARNING DEVICE EQUIPPED IN A MOTOR VEHICLE. THE DEPART-
 MENT SHALL PROMULGATE RULES DEFINING "PLAINLY AUDIBLE"  AND  "CONVENIENT
 HEARING"  AND ESTABLISH STANDARDS REGARDING HOW SOUND SHOULD BE MEASURED
 BY LAW ENFORCEMENT PERSONNEL WHO ENFORCE THE PROVISIONS OF THIS SECTION.
   5.  A VIOLATION OF THIS SECTION SHALL BE A NONCRIMINAL TRAFFIC INFRAC-
 TION AND SHALL RESULT IN A FINE OF FORTY DOLLARS FOR THE FIRST  OFFENSE,
 A  FINE  OF  ONE HUNDRED DOLLARS FOR THE SECOND AND THIRD OFFENSE, AND A
 FINE OF TWO HUNDRED DOLLARS AND POSSIBLE CONFISCATION OF THE VEHICLE FOR
 EACH ADDITIONAL SUBSEQUENT OFFENSE.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 401-c to read as follows:
   §  401-C.  CERTAIN  VEHICLE  MODIFICATIONS  REQUIRING COMMERCIAL CLASS
 REGISTRATION. ANY PASSENGER MOTOR VEHICLE WHICH IS MODIFIED  TO  HAVE  A
 RIGID,  FIXED  OR  PERMANENT ATTACHMENT THAT (A) INCREASES THE HEIGHT OF
 SUCH VEHICLE, (B) IS WIRED  TO  OR  POWERED  BY  SUCH  VEHICLE,  OR  (C)
 REQUIRES  SUCH VEHICLE TO BE CONSIDERED A SPECIALIZED USE TRUCK PURSUANT
 TO 16 NYCRR PART 106.2 SHALL BE REQUIRED TO BE REGISTERED AS  A  COMMER-
 CIAL  CLASS  VEHICLE. THE DEPARTMENT SHALL PROMULGATE RULES TO ESTABLISH
 WHICH MODIFICATIONS AND  ATTACHMENTS  VIOLATE  THE  PROVISIONS  OF  THIS
 SECTION AND SHALL MAKE SUCH RULES AVAILABLE TO THE PUBLIC ON THE DEPART-
 MENT'S  WEBSITE ONCE ESTABLISHED. FAILURE TO REGISTER A MOTOR VEHICLE AS
 A COMMERCIAL CLASS VEHICLE PURSUANT TO  THIS  SECTION  SHALL  RESULT  IN
 PENALTIES WHICH SHALL BE ESTABLISHED BY THE DEPARTMENT.
   § 3. This act shall take effect immediately.

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Senate Bill S8794

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Archive: Last Bill Status - Stricken

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2021-S8794 (ACTIVE) - Details

2021-S8794 (ACTIVE) - Summary

2021-S8794 (ACTIVE) - Sponsor Memo

2021-S8794 (ACTIVE) - Bill Text download pdf

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Sponsored By

John W. Mannion

Archive: Last Bill Status - Stricken

Actions

2021-S8794 (ACTIVE) - Details

2021-S8794 (ACTIVE) - Summary

2021-S8794 (ACTIVE) - Sponsor Memo

2021-S8794 (ACTIVE) - Bill Text download pdf

Comments