The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1370--A
     Cal. No. 143
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 and the vehicle and traffic  law,
   in relation to stretch limousines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of paragraph b of subdivision 9 of section
 140 of the transportation law, as amended by chapter 9 of  the  laws  of
 2020, is amended to read as follows:
   (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.

                                                            LBD05583-04-3
 S. 1370--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. OPERATING  SUCH  MOTOR  VEHICLE  WHILE
 UNDER  SUSPENSION AS PROVIDED IN THIS SUBDIVISION SHALL BE PUNISHABLE BY
 A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS AND ASSESSED TO THE  HOLDER
 OR  OF  ANY PERSON POSSESSING SUCH PLATES FOR EACH OFFENSE COMMITTED, IN
 ADDITION TO ANY OTHER FINES, PENALTIES OR ACTIONS TAKEN WITH RESPECT  TO
 SUCH CONDUCT.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 511-e to read as follows:
   § 511-E. SEIZURE AND REDEMPTION  OF  UNLAWFULLY  OPERATED  AND  UNSAFE
 COMMERCIAL  MOTOR  VEHICLES. 1. UPON DETERMINING THAT A COMMERCIAL MOTOR
 VEHICLE IS OPERATING WITH AN OUT-OF-SERVICE DEFECT THAT  IS  OF  A  TYPE
 WHERE  PURSUANT  TO  THE  DEPARTMENT  OF TRANSPORTATION'S REGULATIONS NO
 INSPECTION WOULD BE ISSUED UNTIL THE DEFECT IS REPAIRED AND A RE-INSPEC-
 TION IS CONDUCTED, OR IS RELATED TO ITS HORN, AND AN OFFICER, IN CONSUL-
 TATION WITH THE DEPARTMENT OF TRANSPORTATION, DETERMINES  THAT  ALLOWING
 THE  COMMERCIAL MOTOR VEHICLE TO CONTINUE OPERATING WOULD BE CONTRARY TO
 PUBLIC SAFETY, SUCH OFFICER MAY REMOVE OR ARRANGE FOR THE REMOVAL OF THE
 VEHICLE TO A GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT
 SHALL REMAIN IMPOUNDED, SUBJECT TO THE PROVISIONS OF THIS  SECTION.  THE
 VEHICLE  SHALL BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION
 NETWORK AS AN IMPOUNDED VEHICLE AND  THE  IMPOUNDING  POLICE  DEPARTMENT
 SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE
 HAS BEEN IMPOUNDED.
   2.  A COMMERCIAL MOTOR VEHICLE SO IMPOUNDED SHALL BE IN THE CUSTODY OF
 THE LOCAL AUTHORITY AND SHALL NOT BE RELEASED UNLESS:
   (A) THE PERSON WHO REDEEMS IT HAS FURNISHED SATISFACTORY  EVIDENCE  OF
 REGISTRATION AND FINANCIAL SECURITY;
   (B)  PAYMENT  HAS  BEEN  MADE  FOR THE REASONABLE COSTS OF REMOVAL AND
 STORAGE OF THE COMMERCIAL MOTOR VEHICLE. THE  REGISTERED  OWNER  OF  THE
 VEHICLE SHALL BE RESPONSIBLE FOR SUCH PAYMENT PROVIDED. PAYMENT PRIOR TO
 RELEASE OF THE VEHICLE SHALL NOT BE REQUIRED IN CASES WHERE THE IMPOUND-
 ED  VEHICLE  WAS  STOLEN  OR  WAS RENTED OR LEASED PURSUANT TO A WRITTEN
 AGREEMENT FOR A PERIOD OF THIRTY DAYS OR LESS, HOWEVER THE MOTOR CARRIER
 WHO WAS OPERATING SUCH VEHICLE SHALL BE LIABLE FOR THE COSTS OF  REMOVAL
 AND STORAGE OF THE VEHICLE TO ANY ENTITY RENDERING SUCH SERVICE.
   (C) WHERE THE COMMERCIAL MOTOR VEHICLE WAS OPERATED BY A PERSON WHO AT
 THE TIME OF THE OFFENSE WAS THE OWNER THEREOF, (I) SATISFACTORY EVIDENCE
 THAT  THE REGISTERED OWNER OR OTHER PERSON SEEKING TO REDEEM THE VEHICLE
 HAS A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE, AND
 (II)(A) SATISFACTORY EVIDENCE THAT THE OUT-OF-SERVICE DEFECT OR  DEFECTS
 FORMING  THE BASIS FOR SUCH SEIZURE OR IMPOUNDMENT HAVE BEEN REPAIRED OR
 THE REGISTERED OWNER HAS PROVIDED SATISFACTORY EVIDENCE THAT THE VEHICLE
 WILL BE PERMANENTLY TAKEN OUT OF SERVICE, OR (B) A CERTIFICATE ISSUED BY
 THE COURT OR ADMINISTRATIVE TRIBUNAL IN WHICH  THE  SEIZURE  ACTION  WAS
 COMMENCED  ORDERING  RELEASE  OF  THE  VEHICLE  PRIOR TO THE JUDGMENT OR
 COMPLIANCE THEREWITH IN THE INTEREST OF JUSTICE, OR  (C)  A  CERTIFICATE
 ISSUED BY THE COMMISSIONER OF TRANSPORTATION OR OTHER OFFICER AUTHORIZED
 TO  ENFORCE  COMPLIANCE WITH REMEDYING OUT-OF-SERVICE DEFECTS HAS WAIVED
 THE AUTHORIZATION TO HOLD THE VEHICLE AFTER FINDING  THAT  SUCH  RELEASE
 WOULD NOT BE CONTRARY TO PUBLIC SAFETY.
   3.  WHEN  A  COMMERCIAL MOTOR VEHICLE SEIZED AND IMPOUNDED PURSUANT TO
 THIS SECTION HAS BEEN IN THE CUSTODY OF THE LOCAL AUTHORITY  FOR  THIRTY
 S. 1370--A                          3
 
 DAYS,  SUCH AUTHORITY SHALL MAKE INQUIRY IN THE MANNER PRESCRIBED BY THE
 COMMISSIONER AS TO THE NAME AND ADDRESS OF THE OWNER AND ANY  LIENHOLDER
 AND  UPON  RECEIPT  OF  SUCH  INFORMATION SHALL NOTIFY THE OWNER AND THE
 LIENHOLDER,  IF ANY, AT HIS OR HER LAST KNOWN ADDRESS BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, THAT IF THE VEHICLE IS NOT RETRIEVED  PURSUANT
 TO  SUBDIVISION TWO OF THIS SECTION WITHIN THIRTY DAYS FROM THE DATE THE
 NOTICE IS GIVEN, IT MAY BE FORFEITED. IF THE VEHICLE WAS  REGISTERED  IN
 NEW  YORK  STATE,  THE  LAST KNOWN ADDRESS SHALL BE THAT ADDRESS ON FILE
 WITH THE COMMISSIONER. IF THE VEHICLE  WAS  REGISTERED  OUT-OF-STATE  OR
 NEVER REGISTERED, NOTIFICATION SHALL BE MADE IN THE MANNER PRESCRIBED BY
 THE COMMISSIONER.
   4.  A  COMMERCIAL MOTOR VEHICLE THAT HAS BEEN SEIZED AND NOT RETRIEVED
 PURSUANT TO THE FOREGOING PROVISIONS OF THIS SECTION MAY BE FORFEITED TO
 THE LOCAL AUTHORITY UPON EXPIRATION OF THE  PERIOD  OF  THE  NOTICE  SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION PROVIDED, HOWEVER, IN COMPUT-
 ING  SUCH PERIOD, THE PERIOD OF TIME DURING WHICH A CRIMINAL PROSECUTION
 OR ADMINISTRATIVE HEARING IS OR WAS PENDING AGAINST THE OWNER FOR POTEN-
 TIAL VIOLATIONS SHALL BE EXCLUDED. A PROCEEDING TO DECREE  SUCH  FORFEI-
 TURE AND TO RECOVER TOWING AND STORAGE COSTS, IF ANY, TO THE EXTENT SUCH
 COSTS  EXCEED THE FAIR MARKET VALUE OF THE VEHICLE MAY BE BROUGHT BY THE
 LOCAL AUTHORITY IN THE COURT OR ADMINISTRATIVE  TRIBUNAL  IN  WHICH  THE
 CIVIL  OR CRIMINAL ACTION WAS COMMENCED BY PETITION FOR AN ORDER DECREE-
 ING FORFEITURE OF THE MOTOR VEHICLE, ACCOMPANIED BY AN AFFIDAVIT ATTEST-
 ING TO FACTS SHOWING THAT FORFEITURE IS WARRANTED. IF THE  IDENTITY  AND
 ADDRESS  OF THE OWNER AND/OR LIENHOLDER IS KNOWN TO THE LOCAL AUTHORITY,
 TEN DAYS' NOTICE SHALL BE GIVEN TO SUCH PARTY, WHO SHALL HAVE AN  OPPOR-
 TUNITY  TO  APPEAR  AND  BE  HEARD  PRIOR TO ENTRY OF AN ORDER DECREEING
 FORFEITURE. WHERE THE COURT OR ADMINISTRATIVE TRIBUNAL IS SATISFIED THAT
 FORFEITURE OF A MOTOR VEHICLE  IS  WARRANTED  IN  ACCORDANCE  WITH  THIS
 SECTION,  IT  SHALL ENTER AN ORDER DECREEING FORFEITURE OF SUCH VEHICLE.
 PROVIDED, HOWEVER, THAT THE COURT OR ADMINISTRATIVE TRIBUNAL AT ANY TIME
 PRIOR TO ENTRY OF SUCH AN ORDER MAY AUTHORIZE RELEASE OF THE VEHICLE  IN
 ACCORDANCE  WITH  SUBDIVISION TWO OF THIS SECTION UPON A SHOWING OF GOOD
 CAUSE FOR FAILURE TO RETRIEVE SAME PRIOR TO COMMENCEMENT OF THE PROCEED-
 ING TO DECREE FORFEITURE, BUT IF THE COURT  OR  ADMINISTRATIVE  TRIBUNAL
 ORDERS  RELEASE  OF THE MOTOR VEHICLE AS HEREIN PROVIDED AND THE VEHICLE
 IS NOT REDEEMED WITHIN TEN DAYS FROM THE DATE OF SUCH ORDER, THE VEHICLE
 SHALL BE DEEMED TO HAVE BEEN ABANDONED AND THE COURT  OR  ADMINISTRATIVE
 TRIBUNAL  UPON  APPLICATION  OF  THE LOCAL AUTHORITY MUST ENTER AN ORDER
 DECREEING ITS FORFEITURE.
   5. A MOTOR VEHICLE FORFEITED IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION SHALL BE AND BECOME THE PROPERTY OF THE LOCAL AUTHORITY, SUBJECT
 HOWEVER TO ANY LIEN THAT WAS RECORDED PRIOR TO THE SEIZURE.
   6. (A) FOR THE PURPOSES OF THIS SECTION, THE  TERM  "LOCAL  AUTHORITY"
 MEANS THE MUNICIPALITY IN WHICH THE COMMERCIAL MOTOR VEHICLE WAS SEIZED;
 EXCEPT  THAT IF THE VEHICLE WAS SEIZED ON PROPERTY OF THE NEW YORK STATE
 THRUWAY AUTHORITY OR PROPERTY UNDER THE JURISDICTION OF  THE  OFFICE  OF
 PARKS, RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF TRANSPOR-
 TATION,  OR A PUBLIC AUTHORITY OR COMMISSION, THE TERM "LOCAL AUTHORITY"
 MEANS SUCH AUTHORITY, OFFICE, DEPARTMENT, OR COMMISSION.  A  COUNTY  MAY
 PROVIDE  BY  LOCAL  LAW THAT THE COUNTY MAY ACT AS THE AGENT FOR A LOCAL
 AUTHORITY UNDER THIS SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMERCIAL MOTOR VEHI-
 CLE" SHALL MEAN A SELF-PROPELLED OR TOWED MOTOR VEHICLE USED ON A  HIGH-
 WAY  IN COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY AS DEFINED PURSUANT
 TO 17 NYCRR PART 820.
 S. 1370--A                          4
 
   7. WHEN A COMMERCIAL MOTOR  VEHICLE  HAS  BEEN  SEIZED  AND  IMPOUNDED
 PURSUANT  TO  THIS  SECTION,  THE  LOCAL  AUTHORITY OR ANY PERSON HAVING
 CUSTODY OF THE VEHICLE SHALL MAKE THE VEHICLE AVAILABLE OR GRANT  ACCESS
 TO  IT TO ANY OWNER OR ANY PERSON DESIGNATED OR AUTHORIZED BY SUCH OWNER
 FOR  THE PURPOSE OF (A) TAKING POSSESSION OF ANY PERSONAL PROPERTY FOUND
 WITHIN THE VEHICLE, AND (B) OBTAINING PROOF OF  REGISTRATION,  FINANCIAL
 SECURITY,  TITLE OR DOCUMENTATION IN SUPPORT THEREOF, AND (C) CURING THE
 OUT-OF-SERVICE DEFECT OR DEFECTS.
   § 3. 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.