NY State Senate Bill 2009-S2627

Senate Bill S2627

2009-2010 Legislative Session

Permits local authorities, if authorized by special or local law, to convert for law enforcement purposes, up to three percent of vehicles deemed abandoned

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Feb 25, 2009	referred to transportation

co-Sponsors

2009-S2627 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1224, V & T L; amd §14-140, NYC Ad Cd

2009-S2627 (ACTIVE) - Summary

Permits local authorities to annually convert to their own use for law enforcement purposes, up to three percent of vehicles deemed abandoned or two such abandoned vehicles, whichever is greater.

2009-S2627 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2627

 TITLE OF BILL :
An act to amend the vehicle and traffic law and the administrative
code of the city of New York, in relation to the conversion of
abandoned vehicles by local authorities


 PURPOSE :
This bill would amend section 1224(6)(a) of the Vehicle and Traffic
Law ("VTL") to permit local authorities, if authorized by special or
local law, to convert for law enforcement purposes, up to three
percent of vehicles deemed abandoned (or two such vehicles, whichever
is greater) pursuant to that section. Section 14-140(e) (1) of the New
York City Administrative Code would also be amended to implement the
new conversion rate in New York City.

 JUSTIFICATION :
VTL Section 1224 permits local authorities to seize abandoned
vehicles, as that term is defined in that section. If these vehicles
remain unclaimed, after statutory notice to the owner, the local
authorities may take title to them. In most cases, local authorities
are required to sell these vehicles at public auction, or to a scrap
processor or vehicle dismantler.  However, VTL Section 1224(6) (a)
permits local authorities to convert up to one percent of abandoned
vehicles (or two such vehicles, whichever is greater) in their

possession per year.

The conversion provision of the VTL provides a modest, but necessary,
cost-effective method to obtain a limited number of unique, undercover
vehicles for law enforcement purposes. In the City of New York,
converted vehicles have been used by the police Department, District
Attorneys and the Department of Investigation. As the Police
Department expands its strategies to reduce crime, there is a need for
additional vehicles for undercover investigative work.  Without this
one percent conversion provision, these vehicles would have to be
purchased or leased at a greater cost to the City and its taxpayers.

In these times of fiscal constraint, the City must impose budgetary
restrictions on the purchase of vehicles. The Police Department has
had to extend the average life of its vehicle fleet by thirty-three
percent. Accordingly, the right to convert abandoned vehicles is
welcome assistance.

However, the one percent rate resulted in the conversion of only
twenty-three vehicles in New York City in 1996. This bill would raise
the permissible conversion cap on abandoned vehicles to a maximum of
three percent. The bill acknowledges the important governmental need
for vehicles for law enforcement purposes while preserving the right
of the owner of an apparently abandoned vehicle to receive notice and
claim the vehicle.

The only vehicles that are subject to conversion are vehicles that
have apparently been abandoned by their owners, with their removal
left to local authorities. Notwithstanding this fact, the statute
still provides strict procedures for notification to the owner that
the vehicle has been found and a time period for them to re-claim the
vehicle before title transfers to the local government.

This bill will assist law enforcement officials in obtaining needed
vehicles in a modest but cost-effective manner.

 LEGISLATIVE HISTORY :
S.1844/A.3475 of 2007-08 (Passed Senate); S.1043/A.193l of 2005-06
(Passed Senate, Assembly Transportation); S.1054/A.1998 of 2003-04
(Passed Senate '03/'04, Assembly Transportation), S.1219A/A.6132 of
2001-02 (Passed Senate 2001 and 2002), S.1501 of 1999-00 (Passed
Senate in 2000), S.6493 of 1997-98.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S2627 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2627

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens. PADAVAN, LARKIN, MORAHAN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

AN  ACT to amend the vehicle and traffic law and the administrative code
  of the city of New York, in relation to the  conversion  of  abandoned
  vehicles by local authorities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 6 of section 1224 of the vehi-
cle and traffic law, as amended by chapter 840 of the laws of  1990,  is
amended to read as follows:
  (a)  A  local  authority,  if  authorized by SPECIAL OR local law, may
convert to its own use those abandoned vehicles not affected by subdivi-
sion two of this section or may, by sale or gift, transfer title to  any
of  such  vehicles to any other municipal corporation for use by its law
enforcement agency, provided  however,  the  total  number  of  vehicles
converted  and/or  transferred in any calendar year may not exceed [one]
THREE percent of the local authority's unclaimed abandoned vehicles  not
affected by subdivision two of this section or two such vehicles, which-
ever is greater.
  S 2. Paragraph 1 of subdivision e of section 14-140 of the administra-
tive code of the city of New York, as amended by chapter 503 of the laws
of 1995, is amended to read as follows:
  1.  Abandoned  vehicles  subject  to  the provisions of section twelve
hundred twenty-four of the vehicle and traffic law in the custody of the
property clerk shall be disposed of in accordance with the provisions of
such section twelve hundred twenty-four. The city may convert to its own
use in any calendar year [one] THREE percent of any such abandoned vehi-
cles not subject to subdivision two of such section twelve hundred twen-
ty-four which are not claimed. All moneys or property other  than  aban-
doned  vehicles subject to the provisions of such section twelve hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06940-01-9

S. 2627                             2

twenty-four that shall remain in the custody of the property clerk for a
period of three months without a lawful claimant entitled thereto shall,
in the case of moneys, be paid into the general fund of the city  estab-
lished  pursuant  to section one hundred nine of the charter, and in the
case of property other than such abandoned vehicles, be sold  at  public
auction  after  having been advertised in "the City Record" for a period
of ten days and the proceeds of such sale shall be paid into such  fund.
In  the  alternative,  any such property may be used or converted to use
for the purpose of any city, state or federal agency, or for  charitable
purposes,  upon consultation with the human resources administration and
other appropriate city agencies, and the commissioner shall report annu-
ally to the city council on the distribution of such property.  Notwith-
standing  the foregoing, all property or money of a deceased person that
shall come into the custody of the property clerk shall be delivered  to
a  representative of the estate of such decedent and if there be no such
representative, to the public administrator  of  the  county  where  the
decedent resided. Where moneys or property have been unlawfully obtained
or  stolen  or embezzled or are the proceeds of crime or derived through
crime or derived through the conversion of unlawfully acquired  property
or  money  or  derived through the use or sale of property prohibited by
law from being held, used or sold, or have  been  used  as  a  means  of
committing  crime or employed in aid or in furtherance of crime or held,
used or sold in violation of law, or are  the  proceeds  of  or  derived
through bookmaking, policy, common gambling, keeping a gambling place or
device,  or  any  other  form  of illegal gambling activity or have been
employed in or in connection with or in furtherance of any such gambling
activity, a person who so obtained, received or derived any such  moneys
or  property,  or who so used, employed, sold or held any such moneys or
property or permitted or suffered the same to be used, employed, sold or
held, or who was a participant or accomplice  in  any  such  act,  or  a
person  who  derives  his or her claim in any manner from or through any
such person, shall not be deemed to be the lawful claimant  entitled  to
any  such  moneys  or property except that as concerns any vehicle taken
into custody in the manner provided for  in  subdivision  b  of  section
20-519  of  the  code, the authorized tow company shall receive from the
department the cost of towing and storage as provided under  subdivision
c of section 20-519.
  S 3. This act shall take effect immediately.

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Senate Bill S2627

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Sponsored By

Frank Padavan