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

                                  1184

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  abandoned
  vehicles

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

  Section 1. Subdivision 1 of section 207 of  the  vehicle  and  traffic
law,  as  amended by chapter 173 of the laws of 1990, is amended to read
as follows:
  1. Except as otherwise provided, the commissioner shall be  authorized
to  prescribe the form of summons and complaint in all cases involving a
violation of any provision of this chapter, including [section] SECTIONS
twelve hundred  three-c  AND  TWELVE  HUNDRED  TWENTY-FOUR,  or  of  any
provision  of  the tax law or of the transportation law regulating traf-
fic, or of any ordinance, rule or regulation relating to traffic, and to
establish procedures for proper administrative controls over the  dispo-
sition thereof. The commissioner is not authorized to prescribe the form
of summons and complaint for parking, stopping or standing violations or
a violation of article forty-seven or forty-eight of this chapter.
  S  2.  Paragraphs  (b),  (c), (d), and (e) of subdivision 7 of section
1224 of the vehicle and traffic law are relettered paragraphs (c),  (d),
(e), and (f) and a new paragraph (b) is added to read as follows:
  (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, IN ADDITION TO THOSE
PERSONS OTHERWISE AUTHORIZED TO ENFORCE THIS SUBDIVISION AND  ADJUDICATE
VIOLATIONS  THEREOF,  THIS SUBDIVISION SHALL ALSO BE ENFORCEABLE, EXCEPT
IN A CITY WITH A POPULATION OF ONE MILLION OR MORE,  IN  A  CITY  COURT,
DISTRICT  COURT,  OR  JUSTICE  COURT  WITHIN THE MUNICIPALITY IN WHICH A
VIOLATION OF THIS SUBDIVISION IS ALLEGED TO HAVE OCCURRED. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, SERVICE OF A NOTICE OF VIOLATION  FOR  A
VIOLATION  OF  THIS  SUBDIVISION COMMITTED IN SUCH MUNICIPALITY SHALL BE

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

                                                           LBD03372-01-1

A. 1184                             2

MADE UPON AN OWNER BY FIRST-CLASS MAIL, POSTAGE PREPAID, ACCOMPANIED  BY
A  CERTIFICATE  OF MAILING FROM THE UNITED STATES POSTAL SERVICE AND ANY
SUCH NOTICE SERVED BY MAIL SHALL BE  RETURNABLE  TO  SUCH  MUNICIPALITY.
SERVICE  SHALL  BE  DEEMED  COMPLETE  UPON  MAILING  OF  THE  NOTICE  OF
VIOLATION, TO THE OWNER'S LAST KNOWN PLACE OF RESIDENCE  OR  LAST  KNOWN
POST-OFFICE  ADDRESS,  UNLESS THE NOTICE OF VIOLATION IS RETURNED TO THE
SENDER BY THE UNITED STATES POSTAL SERVICE FOR  ANY  REASON  OTHER  THAN
REFUSAL OF DELIVERY.
  S  3. Subdivision 9 of section 1224 of the vehicle and traffic law, as
amended by chapter 795 of the laws  of  1974,  is  amended  to  read  as
follows:
  9.  The  last  owner  of  an abandoned vehicle shall be liable to such
local authority for the costs of removal [and], storage AND DISPOSAL  of
such vehicle.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.