S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2589
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 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.
   §  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
 MADE UPON AN OWNER BY FIRST-CLASS MAIL, POSTAGE PREPAID, ACCOMPANIED  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00736-01-9

 A. 2589                             2
 
 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.
   § 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.