S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9056
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the transportation law,  in  relation  to  allowing  the
   commissioner of transportation to impound or immobilize stretch limou-
   sines in certain situations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph b of subdivision 9 of section 140 of  the  trans-
 portation  law,  as  added by section 3 of part III of chapter 59 of the
 laws of 2019, is amended to read as follows:
   b. (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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14786-01-0

 A. 9056                             2
 
   (II) (A) UPON THE SEIZURE OF NUMBER PLATES  PURSUANT  TO  SUBPARAGRAPH
 (I)  OF  THIS PARAGRAPH, IF THE OUT-OF-SERVICE DEFECT IS OF A TYPE WHERE
 PURSUANT TO THE COMMISSIONER'S  REGULATIONS  NO  INSPECTION  CERTIFICATE
 WILL  BE  ISSUED  UNTIL  THE  DEFECT  IS REPAIRED AND A RE-INSPECTION IS
 CONDUCTED,  OR  IS  RELATED TO ITS HORN, AND THE COMMISSIONER DETERMINES
 THAT ALLOWING THE ALTERED MOTOR VEHICLE TO  LEAVE  THE  INSPECTION  AREA
 WOULD  BE CONTRARY TO PUBLIC SAFETY, THE COMMISSIONER MAY: (A) REMOVE OR
 ARRANGE FOR THE REMOVAL OF, OR MAY DIRECT ANY POLICE OFFICER  TO  REMOVE
 OR ARRANGE FOR THE REMOVAL OF, THE ALTERED MOTOR VEHICLE TO A NON-PUBLIC
 GARAGE OR OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN IMPOUNDED, SUBJECT
 TO  THE PROVISIONS OF THIS SECTION; OR (B) IMMOBILIZE OR ARRANGE FOR THE
 IMMOBILIZATION OF THE ALTERED MOTOR VEHICLE ON PREMISES OWNED  OR  UNDER
 THE  CONTROL  OF THE OWNER OF SUCH ALTERED MOTOR VEHICLE, SUBJECT TO THE
 PROVISIONS OF THIS SECTION.  THE ALTERED MOTOR VEHICLE SHALL BE  ENTERED
 INTO  THE  NEW YORK STATEWIDE POLICE INFORMATION NETWORK AS AN IMPOUNDED
 OR IMMOBILIZED VEHICLE AND THE COMMISSIONER SHALL  PROMPTLY  NOTIFY  THE
 OWNER  THAT  THE ALTERED MOTOR VEHICLE HAS BEEN IMPOUNDED OR IMMOBILIZED
 AND THE REASON OR REASONS FOR SUCH IMPOUNDMENT  OR  IMMOBILIZATION,  AND
 GIVE  SUCH  OWNER AN OPPORTUNITY TO BE HEARD WITHIN NOT MORE THAN THIRTY
 DAYS OF THE SUSPENSION IMPOSED PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH.
   (B) A MOTOR VEHICLE SO IMPOUNDED OR IMMOBILIZED SHALL BE IN THE CUSTO-
 DY OF THE COMMISSIONER AND SHALL NOT BE RELEASED UNLESS THE COMMISSIONER
 IS  SATISFIED THAT REPAIRS HAVE BEEN SCHEDULED OR BEEN MADE TO SATISFAC-
 TORILY ADJUST SUCH VEHICLE'S OUT-OF-SERVICE DEFECT OR DEFECTS  AND  SUCH
 VEHICLE HAS BEEN RE-INSPECTED.
   (C)  THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN NOTICE TO THE OWNER OR
 OPERATOR OF THE SERVICE REPAIR SHOP OR IMPOUNDMENT  LOT  INFORMING  THEM
 THAT  SUCH  IMPOUNDED  VEHICLE SHALL NOT BE RELEASED WITHOUT THE WRITTEN
 APPROVAL OF THE COMMISSIONER. RELEASE OF SUCH IMPOUNDED VEHICLE  WITHOUT
 APPROVAL  BY THE COMMISSIONER SHALL BE PUNISHABLE BY A FINE OF UP TO TEN
 THOUSAND DOLLARS;
   § 2. 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.