S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6193
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law,  in  relation  to  allowing  the
   commissioner  of transportation to immobilize or impound limousines in
   certain situations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 145 of the transportation law, as
 added by chapter 635 of the laws of 1983, is amended to read as follows:
   2. (A) The commissioner may upon complaint or upon the  commissioner's
 initiative  without  complaint  institute proceedings to revoke, cancel,
 suspend or modify any certificate or  permit  issued  pursuant  to  this
 chapter  after  a  hearing  at  which  the holder of such certificate or
 permit and any person making such complaint shall be given  an  opportu-
 nity  to be heard. Provided, however, that any order of the commissioner
 revoking, cancelling, suspending or modifying any certificate or  permit
 shall not become effective until thirty days after the serving of notice
 thereof  upon  the  holder  of  such  certificate  or permit, unless the
 commissioner determines that the continued holding of  such  certificate
 or  permit  for  such  period  would be contrary to the public interest.
 Hearings shall be held in such manner and upon such  notice  as  may  be
 prescribed by rules of the commissioner, but such notice shall be of not
 less than ten days and shall state the nature of the complaint.
   (B)  THE  COMMISSIONER  MAY  TAKE  ACTIONS TO IMMOBILIZE OR IMPOUND AN
 ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A STRETCH LIMOUSINE HAVING
 A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING  THE  DRIVER  IF
 THE  STRETCH  LIMOUSINE  HAS  AN  OUT-OF-SERVICE  DEFECT OR HAS A DEFECT
 RELATED TO ITS HORN AND THE COMMISSIONER DETERMINES  THAT  ALLOWING  THE
 STRETCH  LIMOUSINE TO LEAVE THE INSPECTION AREA WOULD BE CONTRARY TO THE
 PUBLIC INTEREST. THE COMMISSIONER IS PERMITTED TO  CONTINUE  IMMOBILIZA-
 TION  OR  IMPOUNDMENT  OF  THE  STRETCH  LIMOUSINE  UNTIL SATISFIED THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11845-02-9

 S. 6193                             2
 
 REPAIRS HAVE BEEN SCHEDULED OR MADE TO REMEDY  THE  STRETCH  LIMOUSINE'S
 OUT-OF-SERVICE DEFECT OR DEFECTS.  PROVIDED, HOWEVER, A HEARING SHALL BE
 HELD  AFTER ANY IMMOBILIZATION OR IMPOUNDMENT PURSUANT TO THIS PARAGRAPH
 AT  WHICH  THE HOLDER OF SUCH CERTIFICATE OR PERMIT AND THE COMMISSIONER
 SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. HEARINGS  SHALL  BE  HELD  IN
 SUCH  MANNER  AND  UPON SUCH NOTICE AS MAY BE PRESCRIBED BY RULES OF THE
 COMMISSIONER, BUT SUCH NOTICE SHALL BE OF NOT LESS  THAN  TEN  DAYS  AND
 SHALL  STATE  THE  RATIONALE  FOR IMPOUNDING OR IMMOBILIZING THE STRETCH
 LIMOUSINE. THE COMMISSIONER IS EMPOWERED TO REMOVE OR  ARRANGE  FOR  THE
 REMOVAL  OF  A STRETCH LIMOUSINE TO A GARAGE, AUTOMOBILE POUND, OR OTHER
 PLACE OF SAFETY WHERE IT SHALL REMAIN IMPOUNDED OR  IMMOBILIZED  SUBJECT
 TO  THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR, FIVE, SIX AND SEVEN
 OF SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6193--A
     Cal. No. 1091
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, GAUGHRAN -- 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, in relation to allowing the
   commissioner of transportation to immobilize or impound limousines  in
   certain situations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 145 of the transportation law,  as
 added by chapter 635 of the laws of 1983, is amended to read as follows:
   2.  (A) The commissioner may upon complaint or upon the commissioner's
 initiative without complaint institute proceedings  to  revoke,  cancel,
 suspend  or  modify  any  certificate  or permit issued pursuant to this
 chapter after a hearing at which  the  holder  of  such  certificate  or
 permit  and  any person making such complaint shall be given an opportu-
 nity to be heard. Provided, however, that any order of the  commissioner
 revoking,  cancelling, suspending or modifying any certificate or permit
 shall not become effective until thirty days after the serving of notice
 thereof upon the holder  of  such  certificate  or  permit,  unless  the
 commissioner  determines  that the continued holding of such certificate
 or permit for such period would be  contrary  to  the  public  interest.
 Hearings  shall  be  held  in such manner and upon such notice as may be
 prescribed by rules of the commissioner, but such notice shall be of not
 less than ten days and shall state the nature of the complaint.
   (B) THE COMMISSIONER MAY TAKE ACTIONS  TO  IMMOBILIZE  OR  IMPOUND  AN
 ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A STRETCH LIMOUSINE HAVING
 A  SEATING  CAPACITY  OF NINE OR MORE PASSENGERS INCLUDING THE DRIVER IF
 THE STRETCH LIMOUSINE HAS AN  OUT-OF-SERVICE  DEFECT  OR  HAS  A  DEFECT
 RELATED  TO  ITS  HORN AND THE COMMISSIONER DETERMINES THAT ALLOWING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11845-03-9

 S. 6193--A                          2
 
 STRETCH LIMOUSINE TO LEAVE THE INSPECTION AREA WOULD BE CONTRARY TO  THE
 PUBLIC  INTEREST.  THE COMMISSIONER IS PERMITTED TO CONTINUE IMMOBILIZA-
 TION OR IMPOUNDMENT  OF  THE  STRETCH  LIMOUSINE  UNTIL  SATISFIED  THAT
 REPAIRS  HAVE  BEEN  SCHEDULED OR MADE TO REMEDY THE STRETCH LIMOUSINE'S
 OUT-OF-SERVICE DEFECT OR DEFECTS.  PROVIDED, HOWEVER, A HEARING SHALL BE
 HELD AFTER ANY IMMOBILIZATION OR IMPOUNDMENT PURSUANT TO THIS  PARAGRAPH
 AT  WHICH  THE HOLDER OF SUCH CERTIFICATE OR PERMIT AND THE COMMISSIONER
 SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. HEARINGS  SHALL  BE  HELD  IN
 SUCH  MANNER  AND  UPON SUCH NOTICE AS MAY BE PRESCRIBED BY RULES OF THE
 COMMISSIONER, BUT SUCH NOTICE SHALL BE OF NOT LESS  THAN  TEN  DAYS  AND
 SHALL  STATE  THE  RATIONALE  FOR IMPOUNDING OR IMMOBILIZING THE STRETCH
 LIMOUSINE. THE BURDEN OF PROOF FOR THE COMMISSIONER'S CONTINUED IMPOUND-
 MENT OR IMMOBILIZATION SHALL BE BY  CLEAR  AND  CONVINCING  EVIDENCE  ON
 ISSUES  OF FACT.  THE COMMISSIONER IS EMPOWERED TO REMOVE OR ARRANGE FOR
 THE REMOVAL OF A STRETCH LIMOUSINE TO A  GARAGE,  AUTOMOBILE  POUND,  OR
 OTHER  PLACE  OF  SAFETY  WHERE IT SHALL REMAIN IMPOUNDED OR IMMOBILIZED
 SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO, THREE,  FOUR,  FIVE,  SIX
 AND  SEVEN  OF  SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC
 LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6193--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, CARLUCCI, GAUGHRAN, KAPLAN, LIU,
   TEDISCO -- 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  -- recommitted to the Committee on
   Transportation in accordance with Senate Rule 6, sec. 8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11845-05-9

 S. 6193--B                          2
 
 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.
   (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 GARAGE OR
 OTHER PLACE OF SAFETY UNDER THE  COMMISSIONER'S  JURISDICTION  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.
   (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
 PAYMENT HAS BEEN MADE TO THE COMMISSIONER FOR THE  REASONABLE  COSTS  OF
 REMOVAL  AND  STORAGE  OF  THE  ALTERED MOTOR VEHICLE IF IMPOUNDED.  THE
 REGISTERED OWNER OF THE VEHICLE SHALL BE RESPONSIBLE FOR SUCH PAYMENT.
   (C) WHEN AN ALTERED MOTOR VEHICLE SEIZED AND IMPOUNDED OR  IMMOBILIZED
 PURSUANT TO THIS SUBPARAGRAPH HAS BEEN IN THE CUSTODY OF THE COMMISSION-
 ER  FOR  THIRTY  DAYS,  THE  COMMISSIONER SHALL NOTIFY THE OWNER AND THE
 LIENHOLDER, IF ANY, AT HIS OR HER LAST KNOWN ADDRESS BY CERTIFIED  MAIL,
 RETURN  RECEIPT REQUESTED, THAT IF REPAIRS ARE NOT SCHEDULED OR MADE AND
 THE VEHICLE NOT RETRIEVED PURSUANT TO CLAUSE (B)  OF  THIS  SUBPARAGRAPH
 WITHIN  THIRTY  DAYS FROM THE DATE THE NOTICE IS GIVEN, THE COMMISSIONER
 MAY DISPOSE OF SUCH VEHICLE AS AN ABANDONED VEHICLE PURSUANT TO  SECTION
 TWELVE  HUNDRED  TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND MAY SEEK
 TO RECOVER TOWING AND STORAGE COSTS IN A CIVIL ACTION IN THE NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK, IF APPLICABLE.   COSTS RECOVERED  IN  A
 CIVIL  ACTION  UNDER  THIS  CLAUSE SHALL BE PAID TO THE COMMISSIONER FOR
 DEPOSIT INTO THE STATE TREASURY FOR TOWING AND STORAGE EXPENSES, AND ANY
 REMAINING COSTS RECOVERED IN A CIVIL ACTION UNDER THIS CLAUSE  SHALL  BE
 PAID  TO THE COMMISSIONER FOR DEPOSIT INTO THE STATE TREASURY FOR ACTUAL
 AND NECESSARY  COSTS  RELATED  TO  BUS  AND  MOTOR  VEHICLE  INSPECTIONS
 CONDUCTED PURSUANT TO THIS SECTION.
   (D)  IF  AN  ALTERED  MOTOR  VEHICLE HAS BEEN SEIZED AND NOT RETRIEVED
 PURSUANT TO THE PROVISIONS OF THIS SUBPARAGRAPH WITHIN THIRTY DAYS  FROM

 S. 6193--B                          3
 
 THE  DATE  NOTICE  IS GIVEN PURSUANT TO CLAUSE (C) OF THIS SUBPARAGRAPH,
 SUCH ALTERED MOTOR VEHICLE SHALL BE DEEMED AN ABANDONED VEHICLE AND  THE
 COMMISSIONER  MAY  DISPOSE  OF  SUCH  ALTERED  MOTOR VEHICLE PURSUANT TO
 SECTION  TWELVE  HUNDRED  TWENTY-FOUR  OF  THE  VEHICLE AND TRAFFIC LAW.
 BEFORE ANY SUCH DISPOSAL, THE COMMISSIONER SHALL GIVE TEN  DAYS'  NOTICE
 TO  THE OWNER, WHO SHALL HAVE AN OPPORTUNITY TO APPEAR AND RETRIEVE SUCH
 ALTERED MOTOR VEHICLE IN ACCORDANCE WITH CLAUSE (B) OF THIS SUBPARAGRAPH
 WITHIN TEN DAYS OF THE DATE SUCH NOTICE IS GIVEN.
   (E)  AN  ALTERED  MOTOR  VEHICLE  ABANDONED  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  THIS  SECTION  SHALL  BE  AND BECOME THE PROPERTY OF THE
 DEPARTMENT, SUBJECT HOWEVER TO ANY LIEN THAT WAS RECORDED PRIOR  TO  THE
 SEIZURE.
   (F) WHEN AN ALTERED MOTOR VEHICLE HAS BEEN SEIZED AND IMPOUNDED PURSU-
 ANT  TO THIS SUBPARAGRAPH, THE COMMISSIONER SHALL MAKE THE ALTERED MOTOR
 VEHICLE AVAILABLE OR GRANT ACCESS TO IT  TO  ANY  OWNER  OR  ANY  PERSON
 DESIGNATED  OR  AUTHORIZED  BY  SUCH OWNER FOR THE PURPOSE OF (I) TAKING
 POSSESSION OF ANY PERSONAL PROPERTY FOUND WITHIN THE ALTERED MOTOR VEHI-
 CLE AND (II) OBTAINING PROOF OF REGISTRATION, FINANCIAL SECURITY,  TITLE
 OR DOCUMENTATION IN SUPPORT THEREOF.
   §  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.