S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8739
 
                             I N  S E N A T E
 
                               March 5, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   towers  to  clean up any debris in the surrounding area resulting from
   the vehicles they are towing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent. The legislature finds and determines
 that often the delay caused by  investigation  and  removal  process  of
 damaged  and  disabled motor vehicles from vehicle accident crash scenes
 results in congestion of traffic and can cause additional accidents.
   The legislature further finds and  determines  that  it  is  of  vital
 importance  to  remove  damaged  and disabled vehicles from the roads as
 promptly as possible.
   The legislature also finds and determines that motor vehicle  accident
 and disablement sites, are often left in an unsafe and unclean condition
 after tow truck operators and emergency personnel leave the scene.
   The legislature determines that clean up standards and enforcement are
 needed  to ensure public/vehicle safety is maintained and to ensure that
 accident and disablement scenes are left free of  debris  and  are  safe
 thoroughfares.
   Therefore,  the  purpose of this law is to ensure that following motor
 vehicle accidents and disablements, and as part of the  towing  services
 involved,  that  the surrounding area/scene will be swept and left clean
 and free from debris so as to protect the  public  and  future  vehicles
 traveling in the area.
   §  2. The general business law is amended by adding a new section 399-
 xxx to read as follows:
   § 399-XXX. TOWING VEHICLES FROM AN ACCIDENT OR DISABLEMENT SCENE.   1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "ACCIDENT"  SHALL MEAN ANY INCIDENT OR OCCURRENCE IN WHICH ONE OR
 MORE MOTOR VEHICLES COME IN CONTACT WITH EACH OTHER OR  ANOTHER  OBJECT,
 THEREBY CAUSING DAMAGE TO A MOTOR VEHICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06856-01-3
 S. 8739                             2
 
   (B)  "DEBRIS"  SHALL  MEAN SUBSTANCES, MATERIALS, AND OBJECTS THAT ARE
 FOREIGN TO THE NORMAL ROADWAY OR THOROUGHFARE ENVIRONMENT AREA,  INCLUD-
 ING  TRAFFIC CONTROL DEBRIS. DEBRIS MAY BE PRODUCED BY VEHICULAR OR NON-
 VEHICULAR SOURCES;
   (C)  "DISABLEMENT" SHALL MEAN MOTOR VEHICLES NOT INVOLVED IN ACCIDENTS
 BUT WHICH ARE DISABLED AND WHICH MUST  BE  REMOVED  FROM  THE  ROAD  VIA
 SERVICES OF A TOW TRUCK OPERATOR;
   (D)  "TOWER"  SHALL MEAN A PERSON OWNING OR LEASING OR CONTROLLING ONE
 OR MORE TOW TRUCKS AND DRIVING OR OPERATING OR CAUSING ANY SUCH  VEHICLE
 TO BE OPERATED UPON THE PUBLIC HIGHWAYS FOR HIRE; AND
   (E)  "TOW  TRUCK"  SHALL  MEAN  A  MOTOR  VEHICLE WHICH IS DESIGNED OR
 EQUIPPED FOR CARRYING, LIFTING OR MOVING ANOTHER MOTOR VEHICLE.
   2. CLEAN UP OF DEBRIS AND SURROUNDING AREA. (A) ALL TOWERS  CALLED  TO
 THE SCENE OF AN ACCIDENT OR DISABLEMENT SHALL CLEAN UP ANY DEBRIS IN THE
 SURROUNDING  AREA  RESULTING  FROM  THE  VEHICLES THEY ARE TOWING TO THE
 SATISFACTION OF THE POLICE OFFICER OR AUTHORIZED REPRESENTATIVE  ON  THE
 SCENE.
   (B) ALL TOW TRUCKS OPERATING IN THE STATE SHALL BE EQUIPPED FOR DEBRIS
 CLEAN  UP INCLUDING, BUT NOT LIMITED TO, A SHOVEL, BROOM AND A CONTAINER
 TO COLLECT DEBRIS.
   (C) TOWERS SHALL FURTHER CLEAN UP ANY OIL, COOLANT, OR  GAS  THAT  THE
 VEHICLES INVOLVED SPILLED ON THE ROAD AND SHALL CARRY A LIQUID ABSORBING
 SUBSTANCE  APPROVED  BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND
 THE DEPARTMENT OF TRANSPORTATION THEY CAN APPLY AND  SWEEP  OFF  OF  THE
 ROAD SO THAT IT IS CLEAN AND DRY.
   (D)  THE  CLEAN UP SERVICES REQUIRED BY THIS SECTION SHALL BE INCLUDED
 IN THE TOWING FEE. NO ADDITIONAL CHARGE SHALL BE MADE FOR THIS SERVICE.
   (E) SHOULD THERE BE AN EXCESS AMOUNT OF OIL OR TOXIC CHEMICALS ON  THE
 ROAD,  THE  TOWER  MAY  ENLIST  THE HELP OF THE LOCAL FIRE DEPARTMENT OR
 HAZMAT TEAM, DEPENDING ON THE NATURE OF THE SPILL.
   (F) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PROHIBIT  A  POLICE
 OFFICER IN CHARGE AT THE SCENE OF ANY ACCIDENT OR DISABLEMENT TO REQUEST
 AND  OBTAIN SUCH EMERGENCY AID AND EQUIPMENT AS, IN SUCH OFFICER'S OPIN-
 ION, MAY BE REQUIRED AS AN  EMERGENCY  MEASURE  TO  CLEAR  THE  HIGHWAY,
 PROTECT PERSONS AND/OR PROPERTY, OR CARRY OUT THE DUTIES OF SUCH OFFICER
 WITH  REGARD  TO  THE  SEIZURE  OF  PROPERTY  AND/OR THE PRESERVATION OF
 EVIDENCE.
   (G) NOTWITHSTANDING THE FOREGOING, THE REMOVAL OF ANY DAMAGED  MUNICI-
 PAL  PROPERTY, INCLUDING BUT NOT LIMITED TO, MUNICIPAL VEHICLES, ROADWAY
 SIGNS, BUS SHELTERS, FENCING OR GUARDRAILS SHALL BE  THE  RESPONSIBILITY
 OF  THE APPLICABLE MUNICIPALITY. SUCH MUNICIPALITY SHALL ENSURE THAT THE
 DAMAGED MUNICIPAL PROPERTY IS REMOVED AS  SOON  AS  PRACTICABLE  AND  IN
 ACCORDANCE WITH ANY COLLECTIVE BARGAINING AGREEMENTS.
   (H) WHENEVER A MUNICIPAL TOW TRUCK IS USED TO TOW VEHICLES, THE MUNIC-
 IPAL  EMPLOYEE OPERATING THE TOW TRUCK SHALL BE REQUIRED TO CLEAN UP ANY
 DEBRIS IN THE SURROUNDING AREA RESULTING  FROM  THE  VEHICLES  THEY  ARE
 TOWING,  INCLUDING SAFETY MATERIALS, SUCH AS FLARES, USED TO CONTROL THE
 SITE.
   3. PENALTIES. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,
 AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE  NAME  OF  THE
 PEOPLE  OF  THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDIC-
 TION TO ISSUE AN INJUNCTION, AND UPON NOTICE TO  THE  DEFENDANT  OF  NOT
 LESS  THAN  FIVE  DAYS,  TO  ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
 S. 8739                             3
 
 RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT
 MAY  IMPOSE A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT
 MORE THAN FIVE HUNDRED DOLLARS FOR EACH SUCH  VIOLATION.  IN  CONNECTION
 WITH  ANY  SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
 TO TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  TO
 ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   (B) THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
 TOWN  ATTORNEY,  CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE OF A
 MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL  MONEYS  COLLECTED  THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.