S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1442
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  additional
   equipment requirements for stretch limousines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 375 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 55 to read as follows:
   55.  STRETCH LIMOUSINE ADDITIONAL EQUIPMENT REQUIREMENTS. (A) IT SHALL
 BE UNLAWFUL TO OPERATE OR CAUSE  TO  BE  OPERATED  A  STRETCH  LIMOUSINE
 REGISTERED  IN  THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO
 PUBLIC MOTOR VEHICLE TRAFFIC UNLESS SUCH VEHICLE IS  EQUIPPED  WITH  THE
 NECESSARY  QUANTITY  OF  WINDOW  BREAK TOOLS AND OPERATIONAL FIRE EXTIN-
 GUISHERS PRESCRIBED BY THE COMMISSIONER OF TRANSPORTATION  IN  CONSULTA-
 TION WITH THE COMMISSIONER.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "STRETCH  LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
 SEATING CAPACITY OF NINE  OR  MORE  PASSENGERS,  INCLUDING  THE  DRIVER,
 COMMONLY  REFERRED  TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
 BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION.
   (II) "STRETCH LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR  VEHICLE  OR
 ANY  OTHER  MOTOR  VEHICLE  WHICH IS OWNED AND OPERATED AS AN EXHIBITION
 PIECE OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB  ACTIV-
 ITIES,  EXHIBITS,  TOURS, PARADES, OCCASIONAL TRANSPORTATION AND SIMILAR
 USES, BUT NOT USED  IN  THE  BUSINESS  OF  TRANSPORTING  PASSENGERS  FOR
 COMPENSATION.
   (III)  "WINDOW  BREAK TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
 THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN  EMERGENCY,  WHICH
 CAN BE SAFELY STORED WHEN NOT IN USE.
   §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01846-01-3
              

 S. 1442                             2
 
 diction to be invalid, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 3. This act shall take effect two years after it shall have become a
 law; provided, however, that this act shall be deemed  repealed  if  any
 federal agency determines in writing that this act would render New York
 state ineligible for the receipt of federal funds or any court of compe-
 tent jurisdiction finally determines that this act would render New York
 state out of compliance with federal law or regulation. The commissioner
 of motor vehicles or the commissioner of transportation shall notify the
 legislative  bill drafting commission upon the occurrence of any federal
 agency determining in writing that this act would render New York  state
 ineligible  for  the  receipt of federal funds or any court of competent
 jurisdiction finally determines that this  act  would  render  New  York
 state out of compliance with federal law or regulation in order that the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section  70-b  of  the  public  officers 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.