Bill Text: NY A00462 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to abandoned vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A00462 Detail]

Download: New_York-2015-A00462-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          462
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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:
    1    Section 1. Subdivision 1 of section 207 of  the  vehicle  and  traffic
    2  law,  as  amended by chapter 173 of the laws of 1990, is amended to read
    3  as follows:
    4    1. Except as otherwise provided, the commissioner shall be  authorized
    5  to  prescribe the form of summons and complaint in all cases involving a
    6  violation of any provision of this chapter, including [section] SECTIONS
    7  twelve hundred  three-c  AND  TWELVE  HUNDRED  TWENTY-FOUR,  or  of  any
    8  provision  of  the tax law or of the transportation law regulating traf-
    9  fic, or of any ordinance, rule or regulation relating to traffic, and to
   10  establish procedures for proper administrative controls over the  dispo-
   11  sition thereof. The commissioner is not authorized to prescribe the form
   12  of summons and complaint for parking, stopping or standing violations or
   13  a violation of article forty-seven or forty-eight of this chapter.
   14    S  2.  Paragraphs  (b),  (c), (d), and (e) of subdivision 7 of section
   15  1224 of the vehicle and traffic law are relettered paragraphs (c),  (d),
   16  (e), and (f) and a new paragraph (b) is added to read as follows:
   17    (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, IN ADDITION TO THOSE
   18  PERSONS OTHERWISE AUTHORIZED TO ENFORCE THIS SUBDIVISION AND  ADJUDICATE
   19  VIOLATIONS  THEREOF,  THIS SUBDIVISION SHALL ALSO BE ENFORCEABLE, EXCEPT
   20  IN A CITY WITH A POPULATION OF ONE MILLION OR MORE,  IN  A  CITY  COURT,
   21  DISTRICT  COURT,  OR  JUSTICE  COURT  WITHIN THE MUNICIPALITY IN WHICH A
   22  VIOLATION OF THIS SUBDIVISION IS ALLEGED TO HAVE OCCURRED. NOTWITHSTAND-
   23  ING ANY OTHER PROVISION OF LAW, SERVICE OF A NOTICE OF VIOLATION  FOR  A
   24  VIOLATION  OF  THIS  SUBDIVISION COMMITTED IN SUCH MUNICIPALITY SHALL BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01987-01-5
       A. 462                              2
    1  MADE UPON AN OWNER BY FIRST-CLASS MAIL, POSTAGE PREPAID, ACCOMPANIED  BY
    2  A  CERTIFICATE  OF MAILING FROM THE UNITED STATES POSTAL SERVICE AND ANY
    3  SUCH NOTICE SERVED BY MAIL SHALL BE  RETURNABLE  TO  SUCH  MUNICIPALITY.
    4  SERVICE  SHALL  BE  DEEMED  COMPLETE  UPON  MAILING  OF  THE  NOTICE  OF
    5  VIOLATION, TO THE OWNER'S LAST KNOWN PLACE OF RESIDENCE  OR  LAST  KNOWN
    6  POST-OFFICE  ADDRESS,  UNLESS THE NOTICE OF VIOLATION IS RETURNED TO THE
    7  SENDER BY THE UNITED STATES POSTAL SERVICE FOR  ANY  REASON  OTHER  THAN
    8  REFUSAL OF DELIVERY.
    9    S  3. Subdivision 9 of section 1224 of the vehicle and traffic law, as
   10  amended by chapter 795 of the laws  of  1974,  is  amended  to  read  as
   11  follows:
   12    9.  The  last  owner  of  an abandoned vehicle shall be liable to such
   13  local authority for the costs of removal [and], storage AND DISPOSAL  of
   14  such vehicle.
   15    S 4. This act shall take effect on the one hundred eightieth day after
   16  it shall have become a law.
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