Bill Text: NY S02627 | 2009-2010 | General Assembly | Introduced
Bill Title: Permits local authorities to annually convert to their own use for law enforcement purposes, up to three percent of vehicles deemed abandoned or two such abandoned vehicles, whichever is greater.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO TRANSPORTATION [S02627 Detail]
Download: New_York-2009-S02627-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2627
2009-2010 Regular Sessions
I N S E N A T E
February 25, 2009
___________
Introduced by Sens. PADAVAN, LARKIN, MORAHAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation
AN ACT to amend the vehicle and traffic law and the administrative code
of the city of New York, in relation to the conversion of abandoned
vehicles by local authorities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 6 of section 1224 of the vehi-
2 cle and traffic law, as amended by chapter 840 of the laws of 1990, is
3 amended to read as follows:
4 (a) A local authority, if authorized by SPECIAL OR local law, may
5 convert to its own use those abandoned vehicles not affected by subdivi-
6 sion two of this section or may, by sale or gift, transfer title to any
7 of such vehicles to any other municipal corporation for use by its law
8 enforcement agency, provided however, the total number of vehicles
9 converted and/or transferred in any calendar year may not exceed [one]
10 THREE percent of the local authority's unclaimed abandoned vehicles not
11 affected by subdivision two of this section or two such vehicles, which-
12 ever is greater.
13 S 2. Paragraph 1 of subdivision e of section 14-140 of the administra-
14 tive code of the city of New York, as amended by chapter 503 of the laws
15 of 1995, is amended to read as follows:
16 1. Abandoned vehicles subject to the provisions of section twelve
17 hundred twenty-four of the vehicle and traffic law in the custody of the
18 property clerk shall be disposed of in accordance with the provisions of
19 such section twelve hundred twenty-four. The city may convert to its own
20 use in any calendar year [one] THREE percent of any such abandoned vehi-
21 cles not subject to subdivision two of such section twelve hundred twen-
22 ty-four which are not claimed. All moneys or property other than aban-
23 doned vehicles subject to the provisions of such section twelve hundred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06940-01-9
S. 2627 2
1 twenty-four that shall remain in the custody of the property clerk for a
2 period of three months without a lawful claimant entitled thereto shall,
3 in the case of moneys, be paid into the general fund of the city estab-
4 lished pursuant to section one hundred nine of the charter, and in the
5 case of property other than such abandoned vehicles, be sold at public
6 auction after having been advertised in "the City Record" for a period
7 of ten days and the proceeds of such sale shall be paid into such fund.
8 In the alternative, any such property may be used or converted to use
9 for the purpose of any city, state or federal agency, or for charitable
10 purposes, upon consultation with the human resources administration and
11 other appropriate city agencies, and the commissioner shall report annu-
12 ally to the city council on the distribution of such property. Notwith-
13 standing the foregoing, all property or money of a deceased person that
14 shall come into the custody of the property clerk shall be delivered to
15 a representative of the estate of such decedent and if there be no such
16 representative, to the public administrator of the county where the
17 decedent resided. Where moneys or property have been unlawfully obtained
18 or stolen or embezzled or are the proceeds of crime or derived through
19 crime or derived through the conversion of unlawfully acquired property
20 or money or derived through the use or sale of property prohibited by
21 law from being held, used or sold, or have been used as a means of
22 committing crime or employed in aid or in furtherance of crime or held,
23 used or sold in violation of law, or are the proceeds of or derived
24 through bookmaking, policy, common gambling, keeping a gambling place or
25 device, or any other form of illegal gambling activity or have been
26 employed in or in connection with or in furtherance of any such gambling
27 activity, a person who so obtained, received or derived any such moneys
28 or property, or who so used, employed, sold or held any such moneys or
29 property or permitted or suffered the same to be used, employed, sold or
30 held, or who was a participant or accomplice in any such act, or a
31 person who derives his or her claim in any manner from or through any
32 such person, shall not be deemed to be the lawful claimant entitled to
33 any such moneys or property except that as concerns any vehicle taken
34 into custody in the manner provided for in subdivision b of section
35 20-519 of the code, the authorized tow company shall receive from the
36 department the cost of towing and storage as provided under subdivision
37 c of section 20-519.
38 S 3. This act shall take effect immediately.
