New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A08172 Summary:

A08172 Actions:

A08172 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:06/14/2019AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Excused
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Aye
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/17/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Excused

Committee:CODES   Chair:Lentol      
DATE:06/17/2019AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Absent
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Absent
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A08172 Floor Votes:

A08172 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8172B
 
SPONSOR: Santabarbara

 
TITLE OF BILL:
 
An act to amend the vehicle and traffic law, in relation to penalties
for U-turn violations committed by operators of stretch limousines
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To increase penalties illegal U-turns committed by stretch limousines.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 amends a Vehicle and Traffic Law provision prohibiting drivers
of stretch limousines having a seating capacity of ten or more passen-
gers including the driver from making a U-turn on any public highway or
private road open to public motor vehicle traffic, by changing the
passenger capacity to nine or more passengers including the driver, and
increasing penalties for violations.  Persons convicted of a first
violation would be punished by a $250 - $400 fine and/or up to fifteen
days imprisonment. Second or subsequent convictions within eighteen
months would be subject to a $600 - $750 fine and/or up to forty-five
days imprisonment. A violation where the violator is operating a stretch
limousine while carrying at least one passenger other than the driver
would be subject to a $750 - $1,000 fine and/or up to one hundred eighty
days imprisonment.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
The amendment would adjust the passenger seating capacity to nine or
more passengers including the driver.
 
 
JUSTIFICATION:
 
The Cutchogue tragedy - which resulted largely from a stretch limousine
committing an illegal U-turn - and subsequent special grand jury report
convened by Suffolk County highlighted the difficulty that employers
face in ensuring that large passenger motor vehicle operators comply
with the traffic laws. Grand jury witnesses testified that they provided
training and prohibited their employees from making U-turns, only to see
those proscriptions ignored.  Under current law, the fines for illegally
making a U-turn in a stretch limousine are a maximum $150 fine for a
first violation, a maximum $300 fine for a second violation within eigh-
teen months, and a maximum $450 fine for third and subsequent violations
within eighteen months. The authorized term of imprisonment for an
offender who violates this law three or more times within eighteen
months is a maximum of ninety days. Under this legislation, fines for
committing an illegal U-turn in a stretch limousine are raised signif-
icantly, and the maximum term of imprisonment for a first-time violator
would increase from fifteen to one hundred eighty days if passengers are
present at the time of the violation.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law;
provided, however that if part 11:1 of chapter 59 of the laws of 2019
shall not have taken effect on or before such date, then section one of
this act shall take effect on the same date and in the same manner as
such part of chapter 59 of the laws of 2019 takes effect.

A08172 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8172--B
                                                                Cal. No. 316
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 5, 2019
                                       ___________
 
        Introduced  by  M. of A. SANTABARBARA, GRIFFIN -- read once and referred
          to the Committee  on  Transportation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- ordered to a third  reading,  amended  and  ordered  reprinted,
          retaining its place on the order of third reading
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to penalties
          for U-turn violations committed by operators of stretch limousines
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  c of section 1161 of the vehicle and traffic
     2  law, as added by section 14 of part III of chapter 59  of  the  laws  of
     3  2019, is amended to read as follows:
     4    c.  No altered motor vehicle commonly referred to as a "stretch limou-
     5  sine" having a seating capacity of [ten] nine or more passengers includ-
     6  ing the driver shall make a U-turn upon any public  highway  or  private
     7  road  open  to public motor vehicle traffic. Every person convicted of a
     8  violation of this subdivision shall: for a first conviction thereof,  be
     9  punished  by  a fine of not less than two hundred fifty dollars nor more
    10  than four hundred dollars or by imprisonment for not more  than  fifteen
    11  days or by both such fine and imprisonment; for a conviction of a second
    12  or subsequent violation, both of which were committed within a period of
    13  eighteen  months,  such  person  shall be punished by a fine of not less
    14  than six hundred dollars nor more than seven hundred fifty dollars or by
    15  imprisonment for not more than forty-five days or by both such fine  and
    16  imprisonment.  A  violation  of this subdivision wherein the violator is
    17  operating such altered motor vehicle and such altered motor  vehicle  is
    18  carrying  at least one passenger other than the driver shall be punisha-
    19  ble by a fine of not less than seven hundred fifty dollars nor more than
    20  one thousand dollars or by imprisonment for not more  than  one  hundred
    21  eighty days or by both such fine and imprisonment.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11412-16-9
        A. 8172--B                          2
 
     1    §  2. This act shall take effect one year after it shall have become a
     2  law; provided, however that if part III of chapter 59  of  the  laws  of
     3  2019  shall  not  have taken effect on or before such date, then section
     4  one of this act shall take effect on the  same  date  and  in  the  same
     5  manner as such part of chapter 59 of the laws of 2019 takes effect.

A08172 LFIN:

 
NO LFIN

A08172 Chamber Video/Transcript: