New York State Assembly

 
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A08214 Summary:

A08214 Actions:

A08214 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:01/14/2020AYE/NAY:24/0  Action: Favorable refer to committee Ways and Means        
Magnarelli
Aye
McDonough
Aye
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Excused
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
Darling
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:01/14/2020AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Excused
Fitzpatrick
Aye
Gantt
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Montesano
Aye
Pretlow
Aye
Blankenbush
Aye
Perry
Aye
Palmesano
Aye
Colton
Aye
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

A08214 Floor Votes:

A08214 Memo:

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



 
BILL NUMBER: A8214B
 
SPONSOR: Santabarbara

 
TITLE OF BILL:
 
An act to amend the transportation law, in relation to requiring the
commissioner of transportation to establish methods of reporting safety
issues with stretch limousines
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To establish mechanisms to report stretch limousine safety issues.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one of the bill requires the Department of Transportation (DOT),
in consultation and cooperation with the Department of Motor Vehicles
(DMV), to establish, maintain, monitor and publicize a toll-free hotline
operated and maintained by DMV for purposes of reporting safety issues
with stretch limousines. Upon the establishment of such hotline, the
bill requires DOT and DMV to require the posting of a notice within
stretch limo alerting the public of the hotline and DOT's Safe Limo New
York website. DOT and DMV are authorized to investigate received reports
and, where verified, to consider the information in enforcement actions
and in setting priorities for enforcement activities. The bill also
requires DOT and DMV to submit annual reports on safety issues received.
 
Section two provides the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
  The amendment clarifies the reporting mechanisms.
 
 
JUSTIFICATION:
 
One  of  the tragedies of the Schoharie 'limousine crash from October 6,
2018 came from reporting that many  of  the  vehicle's  passengers  were
communicating  numerous  potential  safety issues with their friends and
family members who were outside of the vehicle. Unfortunately, there was
not a simple way for these reports of potential vehicle  defects  to  be
communicated  to  the governmental bodies with regulatory authority over
the vehicles so they would be aware.
 
Further, a number of limousine owners and  operators  have  communicated
their  concerns  about bad actors that fail or refuse to comply with DOT
laws and inspection requirements, their inability  to  report  instances
where  they  knew  vehicles  were operating unlawfully, and the need for
improved communication between agency regulators.
 
This legislation seeks to  address  this  information  gap  by  allowing
customers  and  other  observers to contact the DOT and DMV if there are
substantiated issues with a stretch limousine.
 
 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
To be determined.
 
EFFECTIVE DATE:
This  act  shall  take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and  completed  on  or  before  such
effective date.

A08214 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8214--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 7, 2019
                                       ___________
 
        Introduced  by M. of A. SANTABARBARA, ASHBY -- read once and referred to
          the Committee on Transportation -- recommitted  to  the  Committee  on
          Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the transportation law, in  relation  to  requiring  the
          commissioner of transportation to establish methods of reporting safe-
          ty issues with stretch limousines
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 138 of the transportation law is amended by  adding
     2  a new subdivision 10 to read as follows:
     3    10. (a) In consultation and cooperation with the commissioner of motor
     4  vehicles,  to  establish,  maintain,  monitor, and publicize a toll-free
     5  hotline operated and maintained by  the  department  of  motor  vehicles
     6  through  which  any  person  may report safety issues with altered motor
     7  vehicles commonly referred to as "stretch limousines" having  a  seating
     8  capacity  of  nine or more passengers, including the driver, used in the
     9  business of transporting passengers for compensation.   Upon the  estab-
    10  lishment of such toll-free hotline, the commissioner and the commission-
    11  er  of  motor  vehicles  shall  require every such altered motor vehicle
    12  registered in this state to have posted therein a notice  providing  the
    13  department  of  transportation's  safe limo New York website address and
    14  toll-free hotline number, in a form and manner approved by  the  commis-
    15  sioner  of motor vehicles. Such notice shall be posted in a manner legi-
    16  ble and conspicuous to passengers  in  all  seating  positions  of  such
    17  altered  motor  vehicles. For the purposes of this subdivision, the term
    18  "safety issues" shall include, but not be limited  to,  the  operational
    19  condition  and  functioning of such altered motor vehicle, motor vehicle
    20  safety equipment  availability  and  condition,  altered  motor  vehicle
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11846-06-0
        A. 8214--B                          2
 
     1  inspection  and  registration, issues related to certificates or permits
     2  issued to such altered motor vehicles for the transportation of  passen-
     3  gers  by  the  United States department of transportation or the commis-
     4  sioner,  and alleged violations of article nineteen, article nineteen-A,
     5  or title VII of the vehicle and traffic law by a person  during  his  or
     6  her operation of such an altered motor vehicle.
     7    (b) (i) The commissioner may investigate reports received through such
     8  website, and toll-free hotline related to the provisions of this article
     9  or  article  seven of this chapter and, where the commissioner has veri-
    10  fied such information, may consider such  verified  information  in  the
    11  enforcement  of such articles, and in setting priorities for enforcement
    12  activities.
    13    (ii) The  commissioner  of  motor  vehicles  may  investigate  reports
    14  received   by  such  website,  and  toll-free  hotline  related  to  the
    15  provisions of article five, section three hundred eighty-three,  article
    16  fourteen,  article  nineteen,  article  nineteen-A, and title VII of the
    17  vehicle and traffic law and, where substantiated by  such  commissioner,
    18  may  consider such substantiated information in the enforcement of arti-
    19  cles five, fourteen, and nineteen-A and section  three  hundred  eighty-
    20  three of such law, and in setting priorities for enforcement activities.
    21    (iii)  In  consultation and cooperation with the commissioner of motor
    22  vehicles, the commissioner shall report on  safety  issues  reported  to
    23  such website, and toll-free hotline and related investigations summariz-
    24  ing  (A)  the total number of safety issue reports received and the type
    25  of safety issues reported; (B) the total number of safety issue  reports
    26  received  and  the type of safety issues reported where the commissioner
    27  or the commissioner of  motor  vehicles,  as  applicable,  verified  the
    28  information  provided; (C) enforcement actions and other responses taken
    29  by the commissioner or the commissioner of motor vehicles,  as  applica-
    30  ble,  to  safety  issue  reports  received where the commissioner or the
    31  commissioner of motor vehicles, as applicable, has verified such  infor-
    32  mation;  and  (D) the length of time between the receipt of safety issue
    33  reports from such website, or hotline and enforcement  action  or  other
    34  response  by  the commissioner or the commissioner of motor vehicles, as
    35  applicable.  Such report shall be made publicly available on the depart-
    36  ment's website in a searchable format, and shall be  published  no  less
    37  than  once annually. Such report may also be included within the depart-
    38  ment's annual report  submitted  pursuant  to  subdivision  thirteen  of
    39  section fourteen of this chapter.
    40    §  2. This act shall take effect one year after it shall have become a
    41  law. Effective immediately, the addition, amendment and/or repeal of any
    42  rule or regulation necessary for the implementation of this act  on  its
    43  effective date are authorized to be made and completed on or before such
    44  effective date.

A08214 LFIN:

 
NO LFIN

A08214 Chamber Video/Transcript: