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A00471 Summary:

BILL NOA00471C
 
SAME ASSAME AS S00784-B
 
SPONSORMagnarelli
 
COSPNSRDe La Rosa, Dinowitz, Colton, Simon, Vanel, Seawright, Perry
 
MLTSPNSR
 
Amd §§375, 381, 303 & 398-e, V & T L
 
Relates to certain vehicle equipment violations and fines.
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A00471 Actions:

BILL NOA00471C
 
01/06/2021referred to transportation
04/27/2021amend and recommit to transportation
04/27/2021print number 471a
05/20/2021amend (t) and recommit to transportation
05/20/2021print number 471b
05/24/2021reported referred to codes
06/05/2021amend and recommit to codes
06/05/2021print number 471c
06/09/2021reported referred to rules
06/09/2021reported
06/09/2021rules report cal.697
06/09/2021ordered to third reading rules cal.697
06/10/2021substituted by s784b
 S00784 AMEND=B GOUNARDES
 01/06/2021REFERRED TO TRANSPORTATION
 04/06/2021AMEND AND RECOMMIT TO TRANSPORTATION
 04/06/2021PRINT NUMBER 784A
 04/26/2021REPORTED AND COMMITTED TO FINANCE
 05/04/20211ST REPORT CAL.896
 05/05/20212ND REPORT CAL.
 05/10/2021ADVANCED TO THIRD READING
 06/07/2021AMENDED ON THIRD READING 784B
 06/10/2021PASSED SENATE
 06/10/2021DELIVERED TO ASSEMBLY
 06/10/2021referred to codes
 06/10/2021substituted for a471c
 06/10/2021ordered to third reading rules cal.697
 06/10/2021passed assembly
 06/10/2021returned to senate
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A00471 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A471C
 
SPONSOR: Magnarelli
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to certain equipment violations and fines   PURPOSE OR GENERAL IDEA OF BILL: Increase enforcement against motorists and repair shops that illegally modify mufflers and exhausts systems to make them excessively noisy for motor vehicles and motorcycles.   SUMMARY OF PROVISIONS: Section one of this bill amends subdivisions 31 and 32 of Vehicle Traf- fic Law § 375 to make it illegal to manufacture, distribute, sell, or offer for sale a cut-out, bypass or similar device for the muffler or exhaust system of a motor vehicle, or, for compensation, equip or install a cut-out, bypass or similar device on the muffler or exhaust system of a motor vehicle. The fine for a violation would be up to $1000. Section two of the bill amends subdivision 13 of section 381 of the vehicle and traffic law to raise the fine to $500 for a violation of the law prohibiting operating a motorcycle with altered exhaust systems. Section three of the bill amends Subdivision (e) of section 303 of the vehicle and traffic law to authorize the Commissioner of Transportation to suspend or revoke the certificate of inspection stations upon a third or subsequent willful violation, all within a period of eighteen months, of any rule or regulation of the commissioner requiring an inspection station to inspect the muffler or exhaust system of a motorcycle as set forth in subdivision (c) of section 79.28 of title 15 of the codes, rules and regulations of the state of New York. Section four of the bill amends Paragraphs (j) and (k) of subdivision 1 of § 398-e of the vehicle and traffic law to authorize the Commissioner of Transportation to suspend or revoke the operating certificate of repair shops that willfully violate paragraph (b) of subdivision thir- ty-one, subdivision thirty-one-a or subdivision thirty-one-b of section three hundred seventy-five of this chapter. Section five establishes the effective date.   JUSTIFICATION: An increasing number of car and motorcycle enthusiasts are making modifications to the muffler and exhaust systems of vehicles, in order to increase the noise and pollution levels emitted. This trend is lead- ing to multiple noise complaints, especially from residents in areas where illegal street drag racing takes place. Excessive noise is not simply an annoyance or inconvenience; The World Health Organization has labeled it an "underestimated threat," and in a country where one in four people will suffer from loss of hearing, it represents an undue burden on people that do not have the resources to protect themselves from it. Current law allows for a maximum of a $150 fine for after-market violations to muffler and exhaust systems. Not only is this a relatively small amount when compared to other states, it is also not enough of a deterrent to many who are spending far more money to make modifications to their vehicles. This bill would establish new fines to deter the behavior.   PRIOR LEGISLATIVE HISTORY: 2020: A.11077   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the first of April next succeeding the date on which 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 effective date are authorized to be made and completed on or before such effective date.
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