Requires the commissioner of correctional services to provide notice by certified mail, at least 24 months prior to a correctional facility's closure, to certain local governments, employee labor organizations and employees employed within such correctional facility.
TITLE OF BILL: An act to amend the highway law, in relation to requiring the development of a program addressing the problem of wrong way drivers on New York interstate highways
PURPOSE: To amend a current anomaly in the vehicle and traffic law and provide for the enforcement of operating a motor vehicle with a suspended license in a parking lot.
SUMMARY OF PROVISIONS: This bill amends Section 511 of the Vehicle and Traffic Law by striking the stipulation, "upon a public highway" from paragraph (a) of subdivision 1 of Section 511. It also adds a new subdivision 8 which makes enforcement of the operation of a motor vehicle while a license is suspended or revoked an enforceable offense when such motor vehicle operation takes place on private roads open to motor vehicle traffic or a parking lot A parking lot is defined as any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles.
JUSTIFICATION: Currently, the "parking lot as a public highway" interpretation of the vehicle and traffic law is only applicable to
Section 1192 of the Vehicle and Traffic Law, which pertains to DWI related offenses. This means that a driver with a suspended license could become involved in a serious accident in a parking lot, yet face no legal ramifications for their actions.
LEGISLATIVE HISTORY: 1999-2008: Passed Senate; 2009-10: Senate Transportation Committee; 2011-12: Passed Senate.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1500 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to the closure of correctional facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 79-a of the correction law, as amended by section 1 of part H of chapter 56 of the laws of 2009, is amended to read as follows: 3. provide notice by certified mail to (i) all local governments of any political subdivision in which the correctional facility is located, (ii) all employee labor organizations operating within, or representing employees of, the correctional facility, and (iii) managerial and confi- dential employees employed within the correctional facility at least
[twelve]TWENTY-FOUR months prior to any such closure. S 2. Section 79-b of the correction law, as amended by section 1 of part MM of chapter 56 of the laws of 2010, is amended to read as follows: S 79-b. Adaptive reuse plan for consideration prior to prison closure. [Not later than six months prior to the effective date of closure of a correctional facility, the]THE commissioner of economic development shall, in consultation with the commissioner, the commissioners of civil service, general services and the division of criminal justice services, the director of the governor's office of employee relations, officials of all local governments of any political subdivision in which the correctional facility is located and any other appropriate state agen- cies or authorities, provide AT THE TIME THE NOTICE OF CLOSURE OF A CORRECTIONAL FACILITY IS PROVIDED IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION SEVENTY-NINE-A OF THIS ARTICLE, a report for an adaptive reuse plan for any facility slated for closure which will evaluate theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05134-01-1 S. 1500 2
community impact of the proposed closure including but not limited to the following factors: the potential to utilize the property for another state government purpose, including for a new purpose as part of the state criminal justice system; potential for the sale or transfer of the property to a local government or other governmental entity; potential for the sale of the property to a private entity for development into a business, residential or other purpose; community input for local devel- opment; and the condition of the facility and the investments required to keep the structure in good repair, or to make it viable for reuse. S 3. This act shall take effect immediately and shall apply to any notice provided pursuant to subdivision 3 of section 79-a of the correction law, as amended by section one of this act, on or after Janu- ary 1, 2011.