S1500-2011 Actions

• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 7, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1500-2011 Memo

BILL NUMBER:S1500

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.

S1500-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1500
 2011-2012 Regular Sessions
 I N  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  the
 EXPLANATION--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.

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