S667B-2011 Actions

• Apr 4, 2012: PRINT NUMBER 667B
• Apr 4, 2012: AMEND AND RECOMMIT TO RULES
• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO JUDICIARY
• Dec 14, 2011: PRINT NUMBER 667A
• Dec 14, 2011: AMEND AND RECOMMIT TO JUDICIARY
• Jan 5, 2011: REFERRED TO JUDICIARY

S667B-2011 Memo

BILL NUMBER:S667

TITLE OF BILL:

An act
to amend the administrative code of the city of New York, in relation to
prohibiting the operation of horse drawn cabs in the city of New York;
and repealing certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

The legislation will prohibit the operation of horse drawn cabs in the
city of New York.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision (c), (g) and (i) of section
17-326 of the administrative code of the city of New York by
deleting the provisions which refer to rental horse business
involving horse drawn carriages.

Section 2 of the bill amends the administrative code of the city of
New York by adding a new section 17-326.1 which states that it shall
be unlawful to offer rides to the public on a vehicle drawn or pulled
by a carriage horse.

Section 3 of the bill amends subdivisions a and d of section 17-327 of
the administrative code of the city of New York, subdivision d as
amended by local law number 22 of the city of New York by removing
language which allows for the operation of horse drawn vehicles for
hire such as horse drawn cabs.

Section 4 of the bill amends section 17-329 of the administrative code
in relation to the disposition of licensed horses requiring the
notification of the disposition within 5 days and removes language
which made this applicable solely to sales within New York city. It
also adds a new subdivision to this section setting forth the
definition of sold or disposed in a humane manner.

Section 5 of the bill amends subdivisions g, h and l of section 17-330
of the administrative code of the city of New York, subdivisions g
and l as amended by local law number 10 of the city of New York for
the year 2010, and subdivision h as added by local law number 2 of
the city of New York for the year 1994, by removing language which
refers to the operation of horse drawn cabs or carriage horses.

Section 6 of the bill repeals subdivisions o and p of section 17-330
of the administrative code of the city of New York.

Section 7 of the bill amends paragraph 1 of subdivision a of section
17-331 of the administrative code of the city of New York by removing
language referring to the operation of carriage horses.

Sections 8 through 10 of the bill repeal subdivision a of section
17-334, sections 19-174, 19-175 and 20-371 of the administrative code
of the City of New York.

Sections 11 and 12 of the bill amends section 20-371 and subdivisions
1 and 3 of section 20-372 of the administrative code of the city of
New York, as amended by local law number 31 of the city of New York
for the year 1995, by removing language referring to the operation of
horse drawn cabs.

Section 13 of the bill repeals subdivisions 5, 6, 7 and 8 of section
20-372 of the administrative code of the city of New York and
renumbers remaining subdivisions.

Section 14 of the bill amends subdivisions a and b of section 20-373
of the administrative code of the city of New York by removing
language referring to the operation of horse drawn cabs.

Section 15 of the bill repeals subdivisions c and d of section 20-373
of the administrative code of the city of New York

Section 16 of the bill amends subdivisions a and b of section 20-374
of the administrative of the city of New York by removing language
referring to the operation of horse drawn cabs.

Section 17 of the bill repeals subdivisions c of section 20-374 of the
administrative code of the city of New York.

Section 18 of the bill amends section 20-375 of the administrative
code of the city of New York, as amended by local law number 2 of the
city of New York for the year 1994 by removing language referring to
the operation of horse drawn cabs.

Section 19 of the bill repeals sections 20-377 and 20-377.1 of the
administrative code of the city of New York.

Sections 20 and 21 of the bill amend sections 20-378 and 20-379 of the
administrative code of the city of New York by removing language
referring to the operation of horse drawn cabs.

Section 22 of the bill repeals sections 20-380, 20-381, 20-381.1,
20-381.2 and 20-382 of the administrative code of the city of New York.

Section 23 of the bill amends section 20-383 of the administrative
code of the city of New York, as amended by local law number 2 of the
city of New York for the year 1994, the section number, the section
heading and subdivision a as amended by local law number 41 of the

city of New York for the year 2005 by renumbering and removing
language referring to the operation of horse drawn cabs.

Section 24 provides for this act to take effect on the one hundred and
eightieth day after is shall have become a law.

JUSTIFICATION:

Prior to 1993, the Administrative Code permitted the operation of
horse drawn cabs solely in the confines of Central Park and the
immediate adjacent streets. Following the "sunsetting" of these laws,
the Administrative Code was amended to allow the operation of horse
drawn cabs in vast sections of the already congested midtown
Manhattan area. These new code sections contained numerous
subparagraphs setting up differing restrictions depending upon the
days of the week and the specific locations for operation.

As a result of these amendments in 1994, major safety hazards have
been created in an area of the city where there are already numerous
traffic safety problems given the abundance of pedestrians, cars,
taxis, buses, bikers and emergency vehicles. In addition, given the
complexity of the statute itself, enforcement has become inconsistent
at best.

Since opening up these midtown streets to the horse drawn cabs,
numerous accidents have occurred posing grave danger to the animals,
passenger's, motorists and pedestrians. In September 2009 a carriage
driver was seriously injured after a taxi on Fifth Avenue collided
with a horse carriage in the middle of the afternoon. The taxi
crashed into a wall and the horse and carriage careened around a
corner and ultimately stopped but only after the driver suffered
serious injuries and was taken away by ambulance and hospitalized.
Two years prior in September 2007 a 12 year old horse was spooked by
a loud noise while left unattended and she bolted away became
entangled in the carriage wheel as she crashed into a tree. The horse
went into shock and died at the scene. Prior to this at least 6 other
accidents involving horse carriages occurred following another horse
fatality in January 2006 where a horse pulling a carriage became
startled and galloped down 9th Avenue for several blocks and collided
with a vehicle. This resulted in the ultimate death of the horse and
serious injury to the driver of the carriage. Unfortunately, this has
become an all too familiar scenario in the streets of midtown
Manhattan and something must finally be done to prevent these
situations from occurring.

PRIOR LEGISLATIVE HISTORY:

2011-12, S.5013/A7748 (Rosenthal)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred and eightieth day after
is shall have become a law.

S667B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 667--B
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
 printed to be committed to the Committee  on  Judiciary  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to  said  committee  --  recommitted  to the Committee on Judiciary in
 accordance with Senate Rule 6, sec. 8 -- committee discharged and said
 bill committed to the Committee on Rules -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said  commit
 tee
 

AN ACT to amend the real property law, in relation to the recording of a
 transfer or assignment of a mortgage interest
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  The real property law is amended by adding a  new  section
 291-j to read as follows:

 

S 291-J. RECORDING OF TRANSFERS AND ASSIGNMENTS OF MORTGAGES; MORTGAGE
 OWNERSHIP  ASSIGNMENT  DOCUMENT. 1. A RECORDING OFFICER SHALL NOT RECORD
 OR ACCEPT FOR RECORDING ANY MORTGAGE OR ASSIGNMENT OF MORTGAGE MADE BY A
 NON-NATURAL PERSON AFFECTING LAND IN THIS STATE UNLESS ACCOMPANIED BY  A
 MORTGAGE  OWNERSHIP  ASSIGNMENT  DOCUMENT  IN  A FORM PRESCRIBED BY THIS
 SECTION AND THE FEE PRESCRIBED PURSUANT TO SECTION EIGHT THOUSAND  TWEN
 TY-ONE  OF THE CIVIL PRACTICE LAW AND RULES. SUCH FORM SHALL BE RECORDED
 NO LATER THAN NINETY DAYS AFTER THE DATE OF THE ACKNOWLEDGMENT OR  PROOF
 OF SUCH INSTRUMENT.
 2.  THE FORM OF THE MORTGAGE OWNERSHIP ASSIGNMENT DOCUMENT SHALL BE AS
 FOLLOWS:

 MORTGAGE OWNERSHIP ASSIGNMENT DOCUMENT
 NAME OF MORTGAGEE OR ASSIGNEE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03130-05-2
 
       S. 667--B                           2
 
 ADDRESS:

 
 PHONE NUMBER:

 
 DATE THAT MORTGAGE OR ASSIGNMENT WAS ACKNOWLEDGED OR PROVED:

 
 AUTHORIZED REPRESENTATIVE OF MORTGAGEE OR ASSIGNEE:

 
 3.  FAILURE  TO  RECORD A MORTGAGE OR ASSIGNMENT OF MORTGAGE MADE BY A
 NON-NATURAL PERSON AFFECTING LAND IN THIS STATE BY THE DATE SPECIFIED IN
 SUBDIVISION ONE OF THIS SECTION, SHALL SUBJECT THE MORTGAGEE OR ASSIGNEE
 WHO FAILS TO COMPLY WITH THIS SECTION TO A CIVIL PENALTY OF TWO  HUNDRED
 FIFTY  DOLLARS.    THE PENALTY SHALL BE ASSESSED BY, AND PAYABLE TO, THE
 RECORDING OFFICER.   PENALTIES COLLECTED PURSUANT  TO  THIS  SUBDIVISION
 SHALL BE USED TO SUPPORT RECORDING OFFICER OPERATIONS.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all  mortgages  or  assignments  of
 mortgages executed on or after such date.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!