S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2963
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2009
                                      ___________
       Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON,
         MONSERRATE, MONTGOMERY, SAMPSON, SERRANO --  read  twice  and  ordered
         printed,  and  when printed to be committed to the Committee on Trans-
         portation
       AN ACT to amend the vehicle and traffic law, in relation to affixing the
         designation "qualified hybrid vehicle" and  the  estimated  miles  per
         gallon  of  such  vehicle  as calculated by the United States environ-
         mental protection agency onto all car registration forms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 125-b to read as follows:
    3    S 125-B. QUALIFIED HYBRID VEHICLE. A QUALIFIED  HYBRID  VEHICLE  IS  A
    4  MOTOR  VEHICLE  AS  DEFINED  IN  SECTION ONE HUNDRED TWENTY-FIVE OF THIS
    5  ARTICLE, OTHER THAN AN ELECTRIC VEHICLE, THAT  DRAWS  PROPULSION  ENERGY
    6  FROM  BOTH  AN  INTERNAL  COMBUSTION  ENGINE  (OR  HEAT ENGINE THAT USES
    7  COMBUSTIVE FUEL) AND AN ENERGY STORAGE DEVICE, AND EMPLOYS  A  REGENERA-
    8  TIVE  VEHICLE  BRAKING  SYSTEM THAT RECOVERS WASTE ENERGY TO CHARGE SUCH
    9  ENERGY STORAGE DEVICE.
   10    S 2. Subparagraphs (e) and (f) of paragraph  b  of  subdivision  1  of
   11  section 401 of the vehicle and traffic law, as amended by chapter 222 of
   12  the laws of 1996, are amended to read as follows:
   13    (e)  provided,  that,  if such motor vehicle is an altered livery, the
   14  applicant shall so furnish a certified copy of the length of the  center
   15  panel  of  such  vehicle, provided, however, that the commissioner shall
   16  require such proof, as [he] SUCH COMMISSIONER may  determine  is  neces-
   17  sary,  in  the application for registration and provided further, if the
   18  center panel of such vehicle exceeds one hundred inches, the commission-
   19  er shall require proof that such  vehicle  is  in  compliance  with  all
   20  applicable  federal  and state motor vehicle safety standards; [and] (f)
   21  PROVIDED, THAT, IF SUCH MOTOR VEHICLE IS A "QUALIFIED HYBRID VEHICLE" AS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02727-01-9
       S. 2963                             2
    1  DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE-B OF THIS CHAPTER, THE APPLI-
    2  CANT SHALL FURNISH PROOF TO THE COMMISSIONER,  IN  THE  APPLICATION  FOR
    3  REGISTRATION,  OR  OTHERWISE,  OF THE MAKE, MODEL AND MODEL YEAR OF SUCH
    4  APPLICANT'S MOTOR VEHICLE. IF SUCH PROOF HAS BEEN SUBMITTED, SUCH APPLI-
    5  CANT'S  CERTIFICATE  OF REGISTRATION SHALL CONTAIN A DISTINGUISHING MARK
    6  WHICH SHALL DESIGNATE SUCH APPLICANT'S MOTOR  VEHICLE  AS  A  "QUALIFIED
    7  HYBRID  VEHICLE,"  AND  SHALL  ALSO  DISPLAY SUCH MOTOR VEHICLE'S UNITED
    8  STATES ENVIRONMENTAL PROTECTION AGENCY HIGHWAY FUEL  ECONOMY  RATING  OF
    9  FORTY-FIVE  MILES PER GALLON OR MORE. THE COMMISSIONER IS HEREBY AUTHOR-
   10  IZED TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
   11  TATION OF THE PROVISIONS OF THIS SUBPARAGRAPH; AND (G)  such  additional
   12  facts or evidence as the commissioner may require in connection with the
   13  application for registration.
   14    S  3.  Paragraph  a of subdivision 3 of section 401 of the vehicle and
   15  traffic law, as amended by section 1 of part B of chapter 62 of the laws
   16  of 2003, is amended to read as follows:
   17    a. Upon filing of such application and the payment of the fee  herein-
   18  after  provided,  the  commissioner shall assign to such motor vehicle a
   19  distinctive number and, without expense  to  the  applicant,  issue  and
   20  deliver  in  such  manner  as the commissioner may select to the owner a
   21  certificate of registration, in such  form  as  the  commissioner  shall
   22  prescribe[,].  SUCH  CERTIFICATE OF REGISTRATION SHALL CONTAIN A DISTIN-
   23  GUISHING MARK WHICH SHALL DESIGNATE SUCH MOTOR VEHICLE AS  A  "QUALIFIED
   24  HYBRID  VEHICLE" AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE-B OF THIS
   25  CHAPTER, PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH B OF SUBDIVISION  ONE
   26  OF  THIS SECTION, AND SHALL CONTAIN ADEQUATE SPACE UPON WHICH SUCH MOTOR
   27  VEHICLE'S UNITED STATES ENVIRONMENTAL  PROTECTION  AGENCY  HIGHWAY  FUEL
   28  ECONOMY  RATING  OF  FORTY-FIVE  MILES  PER  GALLON  OR  MORE  SHALL  BE
   29  DISPLAYED. THE COMMISSIONER SHALL ALSO  ISSUE  and  DELIVER  two  number
   30  plates at a place within the state of New York named by the applicant in
   31  his  application.    A number plate, within the meaning of this chapter,
   32  may, in the discretion of the commissioner, be a plate  of  a  permanent
   33  nature,  treated with reflectorized material according to specifications
   34  prescribed by the commissioner, and with a date  tag  attached  to  such
   35  plate or to the vehicle as prescribed by regulations of the commissioner
   36  indicating  the  validity  of  the plate during a certain period and the
   37  issuance of such a number plate with such date tag to a person  possess-
   38  ing  such a number plate shall be deemed the issuance of a number plate.
   39  An additional fee, not to exceed fifteen dollars, shall be paid  to  the
   40  commissioner whenever a set of reflectorized number plates is issued for
   41  any  vehicle  for  which  a  registration fee is normally charged except
   42  that, with respect to any number plate which is  specifically  requested
   43  by  the  applicant,  such  fee  shall  be  paid to the commissioner upon
   44  approval of such request. In  the  event  of  the  loss,  mutilation  or
   45  destruction  of any certificate of registration, any number plate or set
   46  of number plates whether with or without a date tag or tags, or any date
   47  tag or set of date tags provided for in this article,  the  owner  of  a
   48  registered  motor vehicle may file such statement and proof of the facts
   49  as the commissioner shall require, with a fee of three dollars,  in  the
   50  office  of the commissioner, or, unless and until the commissioner shall
   51  otherwise direct, in the office of the agent who issued the certificate,
   52  plate, plates, tag or tags and the commissioner or  his  agent,  as  the
   53  case may be, shall issue a duplicate or substitute. It shall be the duty
   54  of  every  owner  holding  a  certificate  of registration to notify the
   55  commissioner in writing of any change of residence of such person within
   56  ten days after such change occurs, and to inscribe on such  certificate,
       S. 2963                             3
    1  in  the  place  provided by the commissioner, a record of such change of
    2  residence.
    3    S 4. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law.