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S2773B

An act to amend the Administrative Code of the City of New York (prohibiting sale of ATVs and off-highway motorcycles in New York City) — 2024-03-26 · Calendar #305

The New York State Senate passed legislation Tuesday prohibiting the sale of ATVs and off-highway motorcycles in New York City, advancing a bill sponsored by Sen. Liza Krueger to combat illegal street racing and robberies involving the vehicles. The measure passed 42-19 on a party-line vote, with all 19 nays coming from Republican senators. Krueger argued that while operating the vehicles is already illegal in the city, allowing their sale makes no sense and restricting sales will reduce their availability for illegal use. "They're there all the time, sometimes 50 to 75 of them at a time," she said, describing groups racing ATVs and off-highway motorcycles on Manhattan avenues while robbing people. The bill creates civil penalties for anyone—including private individuals—who sells these vehicles in the city. Republican opponents, led by Sen. Borrello and Sen. Rolison, argued the bill targets the wrong problem. "It's not the machines. It's the people operating the machines," Borrello said, calling for increased criminal penalties for illegal operation instead. Rolison, a former Poughkeepsie mayor, noted that most ATVs are not purchased through retail establishments and questioned whether the bill would actually reduce illegal use. Sen. Tedisco raised concerns about lost sales tax revenue and the lack of data on how many businesses sell these vehicles. The bill also faced a procedural challenge when Sen. Lanza proposed an amendment to repeal congestion pricing, arguing it was germane to vehicle regulation. Acting President Mayer ruled the amendment nongermane, and Lanza's appeal of that ruling failed on a show of hands vote of 20-0.
PASSED Ayes: 42 · Nays: 19

Debate Summary

The bill prohibits the sale of ATVs and off-highway motorcycles in New York City to address the problem of illegal street racing and robberies involving these vehicles. Supporters argue the vehicles are already illegal to operate in the city and restricting sales will reduce their availability. Opponents contend the bill targets the wrong problem—the machines themselves rather than the people operating them illegally—and argue for increased criminal penalties instead. Questions were raised about enforcement mechanisms, impact on private sales, lost sales tax revenue, and whether the bill adequately addresses the root cause of illegal ATV use.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Scarcella-Spanton nay Democrat
Stec nay Republican
Tedisco nay Republican
Weik nay Republican

Amendments

Sponsor Description Outcome
Sen. Lanza Amendment to repeal congestion pricing in New York City, arguing it is germane because the bill deals with preventing vehicles from being ridden and sold in the city, similar to congestion pricing's regulation of vehicles in Manhattan. defeated

An act to amend the Administrative Code of the City of New York — 2023-06-07 · Calendar #1670

The New York State Senate passed S2773B, sponsored by Sen. Krueger, an act to amend the Administrative Code of the City of New York. The bill received 43 votes in favor and 18 votes in opposition. Voting against the measure were Sens. Ashby, Borrello, Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Murray, Oberacker, Ortt, Rhoads, Rolison, Stec, Tedisco, Walczyk and Weik. The legislation is set to take effect on January 1.
PASSED Ayes: 43 · Nays: 18

Debate Summary

No debate is recorded in this transcript segment. The bill proceeded directly to a roll call vote.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
Oberacker nay Republican
Ortt nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weik nay Republican