senate Bill S5521

Relates to docketing of adjudications of violations of laws enforced by the New York city department of consumer affairs

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 27 / May / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 11 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1166
  • 24 / Jun / 2011
    • RECOMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 06 / Jun / 2012
    • 1ST REPORT CAL.1115
  • 11 / Jun / 2012
    • 2ND REPORT CAL.
  • 12 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to docketing of adjudications of violations of laws enforced by the New York city department of consumer affairs.

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Bill Details

See Assembly Version of this Bill:
A8184
Versions:
S5521
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
County Law
Laws Affected:
Amd §918, County L; amd §2203, NYC Chart

Sponsor Memo

BILL NUMBER:S5521

TITLE OF BILL:
An act
to amend the county law and the New York city charter, in relation to
the docketing of adjudications of violations of laws enforced by the New
York city department of consumer affairs

SUMMARY OF PROVISIONS:
The bill would amend the County Law and the New
York City Charter to authorize the docketing of final orders issued
by the Commissioner of Consumer Affairs based upon adjudications by
the Department's administrative tribunal or the office of
administrative trials and hearings. Penalties imposed would be
entered in the civil court and enforced in the same manner as a money
judgment.

REASONS FOR SUPPORT:
DCA's mission is to ensure a fair and vibrant
marketplace for businesses and consumers. Law-abiding businesses and
consumers alike benefit from, and have every reason to expect, a
competitive marketplace, but competition suffers when some businesses
don't play by the rules.

The Department of Consumer Affairs' (DCA) Administrative Tribunal has
the authority to assess fines against businesses that violate the
City's rules that protect a competitive marketplace. Some businesses
readily comply with the law, others come into compliance and pay the
fines, and still others ignore the law entirely. Existing law does
not, however, allow DCA to docket unpaid fines issued by its
Administrative Tribunal as money judgments, without court
proceedings. Currently, fines can be collected only by means of
costly and time-consuming collection efforts and Civil Court
proceedings. As a result, licensees may choose to abandon their
licenses to evade fines, while non-licensees ignore their obligation
to pay. This deprives DCA of the most effective enforcement
mechanism, and the City of much-needed revenue.

By authorizing the Department to directly docket the fines issued by
its Administrative Tribunal, this legislation will give teeth to the
City's laws and rules protecting a competitive and fair marketplace.
Docketing authority will strengthen government's ability to apply
laws equally for all businesses, and streamline the City's efforts to
collect fines that have been duly assessed.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5521

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 27, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the county  law  and  the  New  York  city  charter,  in
  relation  to  the  docketing  of  adjudications  of violations of laws
  enforced by the New York city department of consumer affairs

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

  Section  1.  Subdivision  4 of section 918 of the county law, as sepa-
rately amended by chapters 419 and 473 of the laws of 1988,  is  amended
to read as follows:
  4. Any other laws to the contrary notwithstanding, the county clerk in
each  of  the  counties  within  the  city of New York is authorized and
empowered to maintain separate judgment docket  volumes  containing  the
printed transcript or transcripts, in strict alphabetical order of judg-
ment  made,  entered  and docketed in the civil court of the city of New
York against individuals, corporations, and other entities on behalf  of
the parking violations bureau, the environmental control board, the taxi
and  limousine  commission,  THE  DEPARTMENT OF CONSUMER AFFAIRS and the
commissioner of jurors of the city of New York.  These  volumes  may  be
maintained  in  the  form of computer print outs which shall contain the
date of judgment, the  name  and  address  of  the  judgment  debtor  or
debtors,  the  amount  of  the  judgment and other information which the
county clerk may deem necessary to sufficiently describe the parties  to
the  action  or  proceeding  or nature or the manner of the entry of the
judgment. Provided, however, with respect to judgments on behalf of  the
parking   violations  bureau  the  county  clerk  may,  in  his  OR  HER
discretion, in lieu of such volumes, maintain the aforementioned data in
a micrographic or computer retrievable format.   With respect  to  judg-
ments  on  behalf of the parking violations bureau such volumes or other
format shall be maintained pursuant to this subdivision for  only  those

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11260-01-1

S. 5521                             2

individuals, corporations, and other entities having vehicles registered
in the counties within the city of New York.
  S  2.  Paragraph  2 of subdivision (g) of section 2203 of the New York
city charter, as added by section 15 of question 2 of local  law  number
60  of  the  city  of  New York for the year 2010, is amended to read as
follows:
  (2) All such proceedings shall be commenced by the service of a notice
of violation. The commissioner shall prescribe the form and  wording  of
notices  of  violation.  The  notice  of  violation or copy thereof when
filled in and served shall constitute notice of the  violation  charged,
and, if sworn to or affirmed, shall be prima facie evidence of the facts
contained  therein.    THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION
ADVISING THE PERSON CHARGED OF THE MANNER AND THE  TIME  IN  WHICH  SUCH
PERSON  MAY  EITHER  ADMIT  OR DENY THE VIOLATION CHARGED IN THE NOTICE.
SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN  A  WARNING  TO  ADVISE  THE
PERSON  CHARGED  THAT  FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN
THE NOTICE MAY RESULT IN A DEFAULT  DECISION  AND  ORDER  BEING  ENTERED
AGAINST  SUCH  PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION
SHALL BE FILED AND RETAINED BY THE DEPARTMENT  AND  SHALL  BE  DEEMED  A
RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS.
  S  3. Paragraphs 3 and 4 of subdivision (g) of section 2203 of the New
York city charter are renumbered paragraphs 9 and 10 and six  new  para-
graphs 3, 4, 5, 6, 7 and 8 are added to read as follows:
  (3)  WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
THE RULES OF THE COMMISSIONER OR HAS FAILED TO APPEAR  ON  A  DESIGNATED
HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE
TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION
OF  LIABILITY  AND SHALL BE GROUNDS FOR RENDERING A DEFAULT DECISION AND
ORDER IMPOSING A PENALTY IN THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW  FOR
THE VIOLATION CHARGED.
  (4) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION
WAS  HAD  BY  HEARING  OR  UPON DEFAULT OR OTHERWISE, SHALL CONSTITUTE A
JUDGMENT THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW  YORK
OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE
STATE, AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME  MANNER
AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL ACTIONS. ENTRY OF
A  JUDGMENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT LIMIT THE APPLI-
CATION OF ANY OTHER REMEDIES OR PENALTIES PROVIDED FOR  THE  ENFORCEMENT
OF LAWS OR RULES UNDER THE JURISDICTION OF THE DEPARTMENT.
  (5)  NOTWITHSTANDING  THE FOREGOING PROVISION, BEFORE A JUDGMENT BASED
UPON A DEFAULT MAY BE SO ENTERED THE DEPARTMENT MUST HAVE  NOTIFIED  THE
RESPONDENT  BY  FIRST  CLASS  MAIL  IN SUCH FORM AS THE COMMISSIONER MAY
DIRECT: (I) OF THE DEFAULT DECISION AND ORDER AND THE  PENALTY  IMPOSED;
(II)  THAT  A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF
NEW YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY  OF  CIVIL  JUDGMENTS
WITHIN  THE STATE OF NEW YORK; AND (III) THAT ENTRY OF SUCH JUDGMENT MAY
BE AVOIDED BY REQUESTING A STAY OF DEFAULT  FOR  GOOD  CAUSE  SHOWN  AND
EITHER  REQUESTING A HEARING OR ENTERING A PLEA PURSUANT TO THE RULES OF
THE COMMISSIONER WITHIN THIRTY DAYS OF THE MAILING OF SUCH NOTICE.
  (6) A JUDGMENT ENTERED PURSUANT TO PARAGRAPH FOUR OF THIS  SUBDIVISION
SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  (7)  THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
ANT TO THE PROVISIONS OF PARAGRAPH FOUR OF THIS SUBDIVISION  UNLESS  THE
NOTICE  OF  VIOLATION  SHALL  HAVE  BEEN SERVED IN THE SAME MANNER AS IS
PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE

S. 5521                             3

LAW AND RULES OR ARTICLE THREE OF THE BUSINESS  CORPORATION  LAW  OR  AS
PROVIDED IN PARAGRAPH EIGHT OF THIS SUBDIVISION.
  (8)(I) SERVICE OF A NOTICE OF VIOLATION MAY BE MADE BY DELIVERING SUCH
NOTICE  TO  A PERSON EMPLOYED BY THE RESPONDENT ON OR IN CONNECTION WITH
THE PREMISES WHERE THE VIOLATION OCCURRED OR TO A PERSON EMPLOYED BY THE
RESPONDENT AT THE PREMISES AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE
BUSINESS THE OPERATION OF WHICH GAVE RISE TO THE VIOLATION.
  (II) SERVICE OF A NOTICE OF VIOLATION THAT ALLEGES A  VIOLATION  BY  A
LICENSEE OF ANY LAW OR RULES OF THE COMMISSIONER MAY BE MADE BY DELIVER-
ING  SUCH  NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT AT THE PREMISES
AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE BUSINESS THE OPERATION  OF
WHICH GAVE RISE TO THE VIOLATION.
  (III)  SUCH  NOTICE MAY ONLY BE DELIVERED PURSUANT TO SUBPARAGRAPH (I)
OF THIS PARAGRAPH WHERE A REASONABLE ATTEMPT HAS BEEN  MADE  TO  DELIVER
SUCH  NOTICE  TO A PERSON IN SUCH PREMISES UPON WHOM SERVICE MAY BE MADE
AS PROVIDED FOR BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES  OR
ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
  (IV) WHEN A COPY OF SUCH NOTICE HAS BEEN DELIVERED PURSUANT TO SUBPAR-
AGRAPH  (I)  OR  (II)  OF  THIS PARAGRAPH, A COPY SHALL BE MAILED TO THE
RESPONDENT AT SUCH RESPONDENT'S LAST KNOWN RESIDENCE OR BUSINESS ADDRESS
OR TO AN ADDRESS CONTAINED IN THE FILES OF THE DEPARTMENT  COMPILED  AND
MAINTAINED  FOR  THE PURPOSE OF THE ENFORCEMENT OF THE PROVISIONS OF THE
CHARTER OR ADMINISTRATIVE CODE OR OTHER LAW OVER  WHICH  THE  DEPARTMENT
HAS JURISDICTION.
  (V)  PROOF  OF  SERVICE MADE PURSUANT TO THIS PARAGRAPH SHALL BE FILED
WITH THE COMMISSIONER WITHIN  TWENTY  DAYS  OF  SERVICE  IN  THE  MANNER
PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER SUCH FILING.
  S 4. This act shall take effect immediately.

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