senate Bill S6727

Signed by Governor Amended

Relates to the production of muni-meter receipts as an affirmative defense to proceedings alleging parking violations

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Bill Status


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

  • 14 / Mar / 2012
    • REFERRED TO TRANSPORTATION
  • 07 / May / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 07 / May / 2012
    • PRINT NUMBER 6727A
  • 04 / Jun / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 04 / Jun / 2012
    • PRINT NUMBER 6727B
  • 12 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1154
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO CODES
  • 18 / Jun / 2012
    • SUBSTITUTED FOR A9353C
  • 18 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.303
  • 18 / Jun / 2012
    • PASSED ASSEMBLY
  • 18 / Jun / 2012
    • RETURNED TO SENATE
  • 21 / Sep / 2012
    • DELIVERED TO GOVERNOR
  • 03 / Oct / 2012
    • SIGNED CHAP.486

Summary

Provides that in any proceeding alleging a muni-meter violation, it shall be an affirmative defense that the person summoned did in fact purchase muni-meter ticket prior to or contemporaneously with the issuance of the summons.

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Bill Details

Versions:
S6727
S6727A
S6727B
Legislative Cycle:
2011-2012
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง241-b, V & T L

Sponsor Memo

BILL NUMBER:S6727

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to
muni-meter receipts

PURPOSE OR GENERAL IDEA OF BILL:
Creates an affirmative defense for
any person being prosecuted for an alleged muni-meter parking
violation in the event the defendant can produce a muni-meter receipt
issued contemporaneously or prior to the issuing of a summons.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the vehicle and traffic law by adding a new section
241-b which creates an affirmative defense for any person facing
prosecution for an alleged muni-meter violation in the event the
defendant can produce a muni-meter receipt issued prior to or up to
five minutes after the issuing of a summons. The section also defines
"muni-meter" for the purposes of the section.

Section 2 sets the effective date.

JUSTIFICATION:
In recent years many municipalities across New York,
including but not limited to New York City and Buffalo, have replaced
conventional parking meters with new electronic parking meters that
dispense timed receipts that must be displayed on the dashboard of a
vehicle. While these new meters offer some convenience by accepting
debit and credit cards in addition to cash they have also created a
new problem for motorists. There have been numerous reported
instances of predatory ticketing practices by traffic agents and
unfair convictions by administrative law judges. One example is in
some cases motorists need to walk down the block to find the nearest
muni-meter, opening a window when a traffic agent can issue a summons
before they even purchase their muni-meter receipt. These
convictions have been successfully appealed in most instances but the
process of appealing the case is daunting and can take months to
resolve.

This bill would help put a stop to this dishonorable practice being
utilized by traffic agents and reduce the unfair burden of appealing
these convictions.

PRIOR LEGISLATIVE HISTORY:
This is a new Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  6727

                            I N  S E N A T E

                             March 14, 2012
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation  to  muni-meter
  receipts

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 241-b to read as follows:
  S  241-B. MUNI-METER RECEIPTS; AFFIRMATIVE DEFENSE. IN ANY PROSECUTION
OR PROCEEDING ALLEGING A MUNI-METER PARKING VIOLATION, IT  SHALL  BE  AN
AFFIRMATIVE  DEFENSE  TO SUCH VIOLATION, WITH THE BURDEN OF PROOF ON THE
PERSON WHO RECEIVED THE SUMMONS, THAT HE OR SHE DID IN FACT  PURCHASE  A
MUNI-METER  TICKET  PRIOR  TO  OR UP TO FIVE MINUTES THEREAFTER FROM THE
ISSUANCE OF THE SUMMONS AND THAT THE RECEIPT IS VALID  FOR  USE  AT  THE
LOCATION  WHERE  SUCH  SUMMONS WAS ISSUED.  SUCH DEFENSE SHALL BE DEEMED
ESTABLISHED IF SUCH PERSON PRODUCES THE ACTUAL MUNI-METER RECEIPT  OR  A
COPY THEREOF AT SUCH PROSECUTION OR PROCEEDING. FOR THE PURPOSES OF THIS
SECTION,  "MUNI-METER"  SHALL  MEAN  AN  ELECTRONIC  PARKING  METER THAT
DISPENSES TIMED RECEIPTS THAT MUST BE DISPLAYED IN A  CONSPICUOUS  PLACE
ON A VEHICLE'S DASHBOARD.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14586-04-2

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