senate Bill S5000

Amended

Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau

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Sponsor

Bill Status


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

  • 03 / May / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 22 / May / 2013
    • 1ST REPORT CAL.758
  • 23 / May / 2013
    • 2ND REPORT CAL.
  • 29 / May / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • AMENDED ON THIRD READING (T) 5000A
  • 20 / Jun / 2013
    • SUBSTITUTED BY A7328A

Summary

Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau.

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Bill Details

Versions:
S5000
S5000A
Legislative Cycle:
2013-2014
Law Section:
General Municipal Law
Laws Affected:
Amd §380, Gen Muni L; amd §236, V & T L

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S5000

TITLE OF BILL: An act to amend the general municipal law and the
vehicle and traffic law, in relation to authorizing the city of
Yonkers to merge the functions of its parking violations bureau and
administrative adjudication bureau

PURPOSE OR GENERAL IDEA OF BILL: To allow the city of Yonkers to
merge the functions of its parking violations bureau and
administrative adjudication bureau.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Subdivision 2 of Section 380 of the
general municipal law, as added by chapter 392 of the laws of 2012 to
allow the city of Yonkers to adopt a local law to include parking
violations under the administrative adjudication hearing procedure.

Section 2 of the bill amends Section 236 of the vehicle and traffic
law by adding a new Subdivision 4-a to allow the city of Yonkers to
adopt a local law for the administrative adjudication of all parking
violations.

JUSTIFICATION: Currently, the City of Yonkers adjudicates its code
violations through the Yonkers City Court, which is overburdened with
criminal and housing matters. In an effort to alleviate this burden,
the City requested legislation from the State authorizing the
establishment of an administrative adjudication bureau (AAB) pursuant
to Article 14-BB of the GML to manage these quality of life/code
violations in a more efficient manner.

This legislation was approved in the 2012 legislative session. Upon
comprehensive analysis of the proposed local implementation of the
AAB, it was discovered that the Yonkers Parking Violations Bureau and
the AAB, unless merged administratively, would function as two
distinct but wholly duplicative administrative agencies, performing
identical functions throughout the enforcement process. This
legislation offers the City of Yonkers the option of combining these
administrative functions in a manner which will provide consistency
and clarity to the residents and businesses it serves, and provide an
efficient one-stop tribunal to manage and enforce all administrative
violations generated in the City of Yonkers, excepting those Fire and
Building Code violations which tend to be public safety-focused and
could involve criminal penalties.

LEGISLATIVE HISTORY: New Bill - 2013

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
________________________________________________________________________

                                  5000

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

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

AN ACT to amend the general municipal law and the  vehicle  and  traffic
  law, in relation to authorizing the city of Yonkers to merge the func-
  tions of its parking violations bureau and administrative adjudication
  bureau

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

  Section 1. Subdivision 2 of section 380 of the general municipal  law,
as  added  by  chapter  392  of  the laws of 2012, is amended to read as
follows:
  2. The city of Yonkers may adopt a local law establishing an  adminis-
trative  adjudication  hearing  procedure  under  the provisions of this
article for all code and ordinance  violations  relating  to  conditions
which  constitute  a  threat  or  danger to the public health, safety or
welfare, AND FOR ALL PARKING  VIOLATIONS  OF  THE  CITY  OF  YONKERS  AS
PROVIDED  FOR IN ARTICLE TWO-B OF THE VEHICLE AND TRAFFIC LAW, provided,
however, that such administrative adjudication hearing  procedure  shall
not  apply  to  violations  of the FIRE AND building code of the city of
Yonkers.
  S 2. Section 236 of the vehicle and traffic law, is amended by  adding
a new subdivision 4-a to read as follows:
  4-A.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  ANY  GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF YONKERS MAY PROVIDE BY
LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF ALL PARKING  VIOLATIONS
OF  THE  CITY OF YONKERS IN THE MANNER PROVIDED FOR PURSUANT TO SUBDIVI-
SION TWO OF SECTION THREE HUNDRED EIGHTY OF THE GENERAL MUNICIPAL LAW.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10720-01-3

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