senate Bill S5000A

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

See Assembly Version of this Bill:
A7328A
Versions:
S5000
S5000A
Legislative Cycle:
2013-2014
Law Section:
General Municipal Law
Laws Affected:
Amd ยง380, Gen Muni L

Sponsor Memo

BILL NUMBER:S5000A

TITLE OF BILL: An act to amend the general municipal 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 GNL 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--A
    Cal. No. 758

                       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
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the general municipal law, in  relation  to  authorizing
  the  city  of Yonkers to merge the functions 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,  provided, however, that such administrative adjudication hear-
ing procedure shall not apply to violations of the building code of  the
city  of  Yonkers.   SUCH ADMINISTRATIVE ADJUDICATION BUREAU ESTABLISHED
PURSUANT TO THIS SUBDIVISION MAY ALSO PROVIDE FOR THE HEARING AND DETER-
MINATION OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR  STOP-
PING  VIOLATIONS,  PROVIDED  THAT THE PROVISIONS OF ARTICLE TWO-B OF THE
VEHICLE AND TRAFFIC LAW SHALL APPLY TO SUCH HEARING AND DETERMINATIONS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10720-03-3

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