senate Bill S5124

Authorizes the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions

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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

  • 10 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 30 / May / 2013
    • 1ST REPORT CAL.833
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • HOME RULE REQUEST
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 20 / May / 2014
    • 1ST REPORT CAL.823
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • HOME RULE REQUEST
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

Authorizes the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions.

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Bill Details

See Assembly Version of this Bill:
A7429
Versions:
S5124
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง236, V & T L

Sponsor Memo

BILL NUMBER:S5124

TITLE OF BILL: An act to authorize the city of Jamestown to establish
an administrative tribunal for the adjudication of parking
infractions; and to amend the vehicle and traffic law, in relation
thereto

PURPOSE:

Authorizes the city of Jamestown to establish an administrative
tribunal for the adjudication of parking infractions.

SUMMARY OF PROVISIONS:

Section 1 amends the Vehicle and Traffic Law by adding a new section
to allow the city of Jamestown to establish an administrative tribunal
for the adjudication of parking infractions. It also authorizes the
city of Jamestown to provide for the appointment, through local law,
of hearing examiners for such administrative adjudications from a list
of eligible candidates in accordance with the provisions of Article
2-B of the Vehicle & Traffic Law,

Section 2 amends paragraph d of subdivision 2 of section 236 of the
vehicle and traffic law to allow hearing examiners in the city of
Jamestown, like the city of New York, to be admitted to practice law
in New York State for a period of three years instead of five years,
which is otherwise required for hearing examiners under the Vehicle
and Traffic Law.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:

Parking tickets in the city of Jamestown are currently handled by the
City Court, which takes up valuable time of Jamestown's two city court
judges and their personnel. These tickets are rarely adjudicated
because of the more serious criminal cases and infractions pending in
the Jamestown City Court.

Because these tickets are not adjudicated, the City of Jamestown,
loses a significant amount of revenue each year. This bill would help
the city of Jamestown adjudicate approximately $300,000 in delinquent
parking infractions.

The Jamestown City Council requested this legislation on November 27,
2012 in Resolution Number 201211C13. The City is seeking this bill to
reduce City Court case backlogs, increase traffic infraction penalty
collections, to establish a more efficient way to manage the parking
ticket system, and to establish a system whereby motorists would more
consistently abide by the parking laws established by the City. The
City does not anticipate increased costs to residents ox in their
budget to establish and operate the program. They plan to do so with
existing staff and resources.

LEGISLATIVE HISTORY:

New Bill.


FISCAL IMPLICATIONS:

None to the State.

LOCAL FISCAL IMPLICATIONS:

The city of Jamestown anticipates an increase in its collection of
parking ticket revenues.

EFFECTIVE DATE:

Immediately.

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

                                  5124

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

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

AN ACT to authorize the city of Jamestown to establish an administrative
  tribunal for the adjudication of parking infractions; and to amend the
  vehicle and traffic law, in relation thereto

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

  Section  1.  The city of Jamestown, acting through its governing body,
is hereby authorized to establish an  administrative  tribunal  for  the
adjudication  of parking infractions, subject to the provisions of arti-
cle 2-B of the vehicle and  traffic  law.  Hearing  examiners  for  such
administrative adjudications in the city of Jamestown shall be appointed
by  the commissioner of motor vehicles in accordance with paragraph d of
subdivision 2 of section 236 of the vehicle and traffic law.
  S 2. Paragraph d of subdivision 2 of section 236 of  the  vehicle  and
traffic  law,  as amended by chapter 342 of the laws of 1981, is amended
to read as follows:
  d. The commissioner shall appoint hearing examiners who shall  preside
at hearings for the adjudication of charges of parking violations. Hear-
ing  examiners  shall  be  appointed  and shall serve for such number of
sessions as may be determined by  the  commissioner  and  shall  receive
therefor,  such  remuneration  as  may  be fixed. Such hearing examiners
shall not be considered employees of the city in which  the  administra-
tive  tribunal  has  been established. Every hearing examiner shall have
been admitted to the practice of law in this state for a  period  of  at
least five years, except in cities having a population of one million or
more  persons AND IN THE CITY OF JAMESTOWN, IN THE COUNTY OF CHAUTAUQUA,
where they shall have been admitted to such practice for a period of  at
least  three  years. Hearing examiners shall be appointed from a list of
eligible candidates who have satisfied the standards  established  by  a
duly constituted committee of the bar association of the county in which
the city is located or, the association of the bar of that city.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10394-02-3

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