NY State Assembly Bill 2009-A468

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 07, 2009	referred to transportation

2009-A468 (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§240, 241 & 241-a, V & T L

2009-A468 (ACTIVE) - Summary

Strengthens consumer protections involving adjudication of fines and penalties and complaint procedures relating thereto as conducted by the NYC parking violations bureau.

2009-A468 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A468

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to  complaint  procedures  for  satisfied or wrongfully imposed fines or
penalties by the New York city parking violations bureau

PURPOSE OR GENERAL IDEA OF BILL:  To  address  the  bureaucratic  delays
involved  in  the  refund and/or compensation process of the NYC parking
violations bureau. To provide for further public awareness  of  existing
rights  to  contest  improper  dunning  and  to  secure reimbursement of
expenses.

To respond to complaints about hearing delays, confusing procedures  and
unequitable  treatment.  To  ensure  that  an individual is afforded the
basic elements of due process while  contesting  a  summons  alleging  a
parking violation.

SUMMARY OF SPECIFIC PROVISIONS: Chapters 338 and 339 of the Laws of 1987
(improper  dunning  statute)  established  a  mechanism whereby motorist
could challenge notices from the NYC PVB demanding payment for previous-
ly satisfied or wrongfully imposed tickets and to seek compensation  for
expenses  incurred  while  trying  to prove his/her innocence. This bill
strengthens the original provisions by:

Expanding the amount the PVB can be required  to  payor  compensate  the
motorist  -- currently, out-of-pocket expenses are limited to the amount

of the initial fine in question -- to include  lost  wages  (maximum  of
$150 per day) for expenses incurred.

Reducing from six months to two months, after certain other criteria are
met, the time within which the PVB must convene the special panel.

Setting a thirty-day limit within which the PVB must pay any money due a
motorist, or else the PVB will owe the motorist double.

Requiring the PVB to publicize this complaint procedure with signs post-
ed in conspicuous places in its offices.

The bill also amends various sections of the VTL pertaining to the impo-
sition  or  accrual  of  penalties  and the scheduling of hearings.  The
legislation prohibits parking violations bureaus from imposing penalties
whenever a plea of  not  guilty  has  been  entered,  while  the  person
contesting the ticket awaits a hearing. In addition, penalties shall not
be  imposed or accrued during an adjournment period granted by a hearing
examiner pending final adjudication of the summons.   Failure to  comply
with  this provision may result in the complainant receiving and the PVB
paying double the penalty wrongfully imposed.

The hearing shall be held no later than 30 days after entering a plea of
not guilty. The agency shall notify the motorist  of  the  date  of  the
hearing,  if  requested.  Failure  by  the  bureau  to  comply with this

provision may result in the automatic dismissal of all  charges  related
to the violation as modeled after section 237 subdivision 8.

EFFECTS  OF  PRESENT  LAW WHICH THIS BILL WOULD ALTER:  Subdivision 1-a,
Paragraph (a) of subdivision 2 of Section 240 of  the  VTL  is  amended.
The  bill  creates a new subdivision 1-b of section 240. The legislation
also amends subdivision 1 of section 241 and paragraph (b)  of  subdivi-
sion 1 and subdivisions 2, 3, 4, and 5 of 241-A of the Vehicle and Traf-
fic Law.

JUSTIFICATION:  The original Improper Dunning Complaint bill was enacted
into law in 1987 because the PVB was dunning motorists for tickets  that
were  dismissed  as well as for summonses that had already been paid but
not recorded. There were  reportedly  more  than  400,000  such  tickets
between  1978-1981  and  80,000 complaints in just 1985 for the New York
City Parking Violations Bureau.  At  that  time,  the  motorist  had  no
reasonable  recourse  and  thus, many paid rather than going through the
ordeal of trying to prove their innocence.

Media accounts and audits conducted by the New  York  State  Comptroller
have revealed the PVB computer, Summons Tracking and Accounts Receivable
System  (STARS),  continues to impose penalties and send bills to motor-
ists  who  have  previously  satisfied  their  summonses  or  had   them
dismissed.  This problem is due in part to the fact that the PVB did not
adequately test the computer system before placing the  unit  in  opera-
tion.  Hence, the agency had no assurance that STARS would provide accu-
rate and reliable data. Furthermore, the  process  of  transferring  the
data  from  the  old computer system was not adequately supervised. As a
result, STARS files  contain  incorrect  summons  data.    For  example,
several summonses that were previously paid were reinstated as not paid.
Moreover,  the comptroller found that the agency does not satisfactorily
review the software or procedures used by its  keying  vendors  and  the
vendor  that processes payments for summonses. This not only damages the
public image of the agency but also causes the PVB to incur the costs of
preparing and sending unnecessary billing notices.

In fiscal year 1996, over 8,000 improper dunning complaints  were  filed
involving  more  than  17,000  summonses.  While a significant number of
complaints have been recorded, a limited amount of compensation has been
awarded. This can be attributed to the fact that many people are unaware
of the compensation entitlement and thus, they are not being  reimbursed
for  their  costs.  Hence, the bill strengthens the publicity provisions
required of the Parking Violations Bureau in  the  original  law  (e.g.,
posters  in  public  offices)  and  allows for additional expenses to be
compensated (e.g., lost wages).

In addition, the bill requires all payments owed by the agency to motor-
ists to be made within thirty (30) days or the motorist is  entitled  to
double the award. Motorists usually wait several months before receiving
their  refunds  and often receive no explanation as to the nature of the
delay.

State reports and news articles have documented shortcomings  and  prob-
lems  with the adjudication process at the NYC PVB, especially the hear-
ing-by-mail system. In some instances, where motorists  mailed  in  "not
guilty"  pleas,  the  computer system continued to impose late penalties
for  unpaid  fines  while  the disputes over the summonses were awaiting
adjudication  by  an  administrative  law  judge.  Moreover,  there  are
frequent  cases  where  despite  the  issuance  of penalty holds while a
verification to determine the validity of a broken meter  defense  or  a
sign  is  conducted, penalties continued to accrue and notices demanding
that payment were issued to the motorist. When motorists are  found  not
guilty,  the  fine  and  penalties that have accrued between the summons
date and date of disposition should be dismissed  and  notices  to  that
effect  issued. However, that has not always been the case and motorists
have been dunned while the agency sends costly, unnecessary notices  for
penalties that were wrongfully imposed.

Finally,  an  adjournment  of  a  hearing may be granted by the ALJ when
additional information is required from the respondent.  Those  adjourn-
ments  should prevent the penalty cycle from continuing according to PVB
regulations. However, it  has  been  found  that  adjournments  did  not
consistently  stop  the cycle. With a penalty posted and billing notices
generated, respondents were led to believe that their  cases  were  lost
and  thus,  they  paid  their  original fines and penalties prior to the
final adjudication of their cases. With some of the motorists found "not
guilty" or "guilty with a reduction", they were entitled to refunds that
were not automatically issued by the agency.

The procedural and administrative problems in New York City  demonstrate
the  necessity for this legislation. Moreover, to prevent similar abuses
by other parking violations bureaus and  to  ensure  uniformity,  it  is
critical to enhance statutory provisions in the Vehicle and Traffic Law.

Enactment  of  this  measure will strengthen existing remedies and allow
for motorists to obtain the timely relief the Legislature intended  with
the enactment of the earlier legislation.

PRIOR LEGISLATIVE HISTORY: In 1992, the bill passed the Assembly and was
delivered  to  Senate  Rules. In 1993-94, the bill was reported from the
Transportation Committee to Codes and from Codes to Ways &  Means.    In
the  Senate, the bill remained in the Transportation Committee. In 1995,
the bill was reported from the Transportation  Committee  to  the  Codes
Committee  and  from Codes to Ways & Means.  A.5602 in 1999-2000; A.3623
of 2001-02 -In Transportation Committee.  A3596 of 2003-04; in Transpor-
tation. A.2776 of 2005-06 in Transportation.

EFFECTIVE DATE: First of September next succeeding the date on which  it
shall have become a law.

2009-A468 (ACTIVE) - Bill Text download pdf

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

                                   468

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to complaint
  procedures for satisfied or wrongfully imposed fines or  penalties  by
  the New York city parking violations bureau

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

  Section 1. Subdivision 1-a of section 240 of the vehicle  and  traffic
law,  as  amended by chapter 379 of the laws of 1992, is amended to read
as follows:
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered,  WHICH  MAY  INVOLVE BUT MAY NOT BE LIMITED TO CASES CONCERNING
FAST OR BROKEN METERS OR PARKING SIGN VERIFICATION  or  the  bureau  has
been notified that an allegation of liability in accordance with section
eleven hundred eleven-a of this chapter or an allegation of liability in
accordance  with  section  two  thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
fifty, is being contested, by a person in a timely fashion and a hearing
upon the merits has been demanded, but has not yet been held, the bureau
shall  not  IMPOSE  OR ALLOW TO ACCRUE ANY PENALTIES AND SHALL NOT issue
any notice of fine or penalty to that person prior to the  date  of  the
hearing.   PENALTIES SHALL NOT BE IMPOSED OR BE ALLOWED TO ACCRUE DURING
AN ADJOURNMENT GRANTED BY A HEARING EXAMINER DURING A  HEARING  FOR  THE
ADJUDICATION  OF  A  CHARGE OF A PARKING VIOLATION OR AN ALLEGATION OF A
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-A  OF  THIS
CHAPTER.
  S 2. Section 240 of the vehicle and traffic law is amended by adding a
new subdivision 1-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00243-01-9

A. 468                              2

  1-B.  IF THE BUREAU FAILS TO COMPLY WITH THE PROVISIONS OF SUBDIVISION
ONE-A OF THIS SECTION, THE PERSON CHARGED WITH A PARKING VIOLATION OR AN
ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-A  OF  THIS  CHAPTER  SHALL HAVE THE RIGHT TO AN EXPEDITED REVIEW
BEFORE  A  PANEL  OF  THREE  ADMINISTRATIVE LAW JUDGES. SUCH PANEL, UPON
PETITION BY THE COMPLAINANT, MAY AT  ITS  SOLE  DISCRETION,  DIRECT  THE
PARKING  VIOLATIONS  BUREAU  TO  PAY  THE COMPLAINANT DOUBLE THE PENALTY
WRONGFULLY IMPOSED OR ACCRUED WHETHER OR NOT SUCH PERSON  IS  DETERMINED
TO BE GUILTY OF THE VIOLATION CHARGED.
  S  3.  Paragraph  a of subdivision 2 of section 240 of the vehicle and
traffic law, as amended by chapter 379 of the laws of 1992,  is  amended
to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or  an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or an allegation  of  liability  in  accordance
with section two thousand nine hundred eighty-five of the public author-
ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred  fifty  shall
be  held  NO  LATER THAN THIRTY DAYS AFTER ENTERING A PLEA OF NOT GUILTY
before a hearing examiner  in  accordance  with  rules  and  regulations
promulgated  by the bureau.  THE PERSON CHARGED WITH A PARKING VIOLATION
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
ELEVEN-A OF THIS CHAPTER SHALL BE NOTIFIED OF THE DATE OF THE HEARING IF
REQUESTED.  FAILURE  BY THE BUREAU TO COMPLY WITH THE PROVISIONS OF THIS
SUBDIVISION WILL RESULT, UPON THE REQUEST OF THE PERSON CHARGED,  IN  AN
AUTOMATIC  DISMISSAL  OF  ALL  CHARGES  RELATING  TO  AND  ONLY  TO THAT
VIOLATION OR ALLEGATION.
  S 4. Subdivision 1 of section 241 of the vehicle and traffic  law,  as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either sustaining or dismissing them.  Where the hearing examiner deter-
mines  that  the  charges  have been sustained he may examine either the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-a of this chapter  or  the
record  of  liabilities incurred in accordance with section two thousand
nine hundred eighty-five of  the  public  authorities  law  or  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty of the person charged, as applica-
ble  prior  to  rendering  a  final  determination. Final determinations
sustaining or dismissing charges shall be entered on  a  final  determi-
nation  roll  maintained  by  the  bureau  together with records showing
payment and nonpayment of penalties AND A NOTICE TO THAT EFFECT SHALL BE
SENT PROMPTLY TO THE OPERATOR OR OWNER OF THE VEHICLE DESCRIBED  IN  THE
NOTICE  OF  VIOLATION. IF THE CHARGES ARE SUSTAINED, THE NOTICE OF FINAL
DETERMINATION SHALL STATE WITH CLARITY AND DETAIL THE  REASONS  FOR  THE
DETERMINATION.
  S 5. Section 241-a of the vehicle and traffic law, as added by chapter
338 of the laws of 1987, paragraph (b) of subdivision 1 and subdivisions
2,  3  and 4 as amended and subdivision 5 as added by chapter 339 of the
laws of 1987, is amended to read as follows:
  S 241-a. Complaint procedure for satisfied or wrongfully imposed  fine
or penalty. 1. (a) Every city with a population of more than one million
inhabitants  that  has  established  a  parking  violations bureau shall
establish, within such bureau, a  properly  staffed  complaint  unit  of
public  service representatives to respond to complaints from any person

A. 468                              3

who, after having satisfied, by payment, adjudication, or administrative
action, any fine or penalty for a  parking  violation  or  after  having
proven  that  a  fine  or penalty was wrongfully imposed on this person,
receives  a  demand for payment of the fine or penalty previously satis-
fied or wrongfully imposed, or is denied  any  registration  or  renewal
application  by  the  department  of motor vehicles upon a certification
from such parking violations bureau based upon lack of  payment  of  any
fine   or  penalty  previously  satisfied  or  wrongfully  imposed.  The
complaint unit established under this section  shall  accept  complaints
either  in  person  or by certified mail, return receipt requested. Each
written demand for payment, other than the first demand following  issu-
ance  of  the notice of violation[,] AND THE ERROR CORRECTION FORM shall
advise the addressee of the existence of  the  complaint  unit  and  the
procedure  for  submitting a complaint AND SECURING PAYMENT OF EXPENSES.
Upon receipt of a complaint, if in person, or within ten work days after
receipt of a complaint if by mail, the complaint unit shall  acknowledge
receipt  in  writing  and  notify  the  complainant of the procedure for
further review. The complaint  unit  shall,  within  thirty  days  after
receiving  a  complaint  in person or by certified mail supported by the
proof prescribed by  this  section,  notify  the  complainant  that  the
payment  has been credited to his or her record; that the wrongful impo-
sition has been removed from  the  complainant's  record;  or  that  the
information  sent  to the bureau fails to prove that the fine or penalty
was satisfied or that the imposition was wrongful,  in  which  case  the
reason or reasons shall be set forth.
  (b)  If,  after this thirty day period, the bureau continues to demand
payment from this person of the fine or penalty previously satisfied  or
wrongfully  imposed,  or  if the bureau does not render a determination,
the person within [six] TWO months from the date of his or her complaint
shall have the right to an expedited review  before  a  panel  of  three
administrative  law judges.  Such panel shall be empowered to compel the
bureau to produce records and other evidence relevant  and  material  to
the  complaint.  The  complainant  shall be required to submit, together
with his or her request for a  review,  a  copy  of  all  the  materials
submitted  with  the original complaint. The panel of administrative law
judges shall be  empowered  to  direct  that  the  bureau's  records  be
changed,  as  appropriate,  to insure that no further demand is made for
the fine or penalty previously satisfied or wrongfully imposed, and  the
bureau  shall comply with such directive. Further, the panel of adminis-
trative law judges, upon petition by the complainant, may  at  its  sole
discretion,  direct the parking violations bureau to pay the complainant
who receives a wrongfully imposed fine or has  previously  satisfied  an
outstanding  fine such out-of-pocket expenses as the panel deems reason-
able only in such cases where the complainant sufficiently  demonstrates
that  he  or  she  has notified the bureau of his or her complaint under
this section and the bureau has  failed,  in  the  panel's  opinion,  to
remove  the  wrongfully  imposed fine or the previously satisfied fine[;
however, payment of such expenses shall not exceed  the  amount  of  the
original  fine].   SUCH OUT-OF-POCKET EXPENSES SHALL INCLUDE, BUT NOT BE
LIMITED TO, LOST WAGES, NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS PER DAY,
PROVIDED THAT THE COMPLAINANT SUBMITS PROOF SATISFACTORY TO THE PANEL OF
SUCH  LOSS.  THE  PAYMENT  OF  OUT-OF-POCKET  EXPENSES  BY  THE  PARKING
VIOLATIONS  BUREAU AND ANY OTHER PAYMENT DUE FROM THE PARKING VIOLATIONS
BUREAU TO A COMPLAINANT SHALL BE MADE WITHIN THIRTY DAYS.  AFTER  FILING
OF  A  PETITION  BY  THE COMPLAINANT AND SUBSEQUENT FINDING BY THE PANEL
THAT PAYMENT WAS NOT TIMELY MADE, SUCH PAYMENT SHALL BE DOUBLED.

A. 468                              4

  (c) Any other city authorized to establish a parking violations bureau
may create a panel to resolve complaints relating to satisfied penalties
and wrongfully imposed penalties. The composition of such a panel  shall
be determined by local option.
  2.  This  section shall not apply to parking violation fines or penal-
ties relating to commercial, taxi, common or contract carriers or livery
vehicles.
  3. In cities required to create a review panel under this section, the
parking violations bureau shall keep a record of all complaints  submit-
ted  under  this  section  for a minimum of [three] TEN years, and shall
issue a public report every year containing  the  number  of  complaints
heard each year according to category, the number of dispositions favor-
able to complainants, the average compensation awarded in such favorable
dispositions,  and  any  other appropriate information. Such information
shall also be published annually and placed in the  municipal  reference
library, in such cities where applicable.
  4.  The  proof  that  must be submitted in connection with a complaint
made under this section is, as appropriate, a copy of the receipt, money
order or front and back of cancelled check; a copy of a police report of
stolen vehicle or stolen or lost plates or proof of an insurance company
payment for a stolen vehicle, or a department of motor vehicles  receipt
for  surrendered plates. As used in this section, a "wrongfully imposed"
fine or penalty shall mean a fine or penalty which is imposed after  the
respective  vehicle  has  been  stolen  or after the license plates were
stolen, lost or surrendered to the department of motor vehicles.
  5. Every such parking violations bureau  shall  adopt  and  promulgate
rules  and regulations not inconsistent with any applicable provision of
law, to carry out the purposes of this section.
  6. EVERY PARKING VIOLATIONS BUREAU SHALL  POST  SIGNS  IN  CONSPICUOUS
PLACES  IN  ITS OFFICES OPEN TO THE PUBLIC, IN BOTH ENGLISH AND SPANISH,
INFORMING COMPLAINANTS OF THE COMPLAINT PROCEDURE AND THEIR RIGHTS  WITH
RESPECT TO THE RECOUPMENT OF OUT-OF-POCKET EXPENSES.
  S  6.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law provided, howev-
er, sections one, three and four of this act shall expire  on  the  same
date as chapter 746 of the laws of 1988, as amended.

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Assembly Bill A468

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2009-A468 (ACTIVE) - Details

2009-A468 (ACTIVE) - Summary

2009-A468 (ACTIVE) - Sponsor Memo

2009-A468 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A468

Share this bill

Sponsored By

JEFFRIES

Archive: Last Bill Status - In Assembly Committee

2009-A468 (ACTIVE) - Details

2009-A468 (ACTIVE) - Summary

2009-A468 (ACTIVE) - Sponsor Memo

2009-A468 (ACTIVE) - Bill Text download pdf

Comments