senate Bill S6727B

Signed By Governor
2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 signed chap.486
Sep 21, 2012 delivered to governor
Jun 18, 2012 returned to senate
passed assembly
ordered to third reading rules cal.303
substituted for a9353c
Jun 12, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1154
committee discharged and committed to rules
Jun 04, 2012 print number 6727b
amend and recommit to transportation
May 07, 2012 print number 6727a
amend and recommit to transportation
Mar 14, 2012 referred to transportation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S6727 - Bill Details

See Assembly Version of this Bill:
A9353C
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §241-b, V & T L

S6727 - Bill Texts

view 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.

view 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 full text
download pdf
                    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

Co-Sponsors

S6727A - Bill Details

See Assembly Version of this Bill:
A9353C
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §241-b, V & T L

S6727A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6727A

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6727--A

                            I N  S E N A T E

                             March 14, 2012
                               ___________

Introduced by Sens. KLEIN, GOLDEN -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 SHOWING THE AMOUNT OF PARKING TIME PURCHASED.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14586-06-2

Co-Sponsors

S6727B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9353C
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §241-b, V & T L

S6727B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6727B

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 prose-
cution 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 prac-
tices 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6727--B

                            I N  S E N A T E

                             March 14, 2012
                               ___________

Introduced  by  Sens.  KLEIN,  GOLDEN,  SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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
TIME  AND 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 SHOWING THE AMOUNT OF PARKING TIME PURCHASED.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14586-07-2

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