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Assembly Bill A9353C

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 Via S6727 - Signed by Governor

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Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A9353 - Details

See Senate Version of this Bill:
S6727
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §241-b, V & T L

2011-A9353 - 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.

2011-A9353 - Bill Text download pdf 

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

                                  9353

                          I N  A S S E M B L Y

                            February 22, 2012
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  COLTON,  BENEDETTO, COOK, MAISEL,
  ROBERTS, CRESPO -- Multi-Sponsored by  --  M.  of  A.  GLICK,  JACOBS,
  M. MILLER,  MOYA,  SIMANOWITZ,  STEVENSON,  TITONE  --  read  once and
  referred 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 CONTEMPORANEOUSLY WITH THE ISSUANCE OF THE
SUMMONS. SUCH DEFENSE SHALL BE DEEMED ESTABLISHED IF SUCH PERSON PRODUC-
ES  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.
                                                           LBD14586-02-2

co-Sponsors

multi-Sponsors

2011-A9353A - Details

See Senate Version of this Bill:
S6727
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §241-b, V & T L

2011-A9353A - 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.

2011-A9353A - Bill Text download pdf 

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

                                 9353--A

                          I N  A S S E M B L Y

                            February 22, 2012
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  COLTON,  BENEDETTO, COOK, MAISEL,
  ROBERTS, CRESPO, SCARBOROUGH, GALEF -- Multi-Sponsored by -- M. of  A.
  GLICK,  JACOBS,  M. MILLER,  MONTESANO,  MOYA,  P. RIVERA, SIMANOWITZ,
  STEVENSON, TITONE -- read once and referred to the Committee on Trans-
  portation -- 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 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.
                                                           LBD14586-03-2

co-Sponsors

multi-Sponsors

2011-A9353B - Details

See Senate Version of this Bill:
S6727
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §241-b, V & T L

2011-A9353B - 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.

2011-A9353B - Bill Text download pdf 

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

                                 9353--B

                          I N  A S S E M B L Y

                            February 22, 2012
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  COLTON,  BENEDETTO, COOK, MAISEL,
  ROBERTS, CRESPO, SCARBOROUGH, GALEF, McDONOUGH, MALLIOTAKIS --  Multi-
  Sponsored by -- M.  of A. GLICK, HOOPER, JACOBS, M. MILLER, MONTESANO,
  MOYA,  P. RIVERA,  SIMANOWITZ,  STEVENSON,  TITONE  --  read  once and
  referred to the Committee on Transportation --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- reported and  referred  to  the  Committee  on  Codes  --
  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.
                                                           LBD14586-05-2

co-Sponsors

multi-Sponsors

2011-A9353C (ACTIVE) - Details

See Senate Version of this Bill:
S6727
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §241-b, V & T L

2011-A9353C (ACTIVE) - 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.

2011-A9353C (ACTIVE) - Bill Text download pdf 

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

                                 9353--C

                          I N  A S S E M B L Y

                            February 22, 2012
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  COLTON,  BENEDETTO, COOK, MAISEL,
  ROBERTS, CRESPO, SCARBOROUGH, GALEF, McDONOUGH, MALLIOTAKIS, TITONE --
  Multi-Sponsored by -- M.  of  A.  GLICK,  HOOPER,  JACOBS,  M. MILLER,
  MONTESANO,  MOYA,  P. RIVERA,  SIMANOWITZ,  STEVENSON -- read once and
  referred to the Committee on Transportation --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- reported and  referred  to  the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, 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.
                                                           LBD14586-08-2

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