Senate Bill S6793A

2011-2012 Legislative Session

Relates to docketing of adjudications of violations of laws enforced by the New York city department of consumer affairs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2012	print number 6793a
Jun 05, 2012	amend and recommit to local government
Mar 22, 2012	referred to local government

Bill Amendments

2011-S6793 - Details

Current Committee:: Senate Local Government
Law Section:: County Law
Laws Affected:: Amd §918, County L; amd §2203, NYC Chart

2011-S6793 - Summary

Relates to docketing of adjudications of violations of laws enforced by the New York city department of consumer affairs.

2011-S6793 - Sponsor Memo

                                BILL NUMBER:S6793

TITLE OF BILL:
An act
to amend the county law and the New York city charter, in relation to
the docketing of adjudications of violations of laws enforced by the New
York city department of consumer affairs

PURPOSE:
The bill amends the County law and the New York City Charter to
authorize the docketing of final orders issued by the Commissioner of
Consumer Affairs based upon adjudications by the Department's
administrative tribunal. This is a New York City Program Bill Number
'12 DCA
1 that was submitted by the New York City Department of
Consumer Affairs.

SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 4 of section 918 of the County Law to
authorize the docketing of final orders issued by the commissioner of
Consumer Affairs based upon adjudications by the Department's
administrative tribunal.

Section 2: Amends subdivision (g) of section 2203 of the New York City
charter to require the Department to include in its notices of
violations instructions on how the business may plead or contest the

violation and a warning that failure to do so will be deemed an
admission, resulting in a default decision. Further, it requires
that, before a default judgment can be entered, the Department must
notify the business of the default and that the business may request
a stay of the default for good cause. The bill requires that
Department to include in its civil court notices of entry of money
judgments a statement that a business may seek a stay of enforcement
of the judgment for up to forty-five days after entry of the judgment
to settle the matter. The bill also requires that the Department
serve the underlying notice of violation in the manner prescribed by
the Civil Practice Law and Rules (CPLR) or the Business Corporation
Law (BCL) for all respondents that are not licensees of the Department.

For businesses that are licensed by the Department, the bill requires
that the Department serve the violation on an employee of the
licensee at the licensee's place of business.

For businesses which by their nature are carried out at-large and not
at a fixed location or which are located out-of-state, the bill
provides three options for service of the violation. 1.) the
Department serve a licensee or employee of those business at the
location where the violation occurred, 2.) on the Secretary of State,
or 3.) on an agent designated for service. In all instances, the
Department is also required to serve the notice of violation by
mailing a copy of the notice to the address the licensee has filed
with the Department. Finally, the bill would allow the office of
administrative trials and hearings to docket final orders on behalf
of the Department should the Department's administrative tribunal be
established within the office.


JUSTIFICATION:
New York City Program Bill developed by the NYC Department of Consumer
Affairs. The NYC Department of Consumer Affairs' (DCA) mission is to
ensure a fair and vibrant marketplace for businesses and consumers.
Law-abiding businesses and consumers alike benefit from, and have
every reason to expect, a competitive marketplace, but competition
suffers when some businesses don't play by the rules.

DCA's Administrative Tribunal has the authority to assess fines
against businesses that violate the City's rules that protect a
competitive marketplace. Some businesses readily comply with the law;
others come into compliance and pay the fine; still others ignore the
law entirely. Existing law does not, however, allow DCA to docket
unpaid fines issued by its Administrative Tribunal as money
judgments, without court proceedings.
Currently, fines can be collected only by means of costly and
time-consuming collection efforts and Civil Court proceedings. As a
result, licensees may choose to abandon their licenses to evade
fines, while non-licensees ignore their obligation to pay. This
deprives DCA of the most effective enforcement mechanism, and the
City of much-needed revenue.

By authorizing DCA to directly docket the fines issued by its
Administrative Tribunal, this legislation will give teeth to the
City's laws and rules protecting a competitive and fair marketplace.
At the same time, this legislation includes a number of protections
to ensure businesses have adequate notice of violations and default
judgments and that they are given a fair opportunity to make their
case.

The bill sets strong standards by which an underlying notice of
violations must be served if DCA is to enter a judgment. In setting
forth how business must be served, the bill distinguishes between
businesses by delivering the notice of violation to a person employed
at the place of business which gave rise to the violation. The bill
provides three options to DCA regarding licensed businesses that are
carried out at large or are based out of state.
For those businesses, the bill requires DCA to serve violation on an
employee at the location which gave rise to the violation, or on the
Secretary of State, or on an agent designated for service pursuant to
the CPLR or the Business Corporation Law. For all licensees, DCA must
also send a copy of all notices of violation to the business at the
location on file with the agency pursuant to Administrative Code
Section 20-112. Businesses that are not licensees must be served in
accordance with the Civil Practice Law and Rules or the Business
Corporation Law.

To further protect businesses, the bill requires DCA to provide
instructions on how they may plead or contest the violation and a
warning that failure to do so will be deemed an admission, resulting
in a default decision. The bill takes an additional step to protect
businesses by requiring that DCA include in its civil court notices
of entry of money judgments a statement that a business may seek a
stay of enforcement of the judgment for up to forty-five days after
entry of the judgment to settle the matter.


This bill will strengthen government's ability to apply the laws
equally for all businesses and streamline the City's efforts to
collect fines that have been duly assessed, while at the same time
taking numerous steps to ensure businesses are given a fair chance to
contest violations.

LEGISLATIVE HISTORY:
Similar to S.5521. This is New York City's revised bill to supplant
S.5521.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6793 - Bill Text download pdf

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

                                  6793

                            I N  S E N A T E

                             March 22, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the county  law  and  the  New  York  city  charter,  in
  relation  to  the  docketing  of  adjudications  of violations of laws
  enforced by the New York city department of consumer affairs

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

  Section  1.  Subdivision  4 of section 918 of the county law, as sepa-
rately amended by chapters 419 and 473 of the laws of 1988,  is  amended
to read as follows:
  4. Any other laws to the contrary notwithstanding, the county clerk in
each  of  the  counties  within  the  city of New York is authorized and
empowered to maintain separate judgment docket  volumes  containing  the
printed transcript or transcripts, in strict alphabetical order of judg-
ment  made,  entered  and docketed in the civil court of the city of New
York against individuals, corporations, and other entities on behalf  of
the parking violations bureau, the environmental control board, the taxi
and  limousine  commission,  THE  DEPARTMENT OF CONSUMER AFFAIRS and the
commissioner of jurors of the city of New York.  These  volumes  may  be
maintained  in  the  form of computer print outs which shall contain the
date of judgment, the  name  and  address  of  the  judgment  debtor  or
debtors,  the  amount  of  the  judgment and other information which the
county clerk may deem necessary to sufficiently describe the parties  to
the  action  or  proceeding  or nature or the manner of the entry of the
judgment. Provided, however, with respect to judgments on behalf of  the
parking   violations  bureau  the  county  clerk  may,  in  his  OR  HER
discretion, in lieu of such volumes, maintain the aforementioned data in
a micrographic or computer retrievable format.   With respect  to  judg-
ments  on  behalf of the parking violations bureau such volumes or other
format shall be maintained pursuant to this subdivision for  only  those
individuals, corporations, and other entities having vehicles registered
in the counties within the city of New York.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11260-02-2

S. 6793                             2

  S  2. Subdivision (g) of section 2203 of the New York city charter, as
added by section 15 of question 2 of local law number 60 of the city  of
New York for the year 2010, is amended to read as follows:
  (g) (1) Notwithstanding any inconsistent provision of law, the depart-
ment  shall  be authorized, upon due notice and hearing, to impose civil
penalties for the violation of any laws  or  rules  the  enforcement  of
which  is  within  the  jurisdiction  of the department pursuant to this
charter, the administrative code or any other general, special or  local
law.  The department shall have the power to render decisions and orders
and to impose civil penalties for all such  violations.  Except  to  the
extent  that  dollar  limits  are  otherwise specifically provided, such
civil  penalties  shall  not  exceed  five  hundred  dollars  for   each
violation. All proceedings authorized pursuant to this subdivision shall
be  conducted  in accordance with rules promulgated by the commissioner.
The remedies and penalties provided for in this subdivision shall be  in
addition to any other remedies or penalties provided for the enforcement
of  such  provisions  under any other law including, but not limited to,
civil or criminal actions or proceedings.
  (2) All such proceedings shall be commenced by the service of a notice
of violation. The commissioner shall prescribe the form and  wording  of
notices  of  violation.  The  notice  of  violation or copy thereof when
filled in and served shall constitute notice of the  violation  charged,
and, if sworn to or affirmed, shall be prima facie evidence of the facts
contained  therein.    THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION
ADVISING THE PERSON CHARGED OF THE MANNER AND THE  TIME  IN  WHICH  SUCH
PERSON  MAY  EITHER  ADMIT  OR DENY THE VIOLATION CHARGED IN THE NOTICE.
SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN  A  WARNING  TO  ADVISE  THE
PERSON  CHARGED  THAT  FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN
THE NOTICE MAY RESULT IN A DEFAULT  DECISION  AND  ORDER  BEING  ENTERED
AGAINST  SUCH  PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION
SHALL BE FILED AND RETAINED BY THE DEPARTMENT  AND  SHALL  BE  DEEMED  A
RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS.
  (3)  WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
THE RULES OF THE COMMISSIONER OR HAS FAILED TO APPEAR  ON  A  DESIGNATED
HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE
TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION
OF LIABILITY FOR THE PURPOSES OF THIS VIOLATION AND SHALL BE GROUNDS FOR
RENDERING A DEFAULT DECISION AND ORDER IMPOSING A PENALTY IN THE MAXIMUM
AMOUNT PRESCRIBED UNDER LAW FOR THE VIOLATION CHARGED.
  (4) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION
WAS  HAD  BY  HEARING  OR  UPON DEFAULT OR OTHERWISE, SHALL CONSTITUTE A
JUDGMENT THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW  YORK
OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE
STATE, AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME  MANNER
AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL ACTIONS.
  (5) THE DEPARTMENT SHALL INCLUDE WITH THE NOTICE OF ENTRY OF THE JUDG-
MENT IT SERVES ON THE RESPONDENT A NOTICE, IN A FORM TO BE DETERMINED BY
THE COMMISSIONER, THAT:
  (I)  A JUDGMENT HAS BEEN ENTERED IN THE CIVIL COURT OF THE CITY OF NEW
YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN
THE STATE OF NEW YORK; AND
  (II) THE RESPONDENT SHALL HAVE THE OPPORTUNITY TO REQUEST  A  STAY  OF
ENFORCEMENT  OF  THE  JUDGMENT  FOR SETTLEMENT DISCUSSIONS IN ACCORDANCE
WITH THE RULES OF THE DEPARTMENT FOR UP TO  FORTY-FIVE  DAYS  AFTER  THE
ENTRY OF THE JUDGMENT.

S. 6793                             3

  ENTRY OF A JUDGMENT SHALL NOT LIMIT THE APPLICATION OF ANY OTHER REME-
DIES  OR  PENALTIES  PROVIDED FOR THE ENFORCEMENT OF LAWS OR RULES UNDER
THE JURISDICTION OF THE DEPARTMENT.
  (6)  NOTWITHSTANDING THE FOREGOING PROVISIONS, BEFORE A JUDGMENT BASED
UPON A DEFAULT MAY BE SO ENTERED, THE DEPARTMENT MUST HAVE NOTIFIED  THE
RESPONDENT:
  (I) OF THE DEFAULT DECISION AND ORDER AND PENALTY IMPOSED;
  (II) THAT A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF
NEW  YORK  OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS
WITHIN THE STATE OF NEW YORK; AND
  (III) THAT ENTRY OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING A  STAY
OF  DEFAULT  FOR  GOOD  CAUSE  SHOWN  AND EITHER REQUESTING A HEARING OR
ENTERING A PLEA PURSUANT TO THE RULES OF THE COMMISSIONER WITHIN  THIRTY
DAYS OF THE MAILING OF SUCH NOTICE.
  THE  COMMISSIONER  SHALL  DETERMINE  THE  FORM  OF SUCH NOTICE. IF THE
RESPONDENT IS A LICENSEE, NOTICE SHALL BE PROVIDED BY FIRST  CLASS  MAIL
AT  THE  ADDRESS  THE LICENSEE HAS FILED WITH THE DEPARTMENT PURSUANT TO
SECTION 20-112 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.  FOR
ALL OTHER RESPONDENTS, THE NOTICE SHALL BE SERVED IN THE SAME MANNER SET
FORTH  FOR  SERVICE  OF A NOTICE OF VIOLATION IN PARAGRAPH EIGHT OF THIS
SUBDIVISION.
  (7) A JUDGMENT ENTERED PURSUANT TO PARAGRAPH FOUR OF THIS  SUBDIVISION
SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  (8)  THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
ANT TO PARAGRAPH FOUR OF THIS SUBDIVISION UNLESS THE NOTICE OF VIOLATION
SHALL HAVE BEEN SERVED IN THE SAME MANNER AS IS PRESCRIBED  FOR  SERVICE
OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES OR ARTI-
CLE THREE OF THE BUSINESS CORPORATION LAW OR, FOR LICENSEES, AS PROVIDED
IN PARAGRAPH NINE OF THIS SUBDIVISION.
  (9)  (I) THE DEPARTMENT SHALL SERVE A NOTICE OF VIOLATION BY MAILING A
COPY OF SUCH NOTICE TO THE ADDRESS  THE  LICENSEE  HAS  FILED  WITH  THE
DEPARTMENT  PURSUANT TO SECTION 20-112 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK. THE DEPARTMENT SHALL ALSO SERVE A NOTICE OF  VIOLATION
BY  DELIVERING SUCH NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT AT THE
PREMISES AT WHICH THE RESPONDENT CONDUCTS THE BUSINESS THE OPERATION  OF
WHICH  GAVE  RISE  TO  THE  VIOLATION. IN THE CASE OF A BUSINESS THAT IS
CARRIED OUT AT LARGE AND NOT AT A FIXED PLACE OF BUSINESS  OR  THAT  HAS
FILED  WITH  THE  DEPARTMENT AN OUT-OF-STATE ADDRESS PURSUANT TO SECTION
20-112 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  THE  DEPART-
MENT  SHALL  ALSO  SERVE  A LICENSEE OR EMPLOYEE OF SUCH BUSINESS AT THE
LOCATION WHICH GAVE RISE TO THE VIOLATION, THE SECRETARY OF STATE PURSU-
ANT TO SECTION THREE HUNDRED FOUR OF THE BUSINESS CORPORATION LAW OR  AN
AGENT  DESIGNATED FOR SERVICE PURSUANT TO RULE THREE HUNDRED EIGHTEEN OF
THE CIVIL PRACTICE LAW AND RULES OR SECTION THREE HUNDRED  FIVE  OF  THE
BUSINESS CORPORATION LAW.
  (II)  PROOF  OF SERVICE MADE PURSUANT TO PARAGRAPH EIGHT OR THIS PARA-
GRAPH SHALL BE FILED WITH THE COMMISSIONER WITHIN TWENTY DAYS OF SERVICE
IN THE MANNER PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER  SUCH
FILING.
  (10) For the purposes of this subdivision, no act or practice shall be
deemed  a  deceptive trade practice unless it has been declared a decep-
tive trade practice and described with  reasonable  particularity  in  a
local law or in a rule or regulation promulgated by the commissioner.
  [(4)]  (11)  Notwithstanding  any other inconsistent provision of law,
powers conferred upon the department by this subdivision  may  be  exer-
cised  by  the  office  of administrative trials and hearings consistent

S. 6793                             4

with orders of the mayor issued in accordance with subdivisions two  and
three of section one thousand forty-eight of this charter.  FURTHER, THE
DEPARTMENT,  OR  THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS ACTING
IN  FURTHERANCE  OF  SUCH  ORDERS, MAY ENTER FINAL ORDERS IMPOSING CIVIL
PENALTIES AS JUDGMENTS  AFTER  THE  EFFECTIVE  DATE  OF  SUCH  EXECUTIVE
ORDERS, IF SUCH ORDERS IMPOSING CIVIL PENALTIES OTHERWISE CONFORM TO THE
PROVISIONS OF THIS SUBDIVISION.
  S  3.  This act shall take effect immediately, and shall only apply to
orders issued on or after the such date.

2011-S6793A (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: County Law
Laws Affected:: Amd §918, County L; amd §2203, NYC Chart

2011-S6793A (ACTIVE) - Summary

Relates to docketing of adjudications of violations of laws enforced by the New York city department of consumer affairs.

2011-S6793A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6793A

TITLE OF BILL:
An act
to amend the county law and the New York city charter, in relation to
the docketing of adjudications of violations of laws enforced by the New
York city department of consumer affairs

PURPOSE:
The bill amends the County law and the New York City Charter to
authorize the docketing of final orders issued by the Commissioner of
Consumer Affairs based upon adjudications by the Department's
administrative tribunal. This is a New York City Program Bill Number
'12 DCA #1A that was submitted by the New York City Department of
Consumer Affairs.

SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 4 of section 918 of the County Law to
authorize the docketing of final orders issued by the commissioner of
Consumer Affairs based upon adjudications by the Department's
administrative tribunal.

Section 2: Amends subdivision (g) of section 2203 of the New York City
charter to require the Department to include in its notices of
violations instructions on how the business may plead or contest the
violation and a warning that failure to do so will be deemed an

admission, resulting in a default decision. Further, it requires
that, before a default judgment can be entered, the Department must
notify the business of the default and that the business may request
a stay of the default for good cause. The bill requires that
Department to include in its civil court notices of entry of money
judgments a statement that a business may seek a stay of enforcement
of the judgment for up to forty-five days after entry of the judgment
to settle the matter. The bill also requires that the Department
serve the underlying notice of violation in the manner prescribed by
the Civil Practice Law and Rules (CPLR) or the Business Corporation
Law (BCL) for all respondents that are not licensees of the Department.

For businesses that are licensed by the Department, the bill requires
that the Department serve the violation on an employee of the
licensee at the licensee's place of business.

For businesses which by their nature are carried out at-large and not
at a fixed location or which are located out-of-state, the bill
provides three options for service of the violation. 1.) the
Department serve a licensee or employee of those business at the
location where the violation Occurred, 2.) on the Secretary of State,
or 3.) on an agent designated for service. In all instances, the
Department is also
required to serve the notice of violation by mailing a copy of the
notice to the address the licensee has filed with the Department.

JUSTIFICATION:
New York City Program Bill developed by the NYC Department of Consumer
Affairs. The NYC Department of Consumer Affairs' (DCA) mission is to
ensure a fair and vibrant marketplace for businesses and consumers.
Law-abiding businesses and consumers alike benefit from, and have
every reason to expect, a competitive marketplace, but competition
suffers when some businesses don't play by the rules.

DCA's Administrative Tribunal has the authority to assess fines
against businesses that violate the City's rules that protect a
competitive marketplace. Some businesses readily comply with the law;
others come into compliance and pay the fine; still others ignore the
law entirely.
Existing law does not, however, allow DCA to docket unpaid fines
issued by its Administrative Tribunal as money judgments, without
court proceedings. Currently, fines can be collected only by means of
costly and time-consuming collection efforts and Civil Court
proceedings. As a result, licensees may choose to abandon their
licenses to evade fines, while non-licensees ignore their obligation
to pay. This deprives DCA of the most effective enforcement
mechanism, and the City of much-needed revenue.

By authorizing DCA to directly docket the fines issued by its
Administrative Tribunal, this legislation will give teeth to the
City's laws and rules protecting a competitive and fair marketplace.
At the same time, this legislation includes a number of protections
to ensure businesses have adequate notice of violations and default
judgments and that they are given a fair opportunity to make their
case.

The bill sets strong standards by which an underlying notice of
violations must be served if DCA is to enter a judgment. In setting
forth how business must be served, the bill distinguishes between
businesses by delivering the notice of violation to a person employed
at the place of business which gave rise to the violation. The bill
provides three options to DCA regarding licensed businesses that are
carried out at large or are based out of state. For those businesses,
the bill requires DCA to serve violation on an employee at the
location which gave rise to the violation, or on the Secretary of
State, or on an agent designated for service pursuant to the CPLR or
the Business Corporation Law. For all licensees, DCA must also send a
copy of all notices of violation to the business at the location on
file with the agency pursuant to Administrative Code Section 20-112.
Businesses that are not licensees must be served in accordance with
the Civil Practice Law and Rules or the Business Corporation Law.

To further protect businesses, the bill requires DCA to provide
instructions on how they may plead or contest the violation and a
warning that failure to do so will be deemed an admission, resulting
in a default decision. The bill takes an additional step to protect
businesses by requiring that DCA include in its civil court notices
of entry of money judgments a statement that a business may seek a

stay of enforcement of the judgment for up to forty-five days after
entry of the judgment to settle the matter.

This bill will strengthen government's ability to apply the laws
equally for all businesses and streamline the City's efforts to
collect fines that have been duly assessed, while at the same time
taking numerous steps to ensure businesses are given a fair chance to
contest violations.

LEGISLATIVE HISTORY:
Similar to S.5521. This is New York City's revised bill to supplant
S.5521.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6793A (ACTIVE) - Bill Text download pdf

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

                                 6793--A

                            I N  S E N A T E

                             March 22, 2012
                               ___________

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

AN ACT to amend the county  law  and  the  New  York  city  charter,  in
  relation  to  the  docketing  of  adjudications  of violations of laws
  enforced by the New York city department of consumer affairs

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

  Section  1.  Subdivision  4 of section 918 of the county law, as sepa-
rately amended by chapters 419 and 473 of the laws of 1988,  is  amended
to read as follows:
  4. Any other laws to the contrary notwithstanding, the county clerk in
each  of  the  counties  within  the  city of New York is authorized and
empowered to maintain separate judgment docket  volumes  containing  the
printed transcript or transcripts, in strict alphabetical order of judg-
ment  made,  entered  and docketed in the civil court of the city of New
York against individuals, corporations, and other entities on behalf  of
the parking violations bureau, the environmental control board, the taxi
and  limousine  commission,  THE  DEPARTMENT OF CONSUMER AFFAIRS and the
commissioner of jurors of the city of New York.  These  volumes  may  be
maintained  in  the  form of computer print outs which shall contain the
date of judgment, the  name  and  address  of  the  judgment  debtor  or
debtors,  the  amount  of  the  judgment and other information which the
county clerk may deem necessary to sufficiently describe the parties  to
the  action  or  proceeding  or nature or the manner of the entry of the
judgment. Provided, however, with respect to judgments on behalf of  the
parking   violations  bureau  the  county  clerk  may,  in  his  OR  HER
discretion, in lieu of such volumes, maintain the aforementioned data in
a micrographic or computer retrievable format.   With respect  to  judg-
ments  on  behalf of the parking violations bureau such volumes or other
format shall be maintained pursuant to this subdivision for  only  those
individuals, corporations, and other entities having vehicles registered
in the counties within the city of New York.

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

                                                           LBD11260-03-2

S. 6793--A                          2

  S  2. Subdivision (g) of section 2203 of the New York city charter, as
added by section 15 of question 2 of local law number 60 of the city  of
New York for the year 2010, is amended to read as follows:
  (g) (1) Notwithstanding any inconsistent provision of law, the depart-
ment  shall  be authorized, upon due notice and hearing, to impose civil
penalties for the violation of any laws  or  rules  the  enforcement  of
which  is  within  the  jurisdiction  of the department pursuant to this
charter, the administrative code or any other general, special or  local
law.  The department shall have the power to render decisions and orders
and to impose civil penalties for all such  violations.  Except  to  the
extent  that  dollar  limits  are  otherwise specifically provided, such
civil  penalties  shall  not  exceed  five  hundred  dollars  for   each
violation. All proceedings authorized pursuant to this subdivision shall
be  conducted  in accordance with rules promulgated by the commissioner.
The remedies and penalties provided for in this subdivision shall be  in
addition to any other remedies or penalties provided for the enforcement
of  such  provisions  under any other law including, but not limited to,
civil or criminal actions or proceedings.
  (2) All such proceedings shall be commenced by the service of a notice
of violation. The commissioner shall prescribe the form and  wording  of
notices  of  violation.  The  notice  of  violation or copy thereof when
filled in and served shall constitute notice of the  violation  charged,
and, if sworn to or affirmed, shall be prima facie evidence of the facts
contained  therein.    THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION
ADVISING THE PERSON CHARGED OF THE MANNER AND THE  TIME  IN  WHICH  SUCH
PERSON  MAY  EITHER  ADMIT  OR DENY THE VIOLATION CHARGED IN THE NOTICE.
SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN  A  WARNING  TO  ADVISE  THE
PERSON  CHARGED  THAT  FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN
THE NOTICE MAY RESULT IN A DEFAULT  DECISION  AND  ORDER  BEING  ENTERED
AGAINST  SUCH  PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION
SHALL BE FILED AND RETAINED BY THE DEPARTMENT  AND  SHALL  BE  DEEMED  A
RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS.
  (3)  WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
THE RULES OF THE COMMISSIONER OR HAS FAILED TO APPEAR  ON  A  DESIGNATED
HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE
TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION
OF LIABILITY FOR THE PURPOSES OF THIS VIOLATION AND SHALL BE GROUNDS FOR
RENDERING  A  DEFAULT  DECISION  AND  ORDER IMPOSING A PENALTY UP TO THE
MAXIMUM AMOUNT PRESCRIBED UNDER LAW FOR THE VIOLATION CHARGED.
  (4) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION
WAS HAD BY HEARING OR UPON DEFAULT  OR  OTHERWISE,  SHALL  CONSTITUTE  A
JUDGMENT  THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW YORK
OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN  THE
STATE,  AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME MANNER
AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL ACTIONS.
  (5) THE DEPARTMENT SHALL INCLUDE WITH THE NOTICE OF ENTRY OF THE JUDG-
MENT IT SERVES ON THE RESPONDENT A NOTICE, IN A FORM TO BE DETERMINED BY
THE COMMISSIONER, THAT:
  (I) A JUDGMENT HAS BEEN ENTERED IN THE CIVIL COURT OF THE CITY OF  NEW
YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN
THE STATE OF NEW YORK; AND
  (II)  THE  RESPONDENT  SHALL HAVE THE OPPORTUNITY TO REQUEST A STAY OF
ENFORCEMENT OF THE JUDGMENT FOR  SETTLEMENT  DISCUSSIONS  IN  ACCORDANCE
WITH  THE  RULES  OF  THE DEPARTMENT FOR UP TO FORTY-FIVE DAYS AFTER THE
ENTRY OF THE JUDGMENT.

S. 6793--A                          3

  ENTRY OF A JUDGMENT SHALL NOT LIMIT THE APPLICATION OF ANY OTHER REME-
DIES OR PENALTIES PROVIDED FOR THE ENFORCEMENT OF LAWS  OR  RULES  UNDER
THE JURISDICTION OF THE DEPARTMENT.
  (6)  NOTWITHSTANDING THE FOREGOING PROVISIONS, BEFORE A JUDGMENT BASED
UPON A DEFAULT MAY BE SO ENTERED, THE DEPARTMENT MUST HAVE NOTIFIED  THE
RESPONDENT:
  (I) OF THE DEFAULT DECISION AND ORDER AND PENALTY IMPOSED;
  (II) THAT A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF
NEW  YORK  OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS
WITHIN THE STATE OF NEW YORK; AND
  (III) THAT ENTRY OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING A  STAY
OF  DEFAULT  FOR  GOOD  CAUSE  SHOWN  AND EITHER REQUESTING A HEARING OR
ENTERING A PLEA PURSUANT TO THE RULES OF THE COMMISSIONER WITHIN  THIRTY
DAYS OF THE MAILING OF SUCH NOTICE.
  THE  COMMISSIONER  SHALL  DETERMINE  THE  FORM  OF SUCH NOTICE. IF THE
RESPONDENT IS A LICENSEE, NOTICE SHALL BE PROVIDED BY FIRST  CLASS  MAIL
AT  THE  ADDRESS  THE LICENSEE HAS FILED WITH THE DEPARTMENT PURSUANT TO
SECTION 20-112 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.  FOR
ALL OTHER RESPONDENTS, THE NOTICE SHALL BE SERVED IN THE SAME MANNER SET
FORTH  FOR  SERVICE  OF A NOTICE OF VIOLATION IN PARAGRAPH EIGHT OF THIS
SUBDIVISION.
  (7) A JUDGMENT ENTERED PURSUANT TO PARAGRAPH FOUR OF THIS  SUBDIVISION
SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  (8)  THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
ANT TO PARAGRAPH FOUR OF THIS SUBDIVISION UNLESS THE NOTICE OF VIOLATION
SHALL HAVE BEEN SERVED IN THE SAME MANNER AS IS PRESCRIBED  FOR  SERVICE
OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES OR ARTI-
CLE THREE OF THE BUSINESS CORPORATION LAW OR, FOR LICENSEES, AS PROVIDED
IN PARAGRAPH NINE OF THIS SUBDIVISION.
  (9)  (I) THE DEPARTMENT SHALL SERVE A NOTICE OF VIOLATION BY MAILING A
COPY OF SUCH NOTICE TO THE ADDRESS  THE  LICENSEE  HAS  FILED  WITH  THE
DEPARTMENT  PURSUANT TO SECTION 20-112 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK. THE DEPARTMENT SHALL ALSO SERVE A NOTICE OF  VIOLATION
BY  DELIVERING SUCH NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT AT THE
PREMISES AT WHICH THE RESPONDENT CONDUCTS THE BUSINESS THE OPERATION  OF
WHICH  GAVE  RISE  TO  THE  VIOLATION. IN THE CASE OF A BUSINESS THAT IS
CARRIED OUT AT LARGE AND NOT AT A FIXED PLACE OF BUSINESS  OR  THAT  HAS
FILED  WITH  THE  DEPARTMENT AN OUT-OF-STATE ADDRESS PURSUANT TO SECTION
20-112 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  THE  DEPART-
MENT  SHALL  ALSO  SERVE  A LICENSEE OR EMPLOYEE OF SUCH BUSINESS AT THE
LOCATION WHICH GAVE RISE TO THE VIOLATION, THE SECRETARY OF STATE PURSU-
ANT TO SECTION THREE HUNDRED FOUR OF THE BUSINESS CORPORATION LAW OR  AN
AGENT  DESIGNATED FOR SERVICE PURSUANT TO RULE THREE HUNDRED EIGHTEEN OF
THE CIVIL PRACTICE LAW AND RULES OR SECTION THREE HUNDRED  FIVE  OF  THE
BUSINESS CORPORATION LAW.
  (II)  PROOF  OF SERVICE MADE PURSUANT TO PARAGRAPH EIGHT OR THIS PARA-
GRAPH SHALL BE FILED WITH THE COMMISSIONER WITHIN TWENTY DAYS OF SERVICE
IN THE MANNER PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER  SUCH
FILING.
  (10) For the purposes of this subdivision, no act or practice shall be
deemed  a  deceptive trade practice unless it has been declared a decep-
tive trade practice and described with  reasonable  particularity  in  a
local law or in a rule or regulation promulgated by the commissioner.
  [(4)]  (11)  Notwithstanding  any other inconsistent provision of law,
powers conferred upon the department by this subdivision  may  be  exer-
cised  by  the  office  of administrative trials and hearings consistent

S. 6793--A                          4

with orders of the mayor issued in accordance with subdivisions two  and
three of section one thousand forty-eight of this charter.
  S  3.  This act shall take effect immediately, and shall only apply to
orders issued on or after the such date.

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Senate Bill S6793A

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Local Government Committee

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Bill Amendments

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2011-S6793A (ACTIVE) - Bill Text download pdf

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