senate Bill S5000A

Signed By Governor
2013-2014 Legislative Session

Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau

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Archive: Last Bill Status Via A7328 - 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
Jul 31, 2013 signed chap.232
Jul 19, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
home rule request
3rd reading cal.758
substituted for s5000a
Jun 20, 2013 substituted by a7328a
Jun 11, 2013 amended on third reading (t) 5000a
May 29, 2013 advanced to third reading
May 23, 2013 2nd report cal.
May 22, 2013 1st report cal.758
May 03, 2013 referred to local government

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5000 - Bill Details

See Assembly Version of this Bill:
A7328A
Law Section:
General Municipal Law
Laws Affected:
Amd §380, Gen Muni L

S5000 - Bill Texts

view summary

Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau.

view sponsor memo
BILL NUMBER:S5000

TITLE OF BILL: An act to amend the general municipal law and the
vehicle and traffic law, in relation to authorizing the city of
Yonkers to merge the functions of its parking violations bureau and
administrative adjudication bureau

PURPOSE OR GENERAL IDEA OF BILL: To allow the city of Yonkers to
merge the functions of its parking violations bureau and
administrative adjudication bureau.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Subdivision 2 of Section 380 of the
general municipal law, as added by chapter 392 of the laws of 2012 to
allow the city of Yonkers to adopt a local law to include parking
violations under the administrative adjudication hearing procedure.

Section 2 of the bill amends Section 236 of the vehicle and traffic
law by adding a new Subdivision 4-a to allow the city of Yonkers to
adopt a local law for the administrative adjudication of all parking
violations.

JUSTIFICATION: Currently, the City of Yonkers adjudicates its code
violations through the Yonkers City Court, which is overburdened with
criminal and housing matters. In an effort to alleviate this burden,
the City requested legislation from the State authorizing the
establishment of an administrative adjudication bureau (AAB) pursuant
to Article 14-BB of the GML to manage these quality of life/code
violations in a more efficient manner.

This legislation was approved in the 2012 legislative session. Upon
comprehensive analysis of the proposed local implementation of the
AAB, it was discovered that the Yonkers Parking Violations Bureau and
the AAB, unless merged administratively, would function as two
distinct but wholly duplicative administrative agencies, performing
identical functions throughout the enforcement process. This
legislation offers the City of Yonkers the option of combining these
administrative functions in a manner which will provide consistency
and clarity to the residents and businesses it serves, and provide an
efficient one-stop tribunal to manage and enforce all administrative
violations generated in the City of Yonkers, excepting those Fire and
Building Code violations which tend to be public safety-focused and
could involve criminal penalties.

LEGISLATIVE HISTORY: New Bill - 2013

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5000

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

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

AN ACT to amend the general municipal law and the  vehicle  and  traffic
  law, in relation to authorizing the city of Yonkers to merge the func-
  tions of its parking violations bureau and administrative adjudication
  bureau

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

  Section 1. Subdivision 2 of section 380 of the general municipal  law,
as  added  by  chapter  392  of  the laws of 2012, is amended to read as
follows:
  2. The city of Yonkers may adopt a local law establishing an  adminis-
trative  adjudication  hearing  procedure  under  the provisions of this
article for all code and ordinance  violations  relating  to  conditions
which  constitute  a  threat  or  danger to the public health, safety or
welfare, AND FOR ALL PARKING  VIOLATIONS  OF  THE  CITY  OF  YONKERS  AS
PROVIDED  FOR IN ARTICLE TWO-B OF THE VEHICLE AND TRAFFIC LAW, provided,
however, that such administrative adjudication hearing  procedure  shall
not  apply  to  violations  of the FIRE AND building code of the city of
Yonkers.
  S 2. Section 236 of the vehicle and traffic law, is amended by  adding
a new subdivision 4-a to read as follows:
  4-A.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  ANY  GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF YONKERS MAY PROVIDE BY
LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF ALL PARKING  VIOLATIONS
OF  THE  CITY OF YONKERS IN THE MANNER PROVIDED FOR PURSUANT TO SUBDIVI-
SION TWO OF SECTION THREE HUNDRED EIGHTY OF THE GENERAL MUNICIPAL LAW.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10720-01-3

S5000A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7328A
Law Section:
General Municipal Law
Laws Affected:
Amd §380, Gen Muni L

S5000A (ACTIVE) - Bill Texts

view summary

Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau.

view sponsor memo
BILL NUMBER:S5000A

TITLE OF BILL: An act to amend the general municipal law, in relation
to authorizing the city of Yonkers to merge the functions of its
parking violations bureau and administrative adjudication bureau

PURPOSE OR GENERAL IDEA OF BILL:

To allow the city of Yonkers to merge the functions of its parking
violations bureau and administrative adjudication bureau.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Subdivision 2 of Section 380 of the
general municipal law, as added by chapter 392 of the laws of 2012 to
allow the city of Yonkers to adopt a local law to include parking
violations under the administrative adjudication hearing procedure.

Section 2 of the bill amends Section 236 of the vehicle and traffic
law by adding a new Subdivision 4-a to allow the city of Yonkers to
adopt a local law for the administrative adjudication of all parking
violations.

JUSTIFICATION:

Currently, the City of Yonkers adjudicates its code violations through
the Yonkers City Court, which is overburdened with criminal and
housing matters. In an effort to alleviate this burden, the City
requested legislation from the State authorizing the establishment of
an administrative adjudication bureau (AAB) pursuant to Article 14-BB
of the GNL to manage these quality of life/code violations in a more
efficient manner.

This legislation was approved in the 2012 legislative session. Upon
comprehensive analysis of the proposed local implementation of the
AAB, it was discovered that the Yonkers Parking Violations Bureau and
the AAB, unless merged administratively, would function as two
distinct but wholly duplicative administrative agencies, performing
identical functions throughout the enforcement process. This
legislation offers the City of Yonkers the option of combining these
administrative functions in a manner which will provide consistency
and clarity to the residents and businesses it serves, and provide an
efficient one-stop tribunal to manage and enforce all administrative
violations generated in the City of Yonkers, excepting those Fire and
Building Code violations which tend to be public safety-focused and
could involve criminal penalties.

LEGISLATIVE HISTORY:

New Bill - 2013

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
________________________________________________________________________

                                 5000--A
    Cal. No. 758

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local  Government
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the general municipal law, in  relation  to  authorizing
  the  city  of Yonkers to merge the functions of its parking violations
  bureau and administrative adjudication bureau

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

  Section  1. Subdivision 2 of section 380 of the general municipal law,
as added by chapter 392 of the laws of  2012,  is  amended  to  read  as
follows:
  2.  The city of Yonkers may adopt a local law establishing an adminis-
trative adjudication hearing procedure  under  the  provisions  of  this
article  for  all  code  and ordinance violations relating to conditions
which constitute a threat or danger to  the  public  health,  safety  or
welfare,  provided, however, that such administrative adjudication hear-
ing procedure shall not apply to violations of the building code of  the
city  of  Yonkers.   SUCH ADMINISTRATIVE ADJUDICATION BUREAU ESTABLISHED
PURSUANT TO THIS SUBDIVISION MAY ALSO PROVIDE FOR THE HEARING AND DETER-
MINATION OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR  STOP-
PING  VIOLATIONS,  PROVIDED  THAT THE PROVISIONS OF ARTICLE TWO-B OF THE
VEHICLE AND TRAFFIC LAW SHALL APPLY TO SUCH HEARING AND DETERMINATIONS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10720-03-3

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