Senate Bill S5179

2017-2018 Legislative Session

Relates to the adjudication of parking infractions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation 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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2017-S5179 (ACTIVE) - Details

See Assembly Version of this Bill:
A5452
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §240, V & T L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8006
2019-2020: A3914
2021-2022: A8937
2023-2024: A1445

2017-S5179 (ACTIVE) - Summary

Relates to the adjudication of parking infractions.

2017-S5179 (ACTIVE) - Sponsor Memo

2017-S5179 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5179
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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 the  adjudi-
   cation of parking infractions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2 of section 240 of the  vehicle  and  traffic
 law is amended by adding a new paragraph h to read as follows:
   H.    (I) IN EVERY INSTANCE, THE STATE OF NEW YORK MANDATORY SURCHARGE
 SHALL BE PAID BY THE RESPONDENT OR OPERATOR  UNLESS  A  HEARING  OFFICER
 DISMISSES THE NOTICE OF VIOLATION;
   (II) A NOTICE OF VIOLATION SHALL ONLY BE REDUCED OR DISMISSED WITH THE
 EXPRESS WRITTEN DETERMINATION OF A HEARING EXAMINER UPON COMPLETION OF A
 HEARING BASED SPECIFICALLY ON THE MERITS PRESENTED BY THE RESPONDENT FOR
 EACH VIOLATION A RESPONDENT IS CHARGED WITH;
   (III)  WHEN  A RESPONDENT OR OPERATOR IS ISSUED A NOTICE OF VIOLATION,
 THE RESPONDENT OR THEIR REPRESENTATIVE SHALL BE GIVEN THE OPPORTUNITY TO
 EXERCISE THE OPTION TO HAVE A HEARING ON THE MERITS ON A TICKET BY TICK-
 ET BASIS; AND
   (IV) THE HEARING EXAMINER SHALL WRITE OUT HIS OR HER DETERMINATION AND
 THE ACTUAL BASIS IN LAW FOR HIS OR HER PARTICULAR RATIONALE FOR A GUILTY
 OR NOT GUILTY DECISION, SO RESPONDENTS ARE  FULLY  INFORMED  AS  TO  THE
 BASIS FOR THE UNDERLYING DECISION AND FROM WHICH THE RESPONDENT MAY TAKE
 AN  APPEAL.  THE  RESPONDENT OR HIS OR HER REPRESENTATIVE MAY WAIVE THIS
 REQUIREMENT ON A TICKET BY TICKET BASIS, ON  THE  RECORD,  BY  DOING  SO
 ORALLY OR IN WRITING.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09701-01-7

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