S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3914
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN, LAVINE, QUART, MOSLEY, BLAKE, STECK,
   DINOWITZ,  ZEBROWSKI,  MONTESANO,  ABINANTI,   M. G. MILLER,   DAVILA,
   BARRON,  DICKENS,  FERNANDEZ, SANTABARBARA -- Multi-Sponsored by -- M.
   of A. BRABENEC, CRESPO, LENTOL, McDONOUGH,  SIMON  --  read  once  and
   referred 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.
                                                            LBD08416-01-9