S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8787
 
                             I N  S E N A T E
 
                               July 15, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the county  law  and  the  New  York  city  charter,  in
   relation  to  the  docketing of adjudications of certain 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, PROVIDED THAT THE  JUDG-
 MENTS  MADE,  ENTERED AND DOCKETED IN THE CIVIL COURT OF THE CITY OF NEW
 YORK AGAINST INDIVIDUALS, CORPORATIONS, AND OTHER ENTITIES ON BEHALF  OF
 THE  DEPARTMENT  OF CONSUMER AFFAIRS SHALL BE LIMITED TO FINAL DECISIONS
 AND ORDERS THAT EITHER (A) AWARD RESTITUTION, OR MONETARY DAMAGES, TO  A
 CONSUMER  OR WORKER; OR (B) AWARD SUCH RESTITUTION, OR MONETARY DAMAGES,
 TO A CONSUMER OR WORKER, TOGETHER  WITH  CIVIL  PENALTIES  OR  EQUITABLE
 RELIEF.    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 judg-
 ments on behalf of the parking violations bureau the] 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13287-08-0

 S. 8787                             2
 
 With  respect  to  judgments  on behalf of the parking violations bureau
 such volumes or other format shall be maintained pursuant to this subdi-
 vision for only those  individuals,  corporations,  and  other  entities
 having vehicles registered in the counties within the city of New York.
   § 2. Section 918 of the county law is amended by adding a new subdivi-
 sion 5 to read as follows:
   5.  ANY  OTHER LAWS TO THE CONTRARY NOTWITHSTANDING, THE DEPARTMENT OF
 CONSUMER AFFAIRS MAY FILE A CERTIFIED COPY  OF  THE  FINAL  DECISION  OR
 ORDER  OF  SUCH  DEPARTMENT,  PROVIDED THAT SUCH FINAL DECISION OR ORDER
 EITHER: (A) AWARDS RESTITUTION, OR MONETARY DAMAGES, TO  A  CONSUMER  OR
 WORKER;  OR  (B)  AWARDS  SUCH  RESTITUTION,  OR  MONETARY DAMAGES, TO A
 CONSUMER OR WORKER TOGETHER WITH CIVIL PENALTIES  OR  EQUITABLE  RELIEF,
 WITH  THE COUNTY CLERK OF ANY COUNTY WITHIN THE CITY OF NEW YORK WHERE A
 RESPONDENT RESIDES OR HAS A PLACE OF BUSINESS, OR, IF THE RESPONDENT  IS
 A  NON-RESIDENT  OF  THE  CITY  OF NEW YORK AND NO LONGER HAS A PLACE OF
 BUSINESS WITHIN THE CITY OF NEW YORK AT THE TIME SUCH  DEPARTMENT  SEEKS
 TO FILE SUCH CERTIFIED COPY, THE DEPARTMENT OF CONSUMER AFFAIRS MAY FILE
 SUCH  CERTIFIED  COPY  OF  SUCH  FINAL DECISION OR ORDER WITH THE COUNTY
 CLERK OF THE COUNTY IN WHICH  THE  DEPARTMENT  OF  CONSUMER  AFFAIRS  IS
 LOCATED.    SUCH  CONSUMER  OR  WORKER MAY FILE A CERTIFIED COPY OF SUCH
 FINAL DECISION OR ORDER PROVIDED THAT SUCH PERSON HAS BEEN ASSIGNED SUCH
 FINAL DECISION OR ORDER OR A PORTION OF SUCH  FINAL  DECISION  OR  ORDER
 AUTHORIZING  RESTITUTION, IMPOSING MONETARY DAMAGES OR PROVIDING EQUITA-
 BLE RELIEF TO SUCH PERSON.  THE FILING OF SUCH FINAL DECISION  OR  ORDER
 SHALL  HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE
 OFFICE OF SUCH CLERK. THE FINAL DECISION OR ORDER MAY BE ENFORCED BY AND
 IN THE NAME OF THE DEPARTMENT, OR BY A PERSON WHO HAS BEEN ASSIGNED SUCH
 DECISION OR ORDER OR A PORTION THEREOF, IN THE SAME MANNER AND WITH LIKE
 EFFECT AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND  RULES  FOR  THE
 ENFORCEMENT OF A MONEY JUDGMENT.
   §  3. Subdivision (h) of section 2203 of the New York city charter, as
 amended by local law number 46 of the city of  New  York  for  the  year
 2013, is amended to read as follows:
   (h) (1) Notwithstanding any inconsistent provision of law, the depart-
 ment  shall  be authorized, upon due notice and hearing, to impose civil
 penalties for, AND TO ORDER RESTITUTION  OR  OTHER  FORMS  OF  EQUITABLE
 RELIEF,  AND  PAYMENT  OF  MONETARY  DAMAGES, TO A CONSUMER OR WORKER IN
 CONNECTION WITH 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,  and  to  order
 equitable  relief for and payment of monetary damages in connection with
 enforcement of chapter 8 of title 20 of the administrative code.  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,

 S. 8787                             3
 
 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  OF A
 VIOLATION, SUCH FAILURE TO PLEAD OR APPEAR  SHALL  BE  DEEMED,  FOR  ALL
 PURPOSES,  TO  BE  AN  ADMISSION  OF  LIABILITY FOR THE PURPOSES OF SUCH
 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. FOR PURPOSES OF THIS SUBDIVISION, "DESIGNATED
 VIOLATION" MEANS:
   (A) ANY VIOLATION OF TITLE 20 OF THE ADMINISTRATIVE CODE OR OF ANY LAW
 OR RULE, THE ENFORCEMENT OF WHICH IS  WITHIN  THE  JURISDICTION  OF  THE
 DEPARTMENT,  TO  THE EXTENT ANY FINAL DECISION OR ORDER RELATING TO SUCH
 VIOLATION AUTHORIZES RESTITUTION, IMPOSES AN AWARD OF  MONETARY  DAMAGES
 OR PROVIDES EQUITABLE RELIEF TO A CONSUMER OR A WORKER;
   (B)  ANY  VIOLATION  OF  SUBCHAPTERS 1, 7, 11, 22, 29, 30, 31 OR 35 OF
 CHAPTER 2 OF TITLE 20 OF THE ADMINISTRATIVE CODE OR OF CHAPTERS 8 OR  12
 OF  TITLE  20  OF  THE  ADMINISTRATIVE  CODE OR OF ARTICLE ELEVEN OF THE
 GENERAL BUSINESS LAW, INCLUDING ANY  RULES  OR  REGULATIONS  PROMULGATED
 THEREUNDER,  TO  THE EXTENT ANY FINAL DECISION OR ORDER RELATING TO SUCH
 VIOLATION IMPOSES BOTH CIVIL PENALTIES AND RESTITUTION, MONETARY DAMAGES
 OR EQUITABLE RELIEF TO A CONSUMER OR A WORKER; OR
   (C) ANY VIOLATION OF SUBCHAPTERS 1, 8 OR 14-A OF CHAPTER 5 OF TITLE 20
 OF THE ADMINISTRATIVE CODE, INCLUDING ANY RULES PROMULGATED  UNDER  SUCH
 SUBCHAPTERS,  TO THE EXTENT ANY FINAL DECISION OR ORDER RELATING TO SUCH
 VIOLATION IMPOSES CIVIL PENALTIES FOR TWO OR  MORE  VIOLATIONS  AND  THE
 AGGREGATE  PENALTY FOR SUCH VIOLATIONS EXCEEDS FIVE THOUSAND DOLLARS AND
 THE FINAL DECISION OR ORDER IMPOSES  RESTITUTION,  MONETARY  DAMAGES  OR
 EQUITABLE RELIEF TO A CONSUMER.
   (4)  AT  THE  REQUEST  OF A CONSUMER OR A WORKER, THE DEPARTMENT SHALL
 ASSIGN, WITHOUT CONSIDERATION OR LIABILITY, A FINAL DECISION  OR  ORDER,
 PROVIDED  THAT  SUCH  DECISION  OR  ORDER SOLELY AUTHORIZES RESTITUTION,
 IMPOSES AN AWARD OF MONETARY DAMAGES OR  PROVIDES  EQUITABLE  RELIEF  TO
 SUCH CONSUMER OR A WORKER, OR THAT PORTION OF SUCH AWARD THAT AUTHORIZES
 RESTITUTION,  IMPOSES AN AWARD OF MONETARY DAMAGES OR PROVIDES EQUITABLE
 RELIEF TO SUCH CONSUMER OR A WORKER. AFTER SUCH ASSIGNMENT, THE  DEPART-
 MENT  SHALL  NOT  BE REQUIRED TO TAKE ANY FURTHER ACTION TO ENFORCE SUCH
 RESTITUTION, AWARD OF MONETARY  DAMAGES  OR  EQUITABLE  RELIEF  TO  SUCH
 CONSUMER.
   (5) ANY FINAL DECISION OR ORDER OF THE DEPARTMENT RELATING TO A DESIG-
 NATED  VIOLATION,  WHETHER  THE  ADJUDICATION WAS HAD BY HEARING OR UPON
 DEFAULT OR OTHERWISE, SHALL CONSTITUTE A JUDGMENT THAT  MAY  BE  ENTERED
 AND  DOCKETED  IN  THE  CIVIL COURT OF THE CITY OF NEW YORK OR ANY OTHER
 PLACE PROVIDED FOR THE ENTRY AND DOCKETING OF CIVIL JUDGMENTS WITHIN THE
 STATE AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE  SAME  MANNER
 AS  THE  ENFORCEMENT  OF  MONEY  JUDGMENTS ENTERED AND DOCKETED IN CIVIL
 ACTIONS.

 S. 8787                             4
 
   (6) NOTWITHSTANDING PARAGRAPH FIVE OF THIS SUBDIVISION, BEFORE A JUDG-
 MENT BASED UPON A DEFAULT MAY BE SO ENTERED AND DOCKETED, THE DEPARTMENT
 MUST HAVE NOTIFIED THE RESPONDENT IN ACCORDANCE WITH THIS PARAGRAPH. THE
 COMMISSIONER SHALL DETERMINE THE FORM OF SUCH NOTICE. IF THE  RESPONDENT
 IS A LICENSEE OF THE DEPARTMENT, NOTICE SHALL BE PROVIDED BY FIRST CLASS
 MAIL  OR  HAND  DELIVERY  TO THE ADDRESS THE LICENSEE HAS FILED WITH THE
 DEPARTMENT PURSUANT TO SECTION 20-112 OF THE  ADMINISTRATIVE  CODE.  FOR
 ALL OTHER RESPONDENTS, THE NOTICE SHALL BE SERVED BY FIRST CLASS MAIL OR
 HAND DELIVERY TO THE ADDRESS WHERE THE DECISION OR ORDER WAS SENT TO THE
 RESPONDENT BY THE DEPARTMENT. SUCH NOTICE SHALL STATE THAT:
   (A)  A DECISION AND ORDER OF DEFAULT WAS ISSUED AGAINST THE RESPONDENT
 BY THE DEPARTMENT AND THE AMOUNTS OF THE PENALTY, RESTITUTION, OR  OTHER
 MONETARY RELIEF IMPOSED;
   (B)  A JUDGMENT WILL BE ENTERED AND DOCKETED 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
   (C)  ENTRY AND DOCKETING OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING
 A STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND EITHER REQUESTING A NEW HEAR-
 ING OR ENTERING A PLEA PURSUANT TO APPLICABLE RULES WITHIN  THIRTY  DAYS
 OF THE MAILING OR HAND DELIVERY DATE OF SUCH NOTICE.
   (7)  THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
 ANT TO THIS SUBDIVISION UNLESS THE NOTICE OF VIOLATION SHALL  HAVE  BEEN
 SERVED AS FOLLOWS:
   (A)  FOR  ANY  RESPONDENT  THAT  IS  A LICENSEE OF THE DEPARTMENT, THE
 DEPARTMENT SHALL SERVE A NOTICE OF VIOLATION OF A  DESIGNATED  VIOLATION
 IN ONE OF THE FOLLOWING WAYS:
   (I)  BY  MAILING A COPY OF SUCH NOTICE TO THE ADDRESS THE LICENSEE HAS
 FILED WITH THE DEPARTMENT PURSUANT TO SECTION 20-112 OF THE  ADMINISTRA-
 TIVE CODE; OR
   (II)  BY PERSONALLY SERVING THE RESPONDENT OR DELIVERING THE NOTICE OF
 VIOLATION TO A PERSON OF SUITABLE AGE AND  DISCRETION  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  BUSI-
 NESS  OR  THAT  HAS  FILED  WITH  THE DEPARTMENT AN OUT-OF-STATE ADDRESS
 PURSUANT TO SECTION 20-112 OF THE ADMINISTRATIVE  CODE,  THE  DEPARTMENT
 SHALL ALSO SERVE A LICENSEE OR EMPLOYEE OF SUCH BUSINESS AT THE LOCATION
 WHICH  GAVE  RISE  TO  THE VIOLATION, THE SECRETARY OF STATE PURSUANT 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  BUSI-
 NESS CORPORATION LAW.
   (B)  FOR  ANY RESPONDENT THAT IS NOT A LICENSEE OF THE DEPARTMENT, THE
 DEPARTMENT SHALL SERVE A NOTICE OF VIOLATION OF A  DESIGNATED  VIOLATION
 IN ONE OF THE FOLLOWING WAYS:
   (I)  BY SERVING THE RESPONDENT IN THE SAME MANNER AS IS PRESCRIBED FOR
 SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND  RULES
 OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW;
   (II)  BY  DELIVERING  SUCH  NOTICE  TO  A  PERSON  OF SUITABLE AGE AND
 DISCRETION EMPLOYED BY THE RESPONDENT AT THE PREMISES WHERE THE RESPOND-
 ENT IS OPERATING;
   (III) BY AFFIXING SUCH NOTICE IN A CONSPICUOUS PLACE TO  THE  PREMISES
 WHERE  THE  RESPONDENT  IS OPERATING AND DELIVERING SUCH NOTICE BY FIRST
 CLASS MAIL TO THE ADDRESS OF SUCH PREMISES;

 S. 8787                             5
 
   (IV)  BY  SENDING  SUCH  NOTICE  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
 REQUESTED,  TO  THE  RESPONDENT'S  LAST KNOWN BUSINESS ADDRESS, PROVIDED
 THAT DELIVERY OF SUCH NOTICE SHALL BE RESTRICTED TO THE RESPONDENT; OR
   (V)  BY  SENDING  SUCH  NOTICE  BY ELECTRONIC MAIL TO THE RESPONDENT'S
 ELECTRONIC MAIL ADDRESS,  PROVIDED  THAT  THE  DEPARTMENT  HAS  RECEIVED
 COMMUNICATION FROM SUCH ELECTRONIC MAIL ADDRESS IN THE ONE YEAR PRIOR TO
 THE ELECTRONIC MAILING OF SUCH NOTICE, AND PROVIDED FURTHER THAT SERVICE
 IN THE MANNER PRESCRIBED BY CLAUSES (I) THOUGH (IV) OF THIS SUBPARAGRAPH
 ARE IMPRACTICABLE.
   (8)  SERVICE BY CERTIFIED MAIL PURSUANT TO CLAUSE (IV) OF SUBPARAGRAPH
 B OF PARAGRAPH SEVEN OF THIS SUBDIVISION SHALL BE DEEMED  COMPLETE  UPON
 THE  MAILING OF THE NOTICE OF VIOLATION DESCRIBED IN SUCH CLAUSE, UNLESS
 THE NOTICE OF VIOLATION IS RETURNED TO THE SENDER BY THE  UNITED  STATES
 POSTAL  SERVICE  FOR ANY REASON OTHER THAN REFUSAL OF DELIVERY.  SERVICE
 BY ELECTRONIC MAIL PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH B OF PARAGRAPH
 SEVEN OF THIS SUBDIVISION SHALL BE DEEMED COMPLETE UPON  THE  ELECTRONIC
 MAILING  OF  THE NOTICE OF VIOLATION DESCRIBED IN SUCH CLAUSE UNLESS THE
 DEPARTMENT RECEIVES AN ELECTRONIC MESSAGE THAT ITS ELECTRONIC MAILING OF
 THE NOTICE OF VIOLATION WAS UNDELIVERABLE.
   (9) PROOF OF SERVICE MADE PURSUANT TO PARAGRAPH SEVEN OF THIS SUBDIVI-
 SION SHALL BE MAINTAINED BY, AND PRESERVED WITHIN, THE DEPARTMENT FOR AT
 LEAST SIX YEARS FOLLOWING THE DATE OF THE FINAL DECISION OR ORDER RELAT-
 ING TO THE ADJUDICATION OF THE SUBJECT NOTICE OF VIOLATION.
   (10) ENTRY AND DOCKETING OF A JUDGMENT SHALL NOT LIMIT THE APPLICATION
 OF ANY OTHER REMEDIES OR PENALTIES PROVIDED FOR THE ENFORCEMENT OF  LAWS
 OR RULES UNDER THE JURISDICTION OF THE DEPARTMENT.
   (11) 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)]  (12)  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
 with orders of the mayor issued in accordance with subdivisions two  and
 three of section one thousand forty-eight of this charter.
   §  4.  This  act shall take effect immediately and shall only apply to
 decisions or orders issued on or after such effective date.