S T A T E O F N E W Y O R K
________________________________________________________________________
8191
2021-2022 Regular Sessions
I N A S S E M B L Y
August 25, 2021
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the general construction law, the transportation law,
the vehicle and traffic law and the personal property law, in relation
to designating September eleventh as a public holiday
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 24 of the general construction law, as amended by
chapter 249 of the laws of 2020, is amended to read as follows:
§ 24. Public holidays; half-holidays. The term public holiday includes
the following days in each year: the first day of January, known as New
Year's day; the third Monday of January, known as Dr. Martin Luther
King, Jr. day; the twelfth day of February, known as Lincoln's birthday;
the third Monday in February, known as Washington's birthday; the last
Monday in May, known as Memorial day; the second Sunday in June, known
as Flag day; the nineteenth day of June, known as Juneteenth; the fourth
day of July, known as Independence day; the first Monday in September,
known as Labor day; THE ELEVENTH DAY OF SEPTEMBER, KNOWN AS SEPTEMBER
11TH MEMORIAL AND REMEMBRANCE DAY; the second Monday in October, known
as Columbus day; the eleventh day of November, known as Veterans' day;
the fourth Thursday in November, known as Thanksgiving day; and the
twenty-fifth day of December, known as Christmas day, and if any of such
days except Flag day is Sunday, the next day thereafter; each general
election day, and each day appointed by the president of the United
States or by the governor of this state as a day of general thanksgiv-
ing, general fasting and prayer, or other general religious observances.
The term half-holiday includes the period from noon to midnight of each
Saturday which is not a public holiday.
§ 2. Subparagraph (i) of paragraph (e) of subdivision 4 of section
14-f of the transportation law, as amended by chapter 173 of the laws of
1990, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11838-01-1
A. 8191 2
(i) Any complaint issued for an equipment violation, except for a
violation involving an out-of-service defect or except for a violation
involving the operation of any motor vehicle after it has been placed
out of service, shall be dismissed by the court before such summons is
returnable if the violation as set forth in the summons is corrected not
later than one-half hour after sunset on the first full business day
after the issuance of the summons and proof of such correction as set
forth in subparagraph (ii) of this paragraph is submitted to the court.
For the purposes of this subparagraph, "business day" shall mean any
calendar day except Sunday, or the following business holidays: New
Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
Day, SEPTEMBER 11TH MEMORIAL AND REMEMBRANCE DAY, Columbus Day, Veter-
ans' Day, Thanksgiving Day and Christmas Day.
§ 3. Item (a) of subparagraph (iv) of paragraph c of subdivision 2 of
section 140 of the transportation law, as separately amended by chapters
369 and 654 of the laws of 1994, such paragraph as relettered by section
6 of part G of chapter 58 of the laws of 2012, is amended to read as
follows:
(a) Any complaint issued for an equipment violation, except for a
violation involving an out-of-service defect relating to load secure-
ment, brake systems, steering components and/or coupling devices or
except for a violation involving the operation of any motor vehicle
after it has been placed out-of-service, shall be dismissed by the court
before such summons is returnable if the violation as set forth in the
summons is corrected not later than one-half hour after sunset on the
first full business day, or if such complaint involves a farm vehicle
registered pursuant to subdivision thirteen of section four hundred one
of the vehicle and traffic law and operated in conformance with the
terms of such registration, not later than one-half hour after sunset on
the third full business day after the issuance of the summons and proof
of such correction as set forth in item (b) of this subparagraph is
submitted to the court. For the purposes of this subparagraph, "business
day" shall mean any calendar day except Sunday, or the following busi-
ness holidays: New Year's Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, SEPTEMBER 11TH MEMORIAL AND REMEMBRANCE
DAY, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.
§ 4. Subdivision 4 of section 376-a of the vehicle and traffic law, as
amended by chapter 302 of the laws of 2013, is amended to read as
follows:
4. Any complaint issued for any violation of section three hundred
seventy-five, three hundred seventy-six or three hundred eighty-one of
this article relative to required equipment, except a violation
described in subdivision two of this section, subdivision forty-seven of
section three hundred seventy-five of this article, and except for a
violation relating to service brakes, shall be dismissed by the court
before which the summons is returnable if the violation as set forth in
the summons is corrected not later than one-half hour after sunset on
the first full business day after the issuance of the summons and proof
of such correction as set forth in subdivision five of this section is
submitted to the court. For the purposes of this subdivision, "business
day" shall mean any calendar day except Saturday and Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, SEPTEMBER 11TH MEMORIAL AND
REMEMBRANCE DAY, Columbus Day, Veterans' Day, Thanksgiving Day, and
Christmas Day.
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§ 5. Subdivision 6 of section 426 of the personal property law, as
added by chapter 659 of the laws of 1976, is amended to read as follows:
6. "Business day" shall mean any calendar day except Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, SEPTEMBER 11TH MEMORIAL AND
REMEMBRANCE DAY, Columbus Day, Veterans' Day, Thanksgiving Day, and
Christmas Day.
§ 6. Subdivision 7 of section 441 of the personal property law, as
added by chapter 326 of the laws of 1995, is amended to read as follows:
7. "Business day" shall mean any calendar day except Sunday, or the
following business holidays: New Year's Day, Martin Luther King Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
SEPTEMBER 11TH MEMORIAL AND REMEMBRANCE DAY, Columbus Day, Veterans Day,
Thanksgiving Day, and Christmas Day.
§ 7. This act shall take effect immediately.