Bill Text: NY A03914 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 3914 (Prior Session Legislation)

Introduced

Bill Title: Relates to the adjudication of parking infractions.

Spectrum: Moderate Partisan Bill (Democrat 19-3)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A03914 Detail]

Download: New_York-2019-A03914-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          3914
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1.    Subdivision 2 of section 240 of the vehicle and traffic
     2  law is amended by adding a new paragraph h to read as follows:
     3    h.  (i) in every instance, the state of New York  mandatory  surcharge
     4  shall  be  paid  by  the respondent or operator unless a hearing officer
     5  dismisses the notice of violation;
     6    (ii) a notice of violation shall only be reduced or dismissed with the
     7  express written determination of a hearing examiner upon completion of a
     8  hearing based specifically on the merits presented by the respondent for
     9  each violation a respondent is charged with;
    10    (iii) when a respondent or operator is issued a notice  of  violation,
    11  the respondent or their representative shall be given the opportunity to
    12  exercise the option to have a hearing on the merits on a ticket by tick-
    13  et basis; and
    14    (iv) the hearing examiner shall write out his or her determination and
    15  the actual basis in law for his or her particular rationale for a guilty
    16  or  not  guilty  decision,  so  respondents are fully informed as to the
    17  basis for the underlying decision and from which the respondent may take
    18  an appeal. The respondent or his or her representative  may  waive  this
    19  requirement  on  a  ticket  by  ticket basis, on the record, by doing so
    20  orally or in writing.
    21    § 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