Bill Text: NY A01445 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 1445

Introduced

Bill Title: Relates to the adjudication of parking infractions.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced) 2024-01-03 - referred to transportation [A01445 Detail]

Download: New_York-2023-A01445-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          1445

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. WEPRIN, LAVINE, STECK, DINOWITZ, ZEBROWSKI, DAVI-
          LA, DICKENS, SANTABARBARA -- Multi-Sponsored by -- M. of A. 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.
                                                                   LBD01480-01-3