Bill Text: NY S06727 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that in any proceeding alleging a muni-meter violation, it shall be an affirmative defense that the person summoned did in fact purchase muni-meter ticket prior to or contemporaneously with the issuance of the summons.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2012-10-03 - SIGNED CHAP.486 [S06727 Detail]

Download: New_York-2011-S06727-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6727
                                   I N  S E N A T E
                                    March 14, 2012
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation  to  muni-meter
         receipts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 241-b to read as follows:
    3    S  241-B. MUNI-METER RECEIPTS; AFFIRMATIVE DEFENSE. IN ANY PROSECUTION
    4  OR PROCEEDING ALLEGING A MUNI-METER PARKING VIOLATION, IT  SHALL  BE  AN
    5  AFFIRMATIVE  DEFENSE  TO SUCH VIOLATION, WITH THE BURDEN OF PROOF ON THE
    6  PERSON WHO RECEIVED THE SUMMONS, THAT HE OR SHE DID IN FACT  PURCHASE  A
    7  MUNI-METER  TICKET  PRIOR  TO  OR UP TO FIVE MINUTES THEREAFTER FROM THE
    8  ISSUANCE OF THE SUMMONS AND THAT THE RECEIPT IS VALID  FOR  USE  AT  THE
    9  LOCATION  WHERE  SUCH  SUMMONS WAS ISSUED.  SUCH DEFENSE SHALL BE DEEMED
   10  ESTABLISHED IF SUCH PERSON PRODUCES THE ACTUAL MUNI-METER RECEIPT  OR  A
   11  COPY THEREOF AT SUCH PROSECUTION OR PROCEEDING. FOR THE PURPOSES OF THIS
   12  SECTION,  "MUNI-METER"  SHALL  MEAN  AN  ELECTRONIC  PARKING  METER THAT
   13  DISPENSES TIMED RECEIPTS THAT MUST BE DISPLAYED IN A  CONSPICUOUS  PLACE
   14  ON A VEHICLE'S DASHBOARD.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14586-04-2