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A01702 Summary:

BILL NOA01702
 
SAME ASSAME AS S00081
 
SPONSORWeprin (MS)
 
COSPNSRLavine, Steck, Dinowitz, Davila, Santabarbara, Cunningham, Alvarez, Hevesi, Novakhov, Seawright, Glick, Taylor
 
MLTSPNSRHyndman, McDonough, Simon
 
Amd §240, V & T L
 
Relates to the adjudication of parking infractions.
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A01702 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1702
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced  by  M. of A. WEPRIN, LAVINE, STECK, DINOWITZ, DAVILA, SANTA-
          BARBARA, CUNNINGHAM,  ALVAREZ,  HEVESI,  NOVAKHOV,  SEAWRIGHT,  GLICK,
          TAYLOR  -- Multi-Sponsored by -- M. of A. HYNDMAN, 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 the  determination  and  the
    15  actual  basis  in  law  for the particular rationale for a guilty or not
    16  guilty decision, so respondents are fully informed as to the  basis  for
    17  the  underlying  decision  and  from  which  the  respondent may take an
    18  appeal. The respondent or the respondent's 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.
                                                                   LBD00499-01-5
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