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