STATE OF NEW YORK
________________________________________________________________________
4121
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. COLTON, CARROLL, M. MILLER, THIELE, DeSTEFANO,
SMITH, HEVESI, CRUZ, HYNDMAN, COOK, MONTESANO, RA, B. MILLER, PALMESA-
NO, ASHBY -- Multi-Sponsored by -- M. of A. TAGUE, WALSH -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the general construction law, the transportation law,
the vehicle and traffic law and the personal property law, in relation
to designating September 11th Remembrance Day as a public holiday
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 24 of the general construction law, as amended by
2 chapter 249 of the laws of 2020, is amended to read as follows:
3 § 24. Public holidays; half-holidays. The term public holiday includes
4 the following days in each year: the first day of January, known as New
5 Year's day; the third Monday of January, known as Dr. Martin Luther
6 King, Jr. day; the twelfth day of February, known as Lincoln's birthday;
7 the third Monday in February, known as Washington's birthday; the last
8 Monday in May, known as Memorial day; the second Sunday in June, known
9 as Flag day; the nineteenth day of June, known as Juneteenth; the fourth
10 day of July, known as Independence day; the first Monday in September,
11 known as Labor day; the eleventh day in September, known as September
12 11th Remembrance day; the second Monday in October, known as Columbus
13 day; the eleventh day of November, known as Veterans' day; the fourth
14 Thursday in November, known as Thanksgiving day; and the twenty-fifth
15 day of December, known as Christmas day, and if any of such days except
16 Flag day is Sunday, the next day thereafter; each general election day,
17 and each day appointed by the president of the United States or by the
18 governor of this state as a day of general thanksgiving, general fasting
19 and prayer, or other general religious observances. The term half-holi-
20 day includes the period from noon to midnight of each Saturday which is
21 not a public holiday.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05726-01-1
A. 4121 2
1 § 2. Subparagraph (i) of paragraph (e) of subdivision 4 of section
2 14-f of the transportation law, as amended by chapter 173 of the laws of
3 1990, is amended to read as follows:
4 (i) Any complaint issued for an equipment violation, except for a
5 violation involving an out-of-service defect or except for a violation
6 involving the operation of any motor vehicle after it has been placed
7 out of service, shall be dismissed by the court before such summons is
8 returnable if the violation as set forth in the summons is corrected not
9 later than one-half hour after sunset on the first full business day
10 after the issuance of the summons and proof of such correction as set
11 forth in subparagraph (ii) of this paragraph is submitted to the court.
12 For the purposes of this subparagraph, "business day" shall mean any
13 calendar day except Sunday, or the following business holidays: New
14 Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
15 Day, September 11th Remembrance Day, Columbus Day, Veterans' Day,
16 Thanksgiving Day and Christmas Day.
17 § 3. Item (a) of subparagraph (iv) of paragraph c of subdivision 2 of
18 section 140 of the transportation law, as separately amended by chapters
19 369 and 654 of the laws of 1994, such paragraph as relettered by section
20 6 of part G of chapter 58 of the laws of 2012, is amended to read as
21 follows:
22 (a) Any complaint issued for an equipment violation, except for a
23 violation involving an out-of-service defect relating to load secure-
24 ment, brake systems, steering components and/or coupling devices or
25 except for a violation involving the operation of any motor vehicle
26 after it has been placed out-of-service, shall be dismissed by the court
27 before such summons is returnable if the violation as set forth in the
28 summons is corrected not later than one-half hour after sunset on the
29 first full business day, or if such complaint involves a farm vehicle
30 registered pursuant to subdivision thirteen of section four hundred one
31 of the vehicle and traffic law and operated in conformance with the
32 terms of such registration, not later than one-half hour after sunset on
33 the third full business day after the issuance of the summons and proof
34 of such correction as set forth in item (b) of this subparagraph is
35 submitted to the court. For the purposes of this subparagraph, "business
36 day" shall mean any calendar day except Sunday, or the following busi-
37 ness holidays: New Year's Day, Washington's Birthday, Memorial Day,
38 Independence Day, Labor Day, September 11th Remembrance Day, Columbus
39 Day, Veterans' Day, Thanksgiving Day and Christmas Day.
40 § 4. Subdivision 4 of section 376-a of the vehicle and traffic law, as
41 amended by chapter 302 of the laws of 2013, is amended to read as
42 follows:
43 4. Any complaint issued for any violation of section three hundred
44 seventy-five, three hundred seventy-six or three hundred eighty-one of
45 this article relative to required equipment, except a violation
46 described in subdivision two of this section, subdivision forty-seven of
47 section three hundred seventy-five of this article, and except for a
48 violation relating to service brakes, shall be dismissed by the court
49 before which the summons is returnable if the violation as set forth in
50 the summons is corrected not later than one-half hour after sunset on
51 the first full business day after the issuance of the summons and proof
52 of such correction as set forth in subdivision five of this section is
53 submitted to the court. For the purposes of this subdivision, "business
54 day" shall mean any calendar day except Saturday and Sunday, or the
55 following business holidays: New Year's Day, Washington's Birthday,
A. 4121 3
1 Memorial Day, Independence Day, Labor Day, September 11th Remembrance
2 Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
3 § 5. Subdivision 6 of section 426 of the personal property law, as
4 added by chapter 659 of the laws of 1976, is amended to read as follows:
5 6. "Business day" shall mean any calendar day except Sunday, or the
6 following business holidays: New Year's Day, Washington's Birthday,
7 Memorial Day, Independence Day, Labor Day, September 11th Remembrance
8 Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
9 § 6. Subdivision 7 of section 441 of the personal property law, as
10 added by chapter 326 of the laws of 1995, is amended to read as follows:
11 7. "Business day" shall mean any calendar day except Sunday, or the
12 following business holidays: New Year's Day, Martin Luther King Day,
13 Washington's Birthday, Memorial Day, Independence Day, Labor Day,
14 September 11th Remembrance Day, Columbus Day, Veterans Day, Thanksgiving
15 Day, and Christmas Day.
16 § 7. This act shall take effect immediately.
