STATE OF NEW YORK
________________________________________________________________________
8191
2021-2022 Regular Sessions
IN ASSEMBLY
August 25, 2021
___________
Introduced by M. of A. LAWLER -- 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 eleventh 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 of September, known as September
12 11th Memorial and Remembrance day; the second Monday in October, known
13 as Columbus day; the eleventh day of November, known as Veterans' day;
14 the fourth Thursday in November, known as Thanksgiving day; and the
15 twenty-fifth day of December, known as Christmas day, and if any of such
16 days except Flag day is Sunday, the next day thereafter; each general
17 election day, and each day appointed by the president of the United
18 States or by the governor of this state as a day of general thanksgiv-
19 ing, general fasting and prayer, or other general religious observances.
20 The term half-holiday includes the period from noon to midnight of each
21 Saturday which is not a public holiday.
22 § 2. Subparagraph (i) of paragraph (e) of subdivision 4 of section
23 14-f of the transportation law, as amended by chapter 173 of the laws of
24 1990, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11838-01-1
A. 8191 2
1 (i) Any complaint issued for an equipment violation, except for a
2 violation involving an out-of-service defect or except for a violation
3 involving the operation of any motor vehicle after it has been placed
4 out of service, shall be dismissed by the court before such summons is
5 returnable if the violation as set forth in the summons is corrected not
6 later than one-half hour after sunset on the first full business day
7 after the issuance of the summons and proof of such correction as set
8 forth in subparagraph (ii) of this paragraph is submitted to the court.
9 For the purposes of this subparagraph, "business day" shall mean any
10 calendar day except Sunday, or the following business holidays: New
11 Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
12 Day, September 11th Memorial and Remembrance Day, Columbus Day, Veter-
13 ans' Day, Thanksgiving Day and Christmas Day.
14 § 3. Item (a) of subparagraph (iv) of paragraph c of subdivision 2 of
15 section 140 of the transportation law, as separately amended by chapters
16 369 and 654 of the laws of 1994, such paragraph as relettered by section
17 6 of part G of chapter 58 of the laws of 2012, is amended to read as
18 follows:
19 (a) Any complaint issued for an equipment violation, except for a
20 violation involving an out-of-service defect relating to load secure-
21 ment, brake systems, steering components and/or coupling devices or
22 except for a violation involving the operation of any motor vehicle
23 after it has been placed out-of-service, shall be dismissed by the court
24 before such summons is returnable if the violation as set forth in the
25 summons is corrected not later than one-half hour after sunset on the
26 first full business day, or if such complaint involves a farm vehicle
27 registered pursuant to subdivision thirteen of section four hundred one
28 of the vehicle and traffic law and operated in conformance with the
29 terms of such registration, not later than one-half hour after sunset on
30 the third full business day after the issuance of the summons and proof
31 of such correction as set forth in item (b) of this subparagraph is
32 submitted to the court. For the purposes of this subparagraph, "business
33 day" shall mean any calendar day except Sunday, or the following busi-
34 ness holidays: New Year's Day, Washington's Birthday, Memorial Day,
35 Independence Day, Labor Day, September 11th Memorial and Remembrance
36 Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.
37 § 4. Subdivision 4 of section 376-a of the vehicle and traffic law, as
38 amended by chapter 302 of the laws of 2013, is amended to read as
39 follows:
40 4. Any complaint issued for any violation of section three hundred
41 seventy-five, three hundred seventy-six or three hundred eighty-one of
42 this article relative to required equipment, except a violation
43 described in subdivision two of this section, subdivision forty-seven of
44 section three hundred seventy-five of this article, and except for a
45 violation relating to service brakes, shall be dismissed by the court
46 before which the summons is returnable if the violation as set forth in
47 the summons is corrected not later than one-half hour after sunset on
48 the first full business day after the issuance of the summons and proof
49 of such correction as set forth in subdivision five of this section is
50 submitted to the court. For the purposes of this subdivision, "business
51 day" shall mean any calendar day except Saturday and Sunday, or the
52 following business holidays: New Year's Day, Washington's Birthday,
53 Memorial Day, Independence Day, Labor Day, September 11th Memorial and
54 Remembrance Day, Columbus Day, Veterans' Day, Thanksgiving Day, and
55 Christmas Day.
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1 § 5. Subdivision 6 of section 426 of the personal property law, as
2 added by chapter 659 of the laws of 1976, is amended to read as follows:
3 6. "Business day" shall mean any calendar day except Sunday, or the
4 following business holidays: New Year's Day, Washington's Birthday,
5 Memorial Day, Independence Day, Labor Day, September 11th Memorial and
6 Remembrance Day, Columbus Day, Veterans' Day, Thanksgiving Day, and
7 Christmas Day.
8 § 6. Subdivision 7 of section 441 of the personal property law, as
9 added by chapter 326 of the laws of 1995, is amended to read as follows:
10 7. "Business day" shall mean any calendar day except Sunday, or the
11 following business holidays: New Year's Day, Martin Luther King Day,
12 Washington's Birthday, Memorial Day, Independence Day, Labor Day,
13 September 11th Memorial and Remembrance Day, Columbus Day, Veterans Day,
14 Thanksgiving Day, and Christmas Day.
15 § 7. This act shall take effect immediately.
