Bill Text: NY S00081 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to the adjudication of parking infractions.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2025-01-08 - REFERRED TO TRANSPORTATION [S00081 Detail]

Download: New_York-2025-S00081-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           81

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by Sens. LIU, FERNANDEZ, MURRAY, SEPULVEDA -- 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 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