S T A T E   O F   N E W   Y O R K
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                                  8006

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced by M. of A. WEPRIN -- 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:

  Section 1. Subdivision 6 of section 237 of the vehicle and traffic law
is  amended  by  adding three new paragraphs (a), (b) and (c) to read as
follows:
  (A) WHERE A TRANSCRIPT IS NOT PROVIDED TO A RESPONDENT  WITHIN  THIRTY
DAYS  OF RESPONDENT'S REQUEST, MADE BY CERTIFIED MAIL, PERSONAL DELIVERY
OR WITH PROOF OF DELIVERY, THE BUREAU SHALL PROVIDE  THE  WRITTEN  TRAN-
SCRIPT  OR  DISMISS THE TICKET AND PAY THE RESPONDENT OR THEIR REPRESEN-
TATIVE A FEE OF ONE HUNDRED DOLLARS.
  (B) WHERE A TRANSCRIPT IS NOT A COMPLETE AND ACCURATE RECORDING OF THE
HEARING, RESPONDENT'S TICKETS WILL BE DISMISSED  AND  THE  COST  OF  THE
TRANSCRIPT SHALL BE REFUNDED.
  (C) IT SHALL BE THE CLEAR DUTY OF THE BUREAU TO MAINTAIN AN UN-APPEND-
ED  COPY OF THE ACTUAL TICKET - FRONT AND BACK. IN EACH INSTANCE WHERE A
RESPONDENT OR ITS REPRESENTATIVE IDENTIFIES A CHANGE IN AN OFFICIAL COPY
OF A NOTICE OF VIOLATION OR THE BUREAU FAILS TO MAINTAIN BOTH THE  FRONT
AND THE BACK OF THE NOTICE OF VIOLATION, THE BUREAU SHALL BE REQUIRED TO
PAY  THAT  INDIVIDUAL  A  FEE  OF  NO LESS THAN ONE THOUSAND DOLLARS PER
INSTANCE;
  S 2. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 15 to read as follows:
  15. THERE SHALL BE NO CONVENIENCE FEE CHARGED  BY  A  MUNICIPALITY  OF
MORE THAN ONE MILLION PERSONS, AS DEFINED BY THE MOST RECENT CENSUS, FOR
THE PAYMENT OF A NOTICE OF VIOLATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11120-01-5

A. 8006                             2
              

  S  3. Paragraph (b) of subdivision 2 of section 238 of the vehicle and
traffic law is amended by adding two new subparagraphs (i) and  (ii)  to
read as follows:
  (I)  WHERE  THERE  IS  A  STARK  DIFFERENCE  IN THE COLOR OF A VEHICLE
RECORDED ON THE NOTICE OF VIOLATION WHEN COMPARED TO EITHER A BONA  FIDE
PHOTOGRAPH  OF  THE  VEHICLE  OR THE VEHICLE REGISTRATION CERTIFICATE OR
OTHER COMPELLING EVIDENCE, IT SHALL RESULT IN DISMISSAL OF THE NOTICE OF
VIOLATION.
  (II) WHERE THE YEAR OF THE VEHICLE APPEARS ON ANY STICKER OF A VEHICLE
BUT THE YEAR IS NOT STATED ON THE NOTICE  OF  VIOLATION  THE  NOTICE  OF
VIOLATION SHALL BE DISMISSED.
  S  4.  Paragraph  (a) of subdivision 2-a of section 238 of the vehicle
and traffic law, as added by chapter 224 of the laws of 1995, is amended
to read as follows:
  (a) Notwithstanding any inconsistent provision of subdivision  two  of
this  section, where the plate type or the expiration date are not shown
on either the registration plates or sticker of a vehicle or  where  the
registration  sticker is covered, faded, defaced or mutilated so that it
is unreadable, the plate type or the expiration date may be omitted from
the notice of violation; provided, however, such condition  must  be  so
described  and inserted on the notice of violation. WHERE THE EXPIRATION
DATE OF THE VEHICLE INSPECTION IS NOT STATED ON A VEHICLE,  THE  ISSUING
OFFICER SHALL BE REQUIRED TO INSERT THE MONTH AND YEAR OF THE INSPECTION
AS STATED ON ANY STICKER ON THE VEHICLE OR THE NOTICE OF VIOLATION SHALL
BE DISMISSED.
  S  5.  Subdivision  2 of section 240 of the vehicle and traffic law is
amended by adding a new paragraph h to read as follows:
  H. IN ALL HEARINGS DEFINED IN PARAGRAPH A OF THIS SUBDIVISION:
  (I) RESPONDENT OR THEIR REPRESENTATIVE SHALL BE GRANTED NO  LESS  THAN
TEN  FULL  MINUTES  TO  ARGUE  THEIR  CASE IN FRONT OF AN ADMINISTRATIVE
TRIBUNAL AND GIVEN EVERY OPPORTUNITY TO PROVE THEIR INNOCENCE;
  (II) RESPONDENT OR THEIR REPRESENTATIVE  SHALL,  AT  THEIR  OWN  COST,
VIDEOTAPE,  DIGITALLY  RECORD  OR OTHERWISE MAKE A LIVE RECORDING OF THE
HEARING;
  (III) WHERE THERE IS NO HEARING OF A PARKING TICKET, WHETHER THE TICK-
ET IS PAID, REDUCED OR DISMISSED, THE NEW YORK STATE MANDATORY SURCHARGE
SHALL BE DUE AND PAYABLE;
  (IV) A NOTICE OF VIOLATION MAY NOT BE REDUCED OR DISMISSED WITHOUT THE
EXPRESS WRITTEN DETERMINATION OF A HEARING EXAMINER;
  (V) THE RESPONDENT OR THEIR REPRESENTATIVE SHALL BE  GRANTED  A  SIXTY
DAY ADJOURNMENT TO RETURN AND ARGUE THEIR CASE;
  (VI)  RESPONDENT  OR  THEIR REPRESENTATIVE NEED ONLY FILE A NOT GUILTY
PLEA FOR ONE OR MORE TICKETS BY MAIL OR OTHER DELIVERY SERVICE;  INCLUD-
ING,  BUT  NOT  LIMITED  TO  AN  IN PERSON FILING, A FILING BY FAX OR BY
EMAIL, OR ONLINE, TO RECORD THEIR NOT GUILTY PLEA. NO  ADDITIONAL  DOCU-
MENTS, PROCESS OR PROCESSES ARE REQUIRED, REGARDLESS OF THE VENUE OR THE
RESPONDENT;
  (VII) HEARING EXAMINERS SHALL BE APPOINTED BY THE CITY COUNCIL;
  (VIII)  APPEALS OF HEARING DETERMINATIONS MAY BE SUBMITTED ONLINE WITH
ALL EVIDENCE THAT RESPONDENT WISHES TO ENTER INTO THE RECORD;
  (IX) THERE SHALL BE AMPLE ONLINE STORAGE CAPACITY  FOR  RESPONDENT  OR
THEIR REPRESENTATIVE TO UPLOAD ALL OF THEIR EVIDENCE;
  (X)  THE  BUREAU  SHALL  PROVIDE AN ONLINE ABILITY TO LOOK UP ALL OPEN
TICKETS BY LICENSE PLATE NUMBER AND IS PRECLUDED FROM USING J-CAPTCHA OR
ANY OTHER TECHNOLOGY THAT WILL SLOW DOWN OR  BLOCK  THE  ABILITY  FOR  A
RESPONDENT  OR  THEIR  REPRESENTATIVE TO LOOK UP OPEN PARKING TICKETS BY

A. 8006                             3

LICENSE PLATE, TO FILE A NOT GUILTY PLEA  OR  TO  ADJUDICATE  OR  PAY  A
NOTICE OF VIOLATION;
  (XI)  THE  BUREAU SHALL MAINTAIN A COURT CALENDAR AND ALLOW THE PUBLIC
TO SCHEDULE APPOINTMENTS FOR LIVE HEARINGS. NYS VTL S 240(1). THE BUREAU
SHALL ADVISE SUCH PERSON PERSONALLY BY SUCH FORM OF FIRST CLASS MAIL  AS
THE  DIRECTOR  MAY  DIRECT OF THE DATE ON WHICH HE OR SHE MUST APPEAR TO
ANSWER THE CHARGE AT A HEARING. THE FORM AND CONTENT OF SUCH  NOTICE  OF
HEARING SHALL BE PRESCRIBED BY THE DIRECTOR, AND SHALL CONTAIN A WARNING
TO  ADVISE  THE  PERSON  SO  PLEADING THAT FAILURE TO APPEAR ON THE DATE
DESIGNATED, OR ON ANY SUBSEQUENT ADJOURNED  DATE,  SHALL  BE  DEEMED  AN
ADMISSION OF LIABILITY, AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THER-
EON;
  (XII) THE HEARING EXAMINER SHALL WRITE OUT THEIR DETERMINATION AND THE
ACTUAL  BASIS  IN LAW FOR THEIR PARTICULAR RATIONALE FOR A GUILTY OR NOT
GUILTY DECISION, SO RESPONDENTS ARE FULLY INFORMED AS TO THE  BASIS  FOR
THE UNDERLYING DECISION;
  (XIII)  WHERE  THE RESPONDENT OFFERS OTHER PARKING TICKETS, OTHER THAN
THE ONE BEING CHALLENGED, THAT CONTAINS  EVIDENCE  THAT  INFORMATION  IS
AVAILABLE  TO  THE ISSUING OFFICER, THE TICKET SHALL BE DISMISSED OR THE
BUREAU SHALL ADJOURN THE HEARING AND SUBPOENA EACH OF THE  OFFICERS  WHO
WROTE  EACH OF THE RELATED TICKETS PRESENTED AT THE HEARING TO LEARN WHY
ONE OR MORE AGENTS WERE ABLE TO RECORD  INFORMATION  CORRECTLY  BUT  THE
OTHER(S) WERE NOT;
  (XVI)  WHERE  THE BUREAU CANNOT PROVIDE BOTH THE FRONT AND THE BACK OF
THE TICKET, THE TICKET SHALL BE DISMISSED.
  FOR PURPOSES OF THIS PARAGRAPH THE BUREAU  SHALL  BE  DEFINED  AS  THE
AGENCY  OR  ARM  OF  THE GOVERNMENT WHICH IS OR BECOMES THE ADJUDICATION
TRIBUNAL FOR PARKING TICKETS.
  S 6. The opening paragraph of section 243 of the vehicle  and  traffic
law  is  designated  subdivision  1 and two new subdivisions 2 and 3 are
added to read as follows:
  2. WHERE AN INDIVIDUAL HAS BROUGHT, OR BRINGS AN ARTICLE SEVENTY-EIGHT
PROCEEDING AND, AS A RESULT OF THAT LITIGATION OR  OTHER  RELATED  LITI-
GATION,  THE  UNDERLYING TICKET IS DISMISSED, WITH OR WITHOUT PREJUDICE,
THE BUREAU SHALL PAY ALL COURT AND LEGAL EXPENSES OF SUCH ACTIONS.
  3. AS THE CIVIL  PRACTICE  LAW  AND  RULES  (CPLR)  REQUIRES  THAT  AN
AGGRIEVED INDIVIDUAL MUST FILE AN ARTICLE SEVENTY-EIGHT PROCEEDING WITH-
IN  ONE  HUNDRED  TWENTY  DAYS OF THE AGENCY'S FINAL DETERMINATION, EACH
SIMILAR COMPLAINT CAN BE ADDED TO THE ORIGINAL ACTION  AND  A  NEW  CASE
NEED NOT BE FILED.
  S 7. This act shall take effect immediately.