S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4522
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 wrongful
   towing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (a)  of  subdivision 1 of section 241-a of the
 vehicle and traffic law, as added by chapter 338 of the laws of 1987, is
 amended to read as follows:
   (a) Every city with a population of more than one million  inhabitants
 that has established a parking violations bureau shall establish, within
 such  bureau, a properly staffed complaint unit of public service repre-
 sentatives to respond to complaints from any person  who,  after  having
 satisfied,  by payment, adjudication, or administrative action, any fine
 or penalty for a parking violation or after having proven that a fine or
 penalty was wrongfully imposed on this person,  receives  a  demand  for
 payment  of  the  fine  or  penalty  previously  satisfied or wrongfully
 imposed, [or] is denied any registration or renewal application  by  the
 department  of  motor  vehicles  upon  a certification from such parking
 violations bureau based upon lack of payment  of  any  fine  or  penalty
 previously  satisfied  or  wrongfully  imposed OR WHOSE VEHICLE HAS BEEN
 WRONGFULLY TOWED AS SUCH TERM IS DEFINED BY SECTION TWO  HUNDRED  FORTY-
 ONE-C  OF  THIS  ARTICLE.    The  complaint  unit established under this
 section shall accept complaints either in person or by  certified  mail,
 return  receipt  requested.  Each written demand for payment, other than
 the first demand following issuance of the notice  of  violation,  shall
 advise  the  addressee  of  the  existence of the complaint unit and the
 procedure for submitting a complaint. Upon receipt of a complaint, if in
 person, or within ten work days after receipt of a complaint if by mail,
 the complaint unit shall acknowledge receipt in writing and  notify  the
 complainant  of  the  procedure  for  further review. The complaint unit
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02050-01-9

 S. 4522                             2
 
 shall, within thirty days after receiving a complaint in  person  or  by
 certified mail supported by the proof prescribed by this section, notify
 the complainant that the payment has been credited to his or her record;
 that  the  wrongful  imposition  has been removed from the complainant's
 record; or that the information sent to the bureau fails to  prove  that
 the  fine  or penalty was satisfied or that the imposition was wrongful,
 in which case the reason or reasons shall be set forth.
   § 2. Subdivision 4 of section 241-a of the vehicle and traffic law, as
 amended by chapter 339 of the laws  of  1987,  is  amended  to  read  as
 follows:
   4.  The  proof  that  must be submitted in connection with a complaint
 made under this section is, as appropriate, a copy of the receipt, money
 order or front and back of cancelled check; a copy of a police report of
 stolen vehicle or stolen or lost plates or proof of an insurance company
 payment for a stolen  vehicle,  [or]  a  department  of  motor  vehicles
 receipt for surrendered plates OR A COPY OF A DECISION BY AN ADMINISTRA-
 TIVE LAW JUDGE.  As used in this section, a "wrongfully imposed" fine or
 penalty  shall mean a fine or penalty which is imposed after the respec-
 tive vehicle has been stolen or after the license  plates  were  stolen,
 lost or surrendered to the department of motor vehicles.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 241-c to read as follows:
   § 241-C. WRONGFUL TOWING. 1.  FOR PURPOSES OF THIS  SECTION,  WRONGFUL
 TOWING  SHALL  MEAN  THE TOWING OF A PERSON'S VEHICLE: (A) FOR A FINE OR
 PENALTY FOR A  PARKING  VIOLATION  PREVIOUSLY  SATISFIED  OR  WRONGFULLY
 IMPOSED  AS  DEFINED IN SECTION TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE;
 (B) FOR A PARKING VIOLATION WHICH  THE  PERSON  IS  IN  THE  PROCESS  OF
 CONTESTING  WITH  THE  PARKING  VIOLATIONS  BUREAU; (C) FOR INACCURATELY
 BEING DEEMED A SCOFFLAW; (D) FOR ILLEGAL PARKING WHEN  THE  VEHICLE  WAS
 LEGALLY  PARKED  AT  THE TIME OF THE TOW; OR (E) FOR THE OPERATION OF AN
 UNLICENSED, UNINSURED OR UNREGISTERED  VEHICLE  WHEN  SUCH  VEHICLE  WAS
 PROPERLY LICENSED, INSURED OR REGISTERED AT THE TIME OF THE TOW.
   2.  WHERE  A  PERSON'S  VEHICLE IS WRONGFULLY TOWED, SUCH PERSON SHALL
 HAVE THE RIGHT TO HAVE AN EXPEDITED  REVIEW  BEFORE  A  PANEL  OF  THREE
 ADMINISTRATIVE  LAW  JUDGES  AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE. SUCH PANEL SHALL
 BE EMPOWERED TO COMPEL THE BUREAU OR OTHER RESPONSIBLE AGENT TO  PRODUCE
 RECORDS AND OTHER EVIDENCE RELEVANT AND MATERIAL TO THE COMPLAINANT. THE
 COMPLAINANT OR PERSON SHALL BE REQUIRED TO SUBMIT PROOF WITH A COMPLAINT
 MADE UNDER THIS SECTION. SUCH PROOF SHALL CONSIST OF, AS IS APPROPRIATE,
 A  COPY  OF  THE  RECEIPT, MONEY ORDER, OR FRONT AND BACK OF A CANCELLED
 CHECK; A COPY OF A DECISION BY AN ADMINISTRATIVE LAW JUDGE, A COPY OF  A
 POLICE  REPORT  OF  STOLEN  VEHICLE  OR  PLATES OR PROOF OF AN INSURANCE
 COMPANY PAYMENT FOR A STOLEN VEHICLE, OR A DEPARTMENT OF MOTOR  VEHICLES
 RECEIPT  FOR  SURRENDERED  PLATES  OR  A COPY OF A CURRENT REGISTRATION,
 LICENSE OR PROOF OF INSURANCE.
   3. THE PANEL OF ADMINISTRATIVE LAW JUDGES SHALL BE EMPOWERED TO DIRECT
 THAT THE BUREAU'S AND/OR OTHER RESPONSIBLE AGENT'S RECORDS  BE  CHANGED,
 AS APPROPRIATE, TO ENSURE THAT NO FURTHER DEMAND IS MADE FOR THE FINE OR
 PENALTY  PREVIOUSLY  SATISFIED  OR  WRONGFULLY  IMPOSED  AND/OR  THAT NO
 FURTHER WRONGFUL TOWING ACTION IS TAKEN AGAINST THE VEHICLE FOR THE SAME
 REASON AS THE FIRST WRONGFUL TOW AND THE BUREAU AND ANY OTHER  RESPONSI-
 BLE AGENT SHALL COMPLY WITH SUCH DIRECTIVE. FURTHER, THE PANEL OF ADMIN-
 ISTRATIVE LAW JUDGES, UPON PETITION BY THE COMPLAINANT OR PERSON, MAY AT
 ITS  SOLE  DISCRETION,  DIRECT  THE  PARKING  VIOLATIONS BUREAU OR OTHER
 RESPONSIBLE AGENT TO REFUND ANY MONEY PAID  TO  RELEASE  THE  WRONGFULLY

 S. 4522                             3
 
 TOWED  VEHICLE  AND  TO PAY THE COMPLAINANT WHOSE VEHICLE WAS WRONGFULLY
 TOWED SUCH OUT-OF-POCKET EXPENSES,  NOT  TO  EXCEED  ONE  HUNDRED  FIFTY
 DOLLARS,  AS  THE  PANEL  DEEMS  REASONABLE ONLY IN SUCH CASES WHERE THE
 COMPLAINANT  OR PERSON SUFFICIENTLY DEMONSTRATES THAT HIS OR HER VEHICLE
 WAS WRONGFULLY TOWED. SUCH OUT-OF-POCKET EXPENSES SHALL INCLUDE, BUT NOT
 BE LIMITED TO, LOST WAGES, PROVIDED THE COMPLAINANT  OR  PERSON  SUBMITS
 PROOF, SATISFACTORY TO THE PANEL OF SUCH EXPENSES INCURRED.  THE PAYMENT
 OF  ANY  REFUND  BY  THE  PARKING VIOLATIONS BUREAU OR OTHER RESPONSIBLE
 AGENT SHALL BE MADE  WITHIN  THIRTY  DAYS  OF  THE  DATE  THE  PANEL  SO
 DIRECTED.    AFTER FILING OF A PETITION BY THE COMPLAINANT OR PERSON AND
 SUBSEQUENT FINDING BY THE PANEL THAT PAYMENT WAS NOT TIMELY  MADE,  SUCH
 PAYMENT SHALL BE DOUBLED.
   4.  IF THE PERSON'S VEHICLE IS WRONGFULLY TOWED A SECOND OR SUBSEQUENT
 TIME FOR THE SAME REASON AS THE FIRST WRONGFUL TOW THEN SUCH PERSON  HAS
 THE  RIGHT  TO REQUEST AND THE PANEL IS AUTHORIZED TO DIRECT THE PARKING
 VIOLATIONS BUREAU OR THE RESPONSIBLE AGENT TO REFUND ANY MONEY  PAID  TO
 RELEASE  THE  WRONGFULLY  TOWED  VEHICLE  AND  TO PAY THE COMPLAINANT OR
 PERSON DOUBLE THE AMOUNT OF HIS OR HER OUT-OF-POCKET EXPENSES.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.