NY State Senate Bill 2023-S8672

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2024	referred to transportation

2023-S8672 (ACTIVE) - Details

See Assembly Version of this Bill:: A9250
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§237 & 240, V & T L

2023-S8672 (ACTIVE) - Summary

Provides that persons charged with a parking violation shall be able to make an electronic court appearance.

2023-S8672 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8672

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to electronic
appearances for parking violations

 
PURPOSE:

To make it easier for people who have difficulty attending an in-person
hearing that adjudicates parking violations to be able to present their
case.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds subdivision 3-a to § 237 of the vehicle and
traffic law to authorize the parking violations bureau to adopt rules
and regulations prescribing electronic appearances at hearings adjudi-
cating parking violations.

Section two of the bill adds subdivision 3 to § 240 of the vehicle and

traffic law to define the types of hearings that can be obtained, speci-
fies how a plea of not guilty may be entered, and outlines the process
for submitting and storing documentation as evidence.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

New York State authorizes municipalities to create parking violations
bureaus to adjudicate parking violations. In many instances, only
in-person hearings are offered to those who enter a plea of not guilty.
Quite often the only virtual option that people have is to upload a
letter of explanation stating the facts and any supporting documentation
of proof. However, they are not afforded the opportunity to attend a
virtual hearing and miss the chance to argue their case.

This was also the case during the COVID-19 pandemic, Hurricane Sandy,
and other major disruptive events. Many parking violations bureaus
Jailed to allow people to adjudicate their hearing virtually.  However,
the availability of technology has changed over the last few years with
more user-friendly tools available.

For many individuals in our communities, in-person hearings are a
particular hardship. This can be especially true for seniors or people
with disabilities for whom using public transit or driving long periods
of time may be challenge. This legislation will provide people the
opportunity to choose whether to present their case virtually or in
person.

 
PRIOR LEGISLATIVE HISTORY:

N/A

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
90 days after becoming law

2023-S8672 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8672
 
                             I N  S E N A T E
 
                             February 28, 2024
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  electronic
   appearances for parking violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 237 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A. TO ADOPT RULES AND REGULATIONS PRESCRIBING ELECTRONIC APPEARANCES
 AT HEARINGS ADJUDICATING PARKING VIOLATIONS;
   § 2. Section 240 of the vehicle and traffic law is amended by adding a
 new subdivision 3 to read as follows:
   3.  PARKING  VIOLATIONS. A PERSON CHARGED WITH A PARKING VIOLATION MAY
 ENTER A PLEA OF NOT GUILTY, PERSONALLY OR THROUGH AN  AUTHORIZED  REPRE-
 SENTATIVE,  TO  OBTAIN  A HEARING EITHER IN PERSON OR THROUGH ELECTRONIC
 APPEARANCE. SUCH PLEA MAY BE ENTERED IN PERSON AT ANY PARKING VIOLATIONS
 BUREAU OFFICE, VIA FIRST-CLASS MAIL OR ELECTRONICALLY  ON  THE  BUREAU'S
 WEBSITE. THE PARKING VIOLATIONS BUREAU SHALL ADVISE THE PARTY MAKING THE
 PLEA  THROUGH  FIRST CLASS MAIL OR ELECTRONICALLY THROUGH EMAIL THAT THE
 HEARING SHALL BE CONDUCTED IN THE MANNER SELECTED BY THE  RESPONDENT  OR
 THEIR   AUTHORIZED   REPRESENTATIVE.   IN  ALL  INSTANCES,  THE  PARKING
 VIOLATIONS BUREAU SHALL PERMIT THE ELECTRONIC SUBMISSION  OF  DOCUMENTA-
 TION  AND  EVIDENCE  FOR  ALL  HEARINGS, ADJOURNMENT REQUESTS, AND OTHER
 REQUESTS FOR INFORMATION UP UNTIL THE DATE AND TIME  OF  SUCH  SCHEDULED
 HEARING,  AND SUCH SUBMISSIONS SHALL CONSTITUTE A PERMANENT RECORD TO BE
 MAINTAINED BY THE PARKING VIOLATIONS BUREAU FOR A MINIMUM OF EIGHT YEARS
 AND THREE MONTHS. ELECTRONIC SIGNATURE AND ELECTRONIC NOTARIES SHALL  BE
 TREATED IN THE SAME MANNER AS PRINTED MATERIAL AND PHYSICAL FILINGS BY A
 RESPONDENT OR THEIR AUTHORIZED REPRESENTATIVE OR LEGAL COUNSEL SHALL NOT
 BE REQUIRED. A VIDEO RECORDING  SHALL BE MADE CONTEMPORANEOUSLY WITH ANY
 ELECTRONIC  APPEARANCE  OR HEARING  AND MAY BE INTRODUCED AS EVIDENCE IN
 ANY FUTURE PROCEEDINGS RELATING TO SUCH VIOLATION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13827-02-4

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Senate Bill S8672

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2023-S8672 (ACTIVE) - Details

2023-S8672 (ACTIVE) - Summary

2023-S8672 (ACTIVE) - Sponsor Memo

2023-S8672 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8672

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Sponsored By

John C. Liu

Current Bill Status - In Senate Committee Transportation Committee

2023-S8672 (ACTIVE) - Details

2023-S8672 (ACTIVE) - Summary

2023-S8672 (ACTIVE) - Sponsor Memo

2023-S8672 (ACTIVE) - Bill Text download pdf

Comments