S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1702
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M. of A. WEPRIN, LAVINE, STECK, DINOWITZ, DAVILA, SANTA-
   BARBARA, CUNNINGHAM,  ALVAREZ,  HEVESI,  NOVAKHOV,  SEAWRIGHT,  GLICK,
   TAYLOR  -- Multi-Sponsored by -- M. of A. HYNDMAN, McDONOUGH, SIMON --
   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 2 of section 240 of the  vehicle  and  traffic
 law is amended by adding a new paragraph h to read as follows:
   H.    (I) IN EVERY INSTANCE, THE STATE OF NEW YORK MANDATORY SURCHARGE
 SHALL BE PAID BY THE RESPONDENT OR OPERATOR  UNLESS  A  HEARING  OFFICER
 DISMISSES THE NOTICE OF VIOLATION;
   (II) A NOTICE OF VIOLATION SHALL ONLY BE REDUCED OR DISMISSED WITH THE
 EXPRESS WRITTEN DETERMINATION OF A HEARING EXAMINER UPON COMPLETION OF A
 HEARING BASED SPECIFICALLY ON THE MERITS PRESENTED BY THE RESPONDENT FOR
 EACH VIOLATION A RESPONDENT IS CHARGED WITH;
   (III)  WHEN  A RESPONDENT OR OPERATOR IS ISSUED A NOTICE OF VIOLATION,
 THE RESPONDENT OR THEIR REPRESENTATIVE SHALL BE GIVEN THE OPPORTUNITY TO
 EXERCISE THE OPTION TO HAVE A HEARING ON THE MERITS ON A TICKET BY TICK-
 ET BASIS; AND
   (IV) THE HEARING EXAMINER SHALL WRITE OUT THE  DETERMINATION  AND  THE
 ACTUAL  BASIS  IN  LAW  FOR THE PARTICULAR RATIONALE FOR A GUILTY OR NOT
 GUILTY DECISION, SO RESPONDENTS ARE FULLY INFORMED AS TO THE  BASIS  FOR
 THE  UNDERLYING  DECISION  AND  FROM  WHICH  THE  RESPONDENT MAY TAKE AN
 APPEAL. THE RESPONDENT OR THE RESPONDENT'S REPRESENTATIVE MAY WAIVE THIS
 REQUIREMENT ON A TICKET BY TICKET BASIS, ON  THE  RECORD,  BY  DOING  SO
 ORALLY OR IN WRITING.
   § 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