Senate Bill S81

2025-2026 Legislative Session

Relates to the adjudication of parking infractions

download bill text pdf

Sponsored By

Archive: Last 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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2025-S81 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §240, V & T L
Versions Introduced in Other Legislative Sessions:
2021-2022: S8661
2023-2024: S878

2025-S81 (ACTIVE) - Summary

Relates to the adjudication of parking infractions.

2025-S81 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    81
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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

              

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