S T A T E O F N E W Y O R K ________________________________________________________________________ 5521 2011-2012 Regular Sessions I N S E N A T E May 27, 2011 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the county law and the New York city charter, in relation to the docketing of adjudications of violations of laws enforced by the New York city department of consumer affairs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 4 of section 918 of the county law, as sepa- 2 rately amended by chapters 419 and 473 of the laws of 1988, is amended 3 to read as follows: 4 4. Any other laws to the contrary notwithstanding, the county clerk in 5 each of the counties within the city of New York is authorized and 6 empowered to maintain separate judgment docket volumes containing the 7 printed transcript or transcripts, in strict alphabetical order of judg- 8 ment made, entered and docketed in the civil court of the city of New 9 York against individuals, corporations, and other entities on behalf of 10 the parking violations bureau, the environmental control board, the taxi 11 and limousine commission, THE DEPARTMENT OF CONSUMER AFFAIRS and the 12 commissioner of jurors of the city of New York. These volumes may be 13 maintained in the form of computer print outs which shall contain the 14 date of judgment, the name and address of the judgment debtor or 15 debtors, the amount of the judgment and other information which the 16 county clerk may deem necessary to sufficiently describe the parties to 17 the action or proceeding or nature or the manner of the entry of the 18 judgment. Provided, however, with respect to judgments on behalf of the 19 parking violations bureau the county clerk may, in his OR HER 20 discretion, in lieu of such volumes, maintain the aforementioned data in 21 a micrographic or computer retrievable format. With respect to judg- 22 ments on behalf of the parking violations bureau such volumes or other 23 format shall be maintained pursuant to this subdivision for only those EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11260-01-1 S. 5521 2 1 individuals, corporations, and other entities having vehicles registered 2 in the counties within the city of New York. 3 S 2. Paragraph 2 of subdivision (g) of section 2203 of the New York 4 city charter, as added by section 15 of question 2 of local law number 5 60 of the city of New York for the year 2010, is amended to read as 6 follows: 7 (2) All such proceedings shall be commenced by the service of a notice 8 of violation. The commissioner shall prescribe the form and wording of 9 notices of violation. The notice of violation or copy thereof when 10 filled in and served shall constitute notice of the violation charged, 11 and, if sworn to or affirmed, shall be prima facie evidence of the facts 12 contained therein. THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION 13 ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH 14 PERSON MAY EITHER ADMIT OR DENY THE VIOLATION CHARGED IN THE NOTICE. 15 SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN A WARNING TO ADVISE THE 16 PERSON CHARGED THAT FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN 17 THE NOTICE MAY RESULT IN A DEFAULT DECISION AND ORDER BEING ENTERED 18 AGAINST SUCH PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION 19 SHALL BE FILED AND RETAINED BY THE DEPARTMENT AND SHALL BE DEEMED A 20 RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS. 21 S 3. Paragraphs 3 and 4 of subdivision (g) of section 2203 of the New 22 York city charter are renumbered paragraphs 9 and 10 and six new para- 23 graphs 3, 4, 5, 6, 7 and 8 are added to read as follows: 24 (3) WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY 25 THE RULES OF THE COMMISSIONER OR HAS FAILED TO APPEAR ON A DESIGNATED 26 HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE 27 TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION 28 OF LIABILITY AND SHALL BE GROUNDS FOR RENDERING A DEFAULT DECISION AND 29 ORDER IMPOSING A PENALTY IN THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW FOR 30 THE VIOLATION CHARGED. 31 (4) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION 32 WAS HAD BY HEARING OR UPON DEFAULT OR OTHERWISE, SHALL CONSTITUTE A 33 JUDGMENT THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW YORK 34 OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE 35 STATE, AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME MANNER 36 AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL ACTIONS. ENTRY OF 37 A JUDGMENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT LIMIT THE APPLI- 38 CATION OF ANY OTHER REMEDIES OR PENALTIES PROVIDED FOR THE ENFORCEMENT 39 OF LAWS OR RULES UNDER THE JURISDICTION OF THE DEPARTMENT. 40 (5) NOTWITHSTANDING THE FOREGOING PROVISION, BEFORE A JUDGMENT BASED 41 UPON A DEFAULT MAY BE SO ENTERED THE DEPARTMENT MUST HAVE NOTIFIED THE 42 RESPONDENT BY FIRST CLASS MAIL IN SUCH FORM AS THE COMMISSIONER MAY 43 DIRECT: (I) OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED; 44 (II) THAT A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF 45 NEW YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS 46 WITHIN THE STATE OF NEW YORK; AND (III) THAT ENTRY OF SUCH JUDGMENT MAY 47 BE AVOIDED BY REQUESTING A STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND 48 EITHER REQUESTING A HEARING OR ENTERING A PLEA PURSUANT TO THE RULES OF 49 THE COMMISSIONER WITHIN THIRTY DAYS OF THE MAILING OF SUCH NOTICE. 50 (6) A JUDGMENT ENTERED PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVISION 51 SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS. 52 (7) THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU- 53 ANT TO THE PROVISIONS OF PARAGRAPH FOUR OF THIS SUBDIVISION UNLESS THE 54 NOTICE OF VIOLATION SHALL HAVE BEEN SERVED IN THE SAME MANNER AS IS 55 PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE S. 5521 3 1 LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW OR AS 2 PROVIDED IN PARAGRAPH EIGHT OF THIS SUBDIVISION. 3 (8)(I) SERVICE OF A NOTICE OF VIOLATION MAY BE MADE BY DELIVERING SUCH 4 NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT ON OR IN CONNECTION WITH 5 THE PREMISES WHERE THE VIOLATION OCCURRED OR TO A PERSON EMPLOYED BY THE 6 RESPONDENT AT THE PREMISES AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE 7 BUSINESS THE OPERATION OF WHICH GAVE RISE TO THE VIOLATION. 8 (II) SERVICE OF A NOTICE OF VIOLATION THAT ALLEGES A VIOLATION BY A 9 LICENSEE OF ANY LAW OR RULES OF THE COMMISSIONER MAY BE MADE BY DELIVER- 10 ING SUCH NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT AT THE PREMISES 11 AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE BUSINESS THE OPERATION OF 12 WHICH GAVE RISE TO THE VIOLATION. 13 (III) SUCH NOTICE MAY ONLY BE DELIVERED PURSUANT TO SUBPARAGRAPH (I) 14 OF THIS PARAGRAPH WHERE A REASONABLE ATTEMPT HAS BEEN MADE TO DELIVER 15 SUCH NOTICE TO A PERSON IN SUCH PREMISES UPON WHOM SERVICE MAY BE MADE 16 AS PROVIDED FOR BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES OR 17 ARTICLE THREE OF THE BUSINESS CORPORATION LAW. 18 (IV) WHEN A COPY OF SUCH NOTICE HAS BEEN DELIVERED PURSUANT TO SUBPAR- 19 AGRAPH (I) OR (II) OF THIS PARAGRAPH, A COPY SHALL BE MAILED TO THE 20 RESPONDENT AT SUCH RESPONDENT'S LAST KNOWN RESIDENCE OR BUSINESS ADDRESS 21 OR TO AN ADDRESS CONTAINED IN THE FILES OF THE DEPARTMENT COMPILED AND 22 MAINTAINED FOR THE PURPOSE OF THE ENFORCEMENT OF THE PROVISIONS OF THE 23 CHARTER OR ADMINISTRATIVE CODE OR OTHER LAW OVER WHICH THE DEPARTMENT 24 HAS JURISDICTION. 25 (V) PROOF OF SERVICE MADE PURSUANT TO THIS PARAGRAPH SHALL BE FILED 26 WITH THE COMMISSIONER WITHIN TWENTY DAYS OF SERVICE IN THE MANNER 27 PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER SUCH FILING. 28 S 4. This act shall take effect immediately.