Bill S5124-2013

Authorizes the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions

Authorizes the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 20, 2013: referred to transportation
  • Jun 20, 2013: DELIVERED TO ASSEMBLY
  • Jun 20, 2013: PASSED SENATE
  • Jun 20, 2013: HOME RULE REQUEST
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.833
  • May 10, 2013: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 30, 2013
Ayes (17): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Dilan, Kennedy, Perkins, Squadron, Stavisky, Gipson
Excused (1): Diaz

Memo

BILL NUMBER:S5124

TITLE OF BILL: An act to authorize the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions; and to amend the vehicle and traffic law, in relation thereto

PURPOSE:

Authorizes the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions.

SUMMARY OF PROVISIONS:

Section 1 amends the Vehicle and Traffic Law by adding a new section to allow the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions. It also authorizes the city of Jamestown to provide for the appointment, through local law, of hearing examiners for such administrative adjudications from a list of eligible candidates in accordance with the provisions of Article 2-B of the Vehicle & Traffic Law,

Section 2 amends paragraph d of subdivision 2 of section 236 of the vehicle and traffic law to allow hearing examiners in the city of Jamestown, like the city of New York, to be admitted to practice law in New York State for a period of three years instead of five years, which is otherwise required for hearing examiners under the Vehicle and Traffic Law.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:

Parking tickets in the city of Jamestown are currently handled by the City Court, which takes up valuable time of Jamestown's two city court judges and their personnel. These tickets are rarely adjudicated because of the more serious criminal cases and infractions pending in the Jamestown City Court.

Because these tickets are not adjudicated, the City of Jamestown, loses a significant amount of revenue each year. This bill would help the city of Jamestown adjudicate approximately $300,000 in delinquent parking infractions.

The Jamestown City Council requested this legislation on November 27, 2012 in Resolution Number 201211C13. The City is seeking this bill to reduce City Court case backlogs, increase traffic infraction penalty collections, to establish a more efficient way to manage the parking ticket system, and to establish a system whereby motorists would more consistently abide by the parking laws established by the City. The City does not anticipate increased costs to residents ox in their budget to establish and operate the program. They plan to do so with existing staff and resources.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to the State.

LOCAL FISCAL IMPLICATIONS:

The city of Jamestown anticipates an increase in its collection of parking ticket revenues.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5124 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to authorize the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions; and to amend the vehicle and traffic law, in relation thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The city of Jamestown, acting through its governing body, is hereby authorized to establish an administrative tribunal for the adjudication of parking infractions, subject to the provisions of arti- cle 2-B of the vehicle and traffic law. Hearing examiners for such administrative adjudications in the city of Jamestown shall be appointed by the commissioner of motor vehicles in accordance with paragraph d of subdivision 2 of section 236 of the vehicle and traffic law. S 2. Paragraph d of subdivision 2 of section 236 of the vehicle and traffic law, as amended by chapter 342 of the laws of 1981, is amended to read as follows: d. The commissioner shall appoint hearing examiners who shall preside at hearings for the adjudication of charges of parking violations. Hear- ing examiners shall be appointed and shall serve for such number of sessions as may be determined by the commissioner and shall receive therefor, such remuneration as may be fixed. Such hearing examiners shall not be considered employees of the city in which the administra- tive tribunal has been established. Every hearing examiner shall have been admitted to the practice of law in this state for a period of at least five years, except in cities having a population of one million or more persons AND IN THE CITY OF JAMESTOWN, IN THE COUNTY OF CHAUTAUQUA, where they shall have been admitted to such practice for a period of at least three years. Hearing examiners shall be appointed from a list of eligible candidates who have satisfied the standards established by a duly constituted committee of the bar association of the county in which the city is located or, the association of the bar of that city. S 3. This act shall take effect immediately.

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