S6727-2011 Actions

• Oct 3, 2012: SIGNED CHAP.486
• Sep 21, 2012: DELIVERED TO GOVERNOR
• Jun 18, 2012: returned to senate
• Jun 18, 2012: passed assembly
• Jun 18, 2012: ordered to third reading rules cal.303
• Jun 18, 2012: substituted for a9353c
• Jun 12, 2012: referred to codes
• Jun 12, 2012: DELIVERED TO ASSEMBLY
• Jun 12, 2012: PASSED SENATE
• Jun 12, 2012: ORDERED TO THIRD READING CAL.1154
• Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 4, 2012: PRINT NUMBER 6727B
• Jun 4, 2012: AMEND AND RECOMMIT TO TRANSPORTATION
• May 7, 2012: PRINT NUMBER 6727A
• May 7, 2012: AMEND AND RECOMMIT TO TRANSPORTATION
• Mar 14, 2012: REFERRED TO TRANSPORTATION

S6727-2011 Votes

S6727-2011 Memo

BILL NUMBER:S6727

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to
muni-meter receipts

PURPOSE OR GENERAL IDEA OF BILL:
Creates an affirmative defense for
any person being prosecuted for an alleged muni-meter parking
violation in the event the defendant can produce a muni-meter receipt
issued contemporaneously or prior to the issuing of a summons.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the vehicle and traffic law by adding a new section
241-b which creates an affirmative defense for any person facing
prosecution for an alleged muni-meter violation in the event the
defendant can produce a muni-meter receipt issued prior to or up to
five minutes after the issuing of a summons. The section also defines
"muni-meter" for the purposes of the section.

Section 2 sets the effective date.

JUSTIFICATION:
In recent years many municipalities across New York,
including but not limited to New York City and Buffalo, have replaced
conventional parking meters with new electronic parking meters that
dispense timed receipts that must be displayed on the dashboard of a
vehicle. While these new meters offer some convenience by accepting
debit and credit cards in addition to cash they have also created a
new problem for motorists. There have been numerous reported
instances of predatory ticketing practices by traffic agents and
unfair convictions by administrative law judges. One example is in
some cases motorists need to walk down the block to find the nearest
muni-meter, opening a window when a traffic agent can issue a summons
before they even purchase their muni-meter receipt. These
convictions have been successfully appealed in most instances but the
process of appealing the case is daunting and can take months to
resolve.

This bill would help put a stop to this dishonorable practice being
utilized by traffic agents and reduce the unfair burden of appealing
these convictions.

PRIOR LEGISLATIVE HISTORY:
This is a new Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

S6727-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6727
 I N  SENATE
 March 14, 2012
 
 Introduced  by  Sen.  KLEIN  -- 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  muni-meter
 receipts
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 241-b to read as follows:

 

S  241-B. MUNI-METER RECEIPTS; AFFIRMATIVE DEFENSE. IN ANY PROSECUTION
 OR PROCEEDING ALLEGING A MUNI-METER PARKING VIOLATION, IT  SHALL  BE  AN
 AFFIRMATIVE  DEFENSE  TO SUCH VIOLATION, WITH THE BURDEN OF PROOF ON THE
 PERSON WHO RECEIVED THE SUMMONS, THAT HE OR SHE DID IN FACT  PURCHASE  A
 MUNI-METER  TICKET  PRIOR  TO  OR UP TO FIVE MINUTES THEREAFTER FROM THE
 ISSUANCE OF THE SUMMONS AND THAT THE RECEIPT IS VALID  FOR  USE  AT  THE
 LOCATION  WHERE  SUCH  SUMMONS WAS ISSUED.  SUCH DEFENSE SHALL BE DEEMED
 ESTABLISHED IF SUCH PERSON PRODUCES THE ACTUAL MUNI-METER RECEIPT  OR  A
 COPY THEREOF AT SUCH PROSECUTION OR PROCEEDING. FOR THE PURPOSES OF THIS
 SECTION,  "MUNI-METER"  SHALL  MEAN  AN  ELECTRONIC  PARKING  METER THAT
 DISPENSES TIMED RECEIPTS THAT MUST BE DISPLAYED IN A  CONSPICUOUS  PLACE
 ON A VEHICLE'S DASHBOARD.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14586-04-2

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