Provides that in any proceeding alleging a muni-meter violation, it shall be an affirmative defense that the person summoned did in fact purchase muni-meter ticket prior to or contemporaneously with the issuance of the summons.

---

S6727B-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

S6727B-2011 Meetings

Rules: Jun 18, 2012

S6727B-2011 Calendars

Floor Calendar: Jun 12, 2012

S6727B-2011 Votes

S6727B-2011 Memo

BILL NUMBER:S6727B

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 prose-
cution 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 prac-
tices 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.

S6727B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   6727--B

                              I N  SENATE

                               March 14, 2012
                                 ___________

  Introduced  by  Sens.  KLEIN,  GOLDEN,  SAVINO -- read twice and ordered
    printed, and when printed to be committed to the Committee  on  Trans-
    portation  -- committee discharged, bill amended, ordered reprinted as
    amended and recommitted to said  committee  --  committee  discharged,
    bill  amended,  ordered  reprinted  as amended and recommitted to said
    committee

  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
  TIME  AND 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 SHOWING THE AMOUNT OF PARKING TIME PURCHASED.
    S 2. This act shall take effect immediately.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14586-07-2