S 81: Relates to the adjudication of parking infractions.

  
  STATE OF NEW YORK ________________________________________________________________________ 81 2025-2026 Regular Sessions  IN SENATE (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: 1 Section 1. Subdivision 2 of section 240 of the vehicle and traffic 2 law is amended by adding a new paragraph h to read as follows: 3 h. (i) in every instance, the state of New York mandatory surcharge 4 shall be paid by the respondent or operator unless a hearing officer 5 dismisses the notice of violation; 6 (ii) a notice of violation shall only be reduced or dismissed with the 7 express written determination of a hearing examiner upon completion of a 8 hearing based specifically on the merits presented by the respondent for 9 each violation a respondent is charged with; 10 (iii) when a respondent or operator is issued a notice of violation, 11 the respondent or their representative shall be given the opportunity to 12 exercise the option to have a hearing on the merits on a ticket by tick- 13 et basis; and 14 (iv) the hearing examiner shall write out the determination and the 15 actual basis in law for the particular rationale for a guilty or not 16 guilty decision, so respondents are fully informed as to the basis for 17 the underlying decision and from which the respondent may take an 18 appeal. The respondent or the respondent's representative may waive this 19 requirement on a ticket by ticket basis, on the record, by doing so 20 orally or in writing. 21 § 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