Skip to content
S4114Senate2009-2010 Session

Relates to the Nassau county traffic and parking violations agency

Sponsor Craig M. JohnsonSD-7Affects Local Government
Status
In Senate Committee
Local Government
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Craig M. Johnson

Senator · Senate District 7

No co-sponsors yet.

History

  1. Referred to local government
  2. Referred to local government

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the general municipal law, the vehicle and traffic law, chapter 496 of the laws of 1990 relating to establishing a traffic and parking violations agency for the county of Nassau and chapter 879 of the laws of 1936 providing for an alternative form of government for certain counties, in relation to the Nassau county traffic and parking violations agency

Description

This bill amends ??371 and 374 of the General Municipal Law and adds a new ?372-a; amends ? 1806-a of the Vehicle and Traffic Law; amends ?12 of chapter 496 of the laws of 1990; and amends Article XXIV of the County Government Law of Nassau County to add a new ?2415-a, in order to clarify the authority and operations of the department of the Nassau County government known as the Nassau County Traffic and Parking Violations Agency ("TPVA").

Summary of specific provisions

Section 1 of the bill amends subdivisions 1, 2 and 3 of General Municipal Law ?371. Subdivision 1 is amended to renumber its provisions. A new subdivision 2 is added to authorize the Nassau County legislature to enact a local law authorizing judicial hearing officers at TPVA to review the probable validity of retaining vehicles pending the completion of civil forfeiture proceedings. Subdivision 3 is amended in connection with the disposition of guilty pleas, entry of default judgment following failure to appear before TPVA, infractions requiring appearance before TPVA and the right to appear before a judicial hearing officer at TPVA.

Read the full memo (685 words)

Section 2 adds a new section 372-a to the General Municipal Law authorizing the executive director of TPVA to propose, subject to approval by the Nassau County legislature, fees for services rendered by TPVA.

Section 3 amends subdivision (a) of General Municipal Law ?374 to set forth the duties and powers of traffic prosecutors at TPVA.

Section 4 amends subdivisions 1 and 3 of Vehicle and Traffic Law ?1806-a.. Subdivision 1 includes TPVA among the tribunals authorized to enter default judgments when violators fail to answer within the time specified and establishes five years as the statute of limitations for obtaining default judgments. Subdivision 3 includes TPVA among the tribunals having two years from the effective date of the proposed act to seek default judgments in pending cases.

Section 5 amends section 12 of chapter 496 of the laws of 1990 to invest the executive director of TPVA with the responsibility of issuing annual reports on the progress, development and operations of TPVA.

Section 6 amends Article XXIV of the county government law of Nassau county to add a new section 2415-a, which invests the chief clerk and other authorized non-judicial personnel at TPVA with the power to administer oaths, take acknowledgements and sign the process or mandate of the agency and which authorizes the executive director of TPVA to designate non-judicial personnel to assume the powers and perform the duties of clerks.

Justification

In 1990, the State of New York authorized the creation of the TPVA pursuant to General Municipal Law ? 370 et seq. By local law enacted in 1991, Nassau County established TPVA, which began operating in 1994. The enabling provisions of the General Municipal Law contemplate the establishment and operation of TPVA as a Nassau county agency vested with the jurisdictional authority of the Nassau county district court to administer and dispose of traffic and parking violations. Unfortunately, this hybrid agency/judicial character gave rise to confusion in regard to TPVA's jurisdictional authority and operations. In Dolce v. Nassau County Traffic and Parking Violations Agency, 7 N.Y.3d 492 (2006), the Court of Appeals clarified TPVA's county agency/judicial character and its jurisdictional authority, but the decision left intact several ambiguous statutory provisions. This bill would eliminate any remaining ambiguity with amendments that reaffirm TPVA's authority to render dispositions of traffic tickets as an arm of the district court and reaffirm TPVA's authority to oversee and manage its operations as an agency of county government.

Legislative history

New Bill.

Fiscal impact

None to the State

Effective date

This act would take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.