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

BILL NUMBER:S3420 Revised 06/09/15

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. Adds a new section of law to allow the city of Jamestown to establish an administrative tribunal for the adjudication of parking infractions in accordance with the provisions of Article 2-B of the Vehicle and Traffic Law. It also authorizes the city of Jamestown, through a commissioner as defined in subdivision 1 of section 236 of the Vehicle and Traffic Law, to provide for the appointment of hearing examiners for such administrative adjudications in accordance with the provisions of subdivision 2 of section 236 of the Vehicle and 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 the 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 March 24, 2015, in Resolution Number 201503A06. The City is seeking this bill to reduce City Court case backlogs, increase traffic infraction penalty collections, 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 in their budget to establish and operate the program. They plan to do so with existing staff and resources.

Also, in its February 2015 City of Jamestown Comprehensive Review Report, the Financial Restructuring Board for Local Governments recommended legislative approval of the establishment of an administrative tribunal for adjudicating parking infractions in the City of Jamestown. In support of the administrative tribunal, the Board cited the significant backlog caused by the lack of time and resources that judges are able to dedicate to the adjudication of parking tickets through the City Court.

Legislative history

2014: S.5124/A.7429 Passed Senate 57-1, Referred to Assembly Transportation 2013: S.5124/A.7429 Passed Senate 62-1, Referred to Assembly Transportation

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

This act shall take effect immediately.