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File #: Int 2287-2021    Version: * Name: Dismissal of summonses alleging violations of executive orders in connection with COVID-19 and the refund of monetary penalties paid in connection with such violations.
Type: Introduction Status: Committee
Committee: Committee on Governmental Operations
On agenda: 4/22/2021
Enactment date: Law number:
Title: A Local Law in relation to the dismissal of summonses alleging violations of executive orders in connection with COVID-19 and the refund of monetary penalties paid in connection with such violations
Sponsors: Kalman Yeger , Robert E. Cornegy, Jr., Joseph C. Borelli, Fernando Cabrera , Robert F. Holden, Rafael Salamanca, Jr., Justin L. Brannan, I. Daneek Miller, Barry S. Grodenchik, Farah N. Louis, Adrienne E. Adams, Mark Gjonaj
Council Member Sponsors: 12
Summary: This bill would require the Office of Administrative Trials and Hearings (OATH) to dismiss any violation of any executive order issued by the Mayor or the Governor in connection with COVID-19. In addition, the City would be required to refund any monetary penalties previously paid for such violations.
Attachments: 1. Summary of Int. No. 2287, 2. Int. No. 2287, 3. April 22, 2021 - Stated Meeting Agenda with Links to Files

Int. No. 2287

 

By Council Members Yeger, Cornegy, Borelli, Cabrera, Holden, Salamanca, Brannan, Miller, Grodenchik, Louis, Adams and Gjonaj

 

A Local Law in relation to the dismissal of summonses alleging violations of executive orders in connection with COVID-19 and the refund of monetary penalties paid in connection with such violations

 

Be it enacted by the Council as follows:

 

Section 1. a. Definitions. For purposes of this local law, the following terms have the following meanings:

COVID-19. The term “COVID-19” means the 2019 novel coronavirus or 2019-nCoV.

Summons. The term “summons” means a document, including a notice of violation, which specifies charges forming the basis of an adjudicatory proceeding in the office of administrative trials and hearings.

COVID-19 executive order. The term “COVID-19” executive order means any executive order issued by the by the governor of New York or by the mayor of the city in connection with COVID-19.

b. The office of administrative trials and hearings shall dismiss any summons alleging a violation of any COVID-19 executive order.

c. The department of finance or another agency responsible for collecting payment of fines and penalties shall refund all sums that have been paid to the city as penalties in connection with any summons dismissed pursuant to subdivision b or any adjudicated violation of a COVID-19 executive order.

§ 2. This local law takes effect immediately.

 

 

NAB

LS #16561

3/22/21 12:35 PM