File #: Int 0001-2022    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: 1/20/2022
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 F. Holden, Joseph C. Borelli, Justin L. Brannan, Rafael Salamanca, Jr., Ari Kagan, Amanda Farías, Inna Vernikov, David M. Carr
Council Member Sponsors: 9
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. 1, 2. Int. No. 1, 3. January 20, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 1-20-22, 5. Minutes of the Stated Meeting - January 20, 2022

Int. No. 1

 

By Council Members Yeger, Holden, Borelli, Brannan, Salamanca, Kagan, Farías, Vernikov and Carr

 

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 or any related variant.

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 governor of the state of New York or by the mayor of the city of New York 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 any other agency responsible for collecting payment of fines, penalties and interest shall refund all sums that have been paid to the city as fines, penalties and interest in connection with any summons alleging a violation of any COVID-19 executive order, whether such summons was dismissed pursuant to subdivision b, adjudicated prior to the enactment of this local law, or resulted in a plea of guilty or no contest.

§ 2. This local law takes effect immediately.