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S7405Senate2015-2016 Session

Relates to prohibiting the issuance of late fees prior to a finding of liability; repealer

Sponsor James Sanders Jr.SD-10Affects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

No co-sponsors yet.

History

  1. Referred to transportation

Full text

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

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to prohibiting the issuance of late fees prior to a finding of liability for a parking violation; and repealing certain provisions of such law relating thereto

Purpose

To repeal additional penalties for failure to respond to a notice of a parking violation when there is no finding of liability for the violation.

Summary of provisions

Section 1 amends paragraph a of subdivision 2 of section 235 of the vehicle and traffic law, as amended by section 18 of part J of chapter 62 of the laws of 2003, to remove a city's requirements to notify a person who has not responded to a parking violation that failure to respond may subject the owner to additional penalties.

Section 2 repeals paragraphs b, b-1, b-2 and b-3 of subdivision 2 of section 235 of the vehicle and traffic law (additional penalties) and paragraph c of subdivision 2 is relettered paragraph b.

Section 3 amends subparagraph (iii) of paragraph (c) of subdivision 2-a of section 238 of the vehicle and traffic law, as amended by chapter 409 of the laws of 2001, removing the potential fine of three times the additional penalties that may be imposed for failure to respond to a notice of violation.

Section 4 amends the vehicle and traffic law by adding a new section 238-a prohibiting certain late fees for parking violations. Notwithstanding any rule to the contrary, an owner shall not be subject to additional penalties for failure to respond to a notice of violation, except failure to pay the fine in a timely fashion, but only if the owner is found liable for the parking violation.

Section 5 provides the effective date.

Existing law

Additional fees may be imposed for failure to respond to a notice of a parking violation, even when the owner of the car is found not liable for the parking violation.

Justification

This will provide relief to New Yorkers burdened with having to pay additional penalties for parking tickets they should not have been written.

Legislative history

New bill

Fiscal implications

Undetermined

Local fiscal implications

Undetermined

Effective date

This act shall take effect immediately, provided, however, that the amendments to subdivision 2 of section 235 of the vehicle and traffic law made by sections one and two of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith.

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