New York S 4795: Relates to prohibiting the issuance of late fees prior to a finding of liability; repealer

Bill Text

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S04795 Summary:

BILL NOS04795 

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SAME ASNo Same As

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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Amd §§235 & 238, rpld §235 sub 2 ¶¶b - b-2, add §238-a, V & T L

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

Go to top S04795 Actions:

BILL NOS04795 

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02/12/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS04795 Committee&nbspVotes:

Go to topS04795 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04795 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4795

 2025-2026 Regular Sessions

 IN SENATE

 February 12, 2025
 ___________

 Introduced by Sen. SANDERS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation

 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 park-
 ing violation; and repealing certain provisions of such law relating
 thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph a of subdivision 2 of section 235 of the vehicle
 2 and traffic law, as separately amended by chapters 421, 460 and 773 of
 3 the laws of 2021, is amended to read as follows:
 4 a. Notice. (1) Whenever a city issues a notice of violation for a
 5 parking violation, it shall be served in the manner prescribed by subdi-
 6 vision two of section two hundred thirty-eight of this article.
 7 (2) Whenever a person has been issued a notice of violation for a
 8 parking violation and has not responded in the manner described in the
 9 notice, a city shall give the owner a second notice of the violation by
 10 regular first class mail: (i) within forty days of issuance of the first
 11 notice of violation for a parking violation where the vehicle is a vehi-
 12 cle registered in this state; or (ii) within forty days of the receipt
 13 by such city of the name and address of the owner of the vehicle where
 14 the vehicle is a vehicle registered in any other state. Such second
 15 notice shall include, but not be limited to, the following information:
 16 (A) that the owner has a period of twenty days from issuance of the
 17 second notice in which to respond to the notice of violation for a park-
 18 ing violation;
 19 (B) that failure to respond to the notice of violation for a parking
 20 violation may result in the suspension and non-renewal of the owner's
 21 registration;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09611-01-5

 S. 4795 2

 1 (C) [that failure to respond to the notice of violation for a parking
 2 violation may subject the owner to additional penalties as provided in
 3 paragraph b of this subdivision;
 4 (D)] that failure to respond to the notice of violation for a parking
 5 violation shall subject the owner to a default judgment as provided in
 6 paragraph [c] b of this subdivision [and the additional penalties
 7 imposed upon parking violations pursuant to paragraph b of this subdivi-
 8 sion]; and
 9 [(E)] (D) that submission of a plea of guilty to the parking violation
 10 makes the owner liable for payment of the stated fine [and additional
 11 penalties imposed pursuant to paragraph b of this subdivision] and the
 12 mandatory surcharge of fifteen dollars imposed upon parking violations
 13 pursuant to section eighteen hundred nine-a of this chapter.
 14 § 2. Paragraphs b, b-1 and b-2 of subdivision 2 of section 235 of the
 15 vehicle and traffic law are REPEALED and paragraph c of subdivision 2 is
 16 relettered paragraph b.
 17 § 3. Subparagraph (iii) of paragraph (c) of subdivision 2-a of section
 18 238 of the vehicle and traffic law, as added by chapter 409 of the laws
 19 of 2001, is amended to read as follows:
 20 (iii) Upon a finding by a hearing examiner that the dismissal of a
 21 charged parking violation has been procured due to the knowing fraud,
 22 false testimony, misrepresentation, or other misconduct, or the knowing
 23 alteration of a notice of parking violation, by the person so charged or
 24 [his or her] such person's agent, employee,