NY State Senate Bill 2015-S6422A

Senate Bill S6422A

Signed By Governor

2015-2016 Legislative Session

Prohibits any municipality from collecting a fine, penalty or forfeiture when the charge of a violation of the vehicle and traffic law is dismissed

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2016	signed chap.16
Mar 18, 2016	delivered to governor
Mar 15, 2016	returned to senate passed assembly ordered to third reading cal.446 substituted for a9249
Feb 25, 2016	referred to codes returned to assembly repassed senate
Feb 08, 2016	amended on third reading 6422a
Feb 08, 2016	vote reconsidered - restored to third reading returned to senate
Feb 05, 2016	recalled from assembly
Jan 12, 2016	referred to transportation delivered to assembly passed senate
Jan 11, 2016	ordered to third reading cal.33
Jan 08, 2016	referred to rules

Votes

- Feb 25, 2016 - Floor Vote
  S6422A
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 25, 2016
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      excused (4)
      
      Breslin
      
      Diaz
      
      Hassell-Thompson
      
      Venditto
  Jan 12, 2016 - Floor Vote
  S6422A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 12, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jan 11, 2016 - Rules Committee Vote
  S6422A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 11, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Montgomery

Bill Amendments

Original

A (Active)

2015-S6422 - Details

See Assembly Version of this Bill:: A9249
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1804, V & T L; amd §2, Chap 578 of 2015

2015-S6422 - Summary

Prohibits any municipality from collecting a fine, penalty or forfeiture, when the charge of a violation of the vehicle and traffic law is dismissed; authorizes the imposition of fines when a person is convicted of or found liable for certain charges.

2015-S6422 - Sponsor Memo

                                 BILL NUMBER:  S6422

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to the imposition of fines when a person is convicted of or
found liable for certain charges, and to amend chapter 578 of the laws
of 2015 amending the vehicle and traffic law relating to prohibiting
any municipality from collecting a fine, penalty or forfeiture when
the charge of a violation of the vehicle and traffic law is dismissed,
in relation to the effectiveness thereof

 PURPOSE :

This bill is a chapter amendment to Chapter 578 of the Laws of 2015
which ensures that a person who had a vehicle or traffic violation
dismissed and who was not held liability for any violation in
satisfaction of such charge cannot have an additional fee or charge
assessed by any municipality.

 SUMMARY OF PROVISIONS :

Section 1: Clarifies that a fine, penalty, forfeiture, or fee may only
be imposed by a municipality against a person charged with a violation
of this chapter or any local law, ordinance, rule, regulation or
administrative code if such person is found guilty of such charge or
any violation in satisfaction of such charge.

Section 2: Amends the effective date of Chapter 578 of the Laws of
2015 from 120 to 60 days.

Section 3: Preempts and invalidates any inconsistent local law,
ordinance, order, rule, regulation or administrative code that relates
to imposing any fine, penalty, forfeiture, fee, or surcharge against a
person charged with a violation of the vehicle and traffic law. It
also provides that any penalties imposed before the effective date of
the chapter may still be collected.

Section 4: Establishes the effective date. EXISTING LAW:  Chapter 578
of the Laws of 2015 was signed into law on December 22, 2015, and goes
into effect 120 days after such date. These changes will amend the
effective date of the chapter to 60 days.

 JUSTIFICATION :

Assessing a fine, penalty, forfeiture, or fee for a violation that has
been dismissed places an undue burden on motorists and should not be
allowed. Numerous complaints have risen in which a motorist is charged
an "administrative fee" when their charge has been dismissed.  People
who have to show up to court must sacrifice their time away from work,
family, and other responsibilities only to find out they owe a fee for
showing up even after their violation is dismissed by the court.

 LEGISLATIVE HISTORY :

A chapter amendment to Chapter 578 of the Laws of 2015.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
a chapter of the laws of 2015 amending the vehicle and traffic law
relating to prohibiting any municipality from collecting a fine,
penalty or forfeiture when the charge of a violation of the vehicle
and traffic law is dismissed, as proposed in legislative bills numbers
S.5046-A and A.7230-A, takes effect.

2015-S6422 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6422

                            I N  S E N A T E

                             January 8, 2016
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to the  imposi-
  tion  of  fines  when  a  person  is  convicted of or found liable for
  certain charges, and to amend chapter 578 of the laws of 2015 amending
  the vehicle and traffic law relating to prohibiting  any  municipality
  from  collecting  a  fine,  penalty or forfeiture when the charge of a
  violation of the vehicle and traffic law is dismissed, in relation  to
  the effectiveness thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1804 of the vehicle and traffic law,  as  added  by
chapter 578 of the laws of 2015, is amended to read as follows:
  S  1804.  Prohibition of imposition and collection of a fine, penalty,
forfeiture,  fee  or  surcharge.   [Notwithstanding   any   inconsistent
provision  of any general, special or local law, ordinance, order, rule,
regulation or administrative code to the contrary, a] A municipality may
only impose a fine, penalty, forfeiture, or any other fee  or  surcharge
against  a  person charged with a violation of this chapter or any local
law, ordinance, order, rule, regulation or administrative  code  adopted
pursuant  to  this  chapter [of] IF such person is convicted of or found
liable for A VIOLATION OF THIS CHAPTER  OR  ANY  LOCAL  LAW,  ORDINANCE,
ORDER,  RULE, REGULATION OR ADMINISTRATIVE CODE ADOPTED PURSUANT TO THIS
CHAPTER IN SATISFACTION OF such charge.
  S 2. Section 2 of chapter 578 of the laws of 2015 amending the vehicle
and traffic law relating to prohibiting any municipality from collecting
a fine, penalty or forfeiture when the charge  of  a  violation  of  the
vehicle and traffic law is dismissed, is amended to read as follows:
  S  2. This act shall take effect on the [one hundred twentieth] SIXTI-
ETH day after it shall have become a law.
  S 3. The provisions of section 1804 of the vehicle and traffic law, as
added by chapter 578 of the laws of 2015 and as amended by  section  one
of  this  act  shall  preempt and invalidate any inconsistent local law,
ordinance, order, rule, regulation or administrative code  that  relates

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

                                                           LBD10384-04-6

S. 6422                             2

to imposing any fine, penalty, forfeiture, or any other fee or surcharge
against a person charged with a violation of the vehicle and traffic law
or  any  other local law, ordinance, order, rule, regulation or adminis-
trative  code  adopted  pursuant  to  the  vehicle and traffic law. Such
inconsistent local law, ordinance, order, rule, regulation  or  adminis-
trative  code shall be preempted and invalidated whether enacted before,
on or after the effective date of chapter  578  of  the  laws  of  2015.
Provided,  however,  that  nothing    contained in this section shall be
construed to prevent the collection of any such fine,  penalty,  forfei-
ture  or any other fee or surcharge imposed against such person prior to
the effective date of chapter 578 of the laws of 2015.
  S 4. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 578 of the laws of 2015, takes effect.

2015-S6422A (ACTIVE) - Details

See Assembly Version of this Bill:: A9249
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1804, V & T L; amd §2, Chap 578 of 2015

2015-S6422A (ACTIVE) - Summary

2015-S6422A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6422A

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to the imposition of fines when a person is convicted of or
found liable for certain charges, and to amend chapter 578 of the laws
of 2015 amending the vehicle and traffic law relating to prohibiting
any municipality from collecting a fine, penalty or forfeiture when
the charge of a violation of the vehicle and traffic law is dismissed,
in relation to the effectiveness thereof

 PURPOSE :

This bill is a chapter amendment to Chapter 578 of the Laws of 2015
which ensures that a person who had a vehicle or traffic violation
dismissed and who was not held liability for any violation in
satisfaction of such charge cannot have an additional fee or charge
assessed by any municipality.

 SUMMARY OF PROVISIONS :

Section 1: Clarifies that a fine, penalty, forfeiture, or fee may only
be imposed by a municipality against a person charged with a violation
of this chapter or any local law, ordinance, rule, regulation or
administrative code if such person is found guilty of such charge or
any violation in satisfaction of such charge.

Section 2: Amends the effective date of Chapter 578 of the Laws of
2015 from 120 to 60 days.

Section 3: Preempts and invalidates any inconsistent local law,
ordinance, order, rule, regulation or administrative code that relates
to imposing any fine, penalty, forfeiture, fee, or surcharge against a
person charged with a violation of the vehicle and traffic law. It
also provides that any penalties imposed before the effective date of
the chapter may still be collected.

Section 4: Establishes the effective date.

 EXISTING LAW :

Chapter 578 of the Laws of 2015 was signed into law on December 22,
2015, and goes into effect 120 days after such date. These changes
will amend the effective date of the chapter to 60 days.

 JUSTIFICATION :

Assessing a fine, penalty, forfeiture, or fee for a violation that has
been dismissed places an undue burden on motorists and should not be
allowed. Numerous complaints have risen in which a motorist is charged
an "administrative fee" when their charge has been dismissed. People
who have to show up to court must sacrifice their time away from work,
family, and other responsibilities only to find out they owe a fee for
showing up even after their violation is dismissed by the court.

 LEGISLATIVE HISTORY :

A chapter amendment to Chapter 578 of the Laws of 2015.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
a chapter of the laws of 2015 amending the vehicle and traffic law
relating to prohibiting any municipality from collecting a fine,
penalty or forfeiture when the charge of a violation of the vehicle
and traffic law is dismissed, as proposed in legislative bills numbers
S.5046-A and A.7230-A, takes effect.

2015-S6422A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6422--A
    Cal. No. 33

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules -- reported  favora-
  bly  from said committee, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to the  imposi-
  tion  of  fines  when  a  person  is  convicted of or found liable for
  certain charges, and to amend chapter 578 of the laws of 2015 amending
  the vehicle and traffic law relating to prohibiting  any  municipality
  from  collecting  a  fine,  penalty or forfeiture when the charge of a
  violation of the vehicle and traffic law is dismissed, in relation  to
  the effectiveness thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1804 of the vehicle and traffic law,  as  added  by
chapter 578 of the laws of 2015, is amended to read as follows:
  S  1804.  Prohibition of imposition and collection of a fine, penalty,
forfeiture,  fee  or  surcharge.   [Notwithstanding   any   inconsistent
provision  of any general, special or local law, ordinance, order, rule,
regulation or administrative code to the contrary, a] A municipality may
only impose a fine, penalty, forfeiture, or any other fee  or  surcharge
against  a  person charged with a violation of this chapter or any local
law, ordinance, order, rule, regulation or administrative  code  adopted
pursuant  to  this  chapter [of] IF such person is convicted of or found
liable for A VIOLATION OF THIS CHAPTER  OR  ANY  LOCAL  LAW,  ORDINANCE,
ORDER,  RULE, REGULATION OR ADMINISTRATIVE CODE ADOPTED PURSUANT TO THIS
CHAPTER IN SATISFACTION OF such charge.
  S 2. Section 2 of chapter 578 of the laws of 2015, amending the  vehi-
cle  and  traffic  law  relating  to  prohibiting  any municipality from
collecting a fine, penalty or forfeiture when the charge of a  violation
of  the  vehicle  and  traffic  law  is dismissed, is amended to read as
follows:

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

                                                           LBD10384-08-6

S. 6422--A                          2

  S 2. This act shall take effect on the [one hundred twentieth]  SIXTI-
ETH day after it shall have become a law.
  S 3. The provisions of section 1804 of the vehicle and traffic law, as
added  by  chapter 578 of the laws of 2015 and as amended by section one
of this act shall preempt and invalidate  any  inconsistent  local  law,
ordinance,  order,  rule, regulation or administrative code that relates
to imposing any fine, penalty, forfeiture, or any other fee or surcharge
against a person charged with a violation of the vehicle and traffic law
or any other local law, ordinance, order, rule, regulation  or  adminis-
trative  code  adopted  pursuant  to  the  vehicle and traffic law. Such
inconsistent local law, ordinance, order, rule, regulation  or  adminis-
trative  code shall be preempted and invalidated whether enacted before,
on or after the effective date of chapter  578  of  the  laws  of  2015.
Provided,  however,  that  nothing    contained in this section shall be
construed to prevent the collection of any such fine,  penalty,  forfei-
ture  or any other fee or surcharge imposed against such person prior to
the effective date of chapter 578 of the laws of 2015.
  S 4. This act shall take effect immediately;  provided,  however  that
sections  one  and  three of this act shall take effect on the same date
and in the same manner as chapter 578 of the laws of 2015,  as  amended,
takes effect.

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