S T A T E O F N E W Y O R K
________________________________________________________________________
5445
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. MAISEL -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
the imposition of accident response service fees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 11 of the vehicle and traffic law is amended by
adding a new section 389 to read as follows:
S 389. ACCIDENT RESPONSE SERVICE FEE. 1. AS USED IN THIS SECTION:
(A) "ACCIDENT RESPONSE SERVICE FEE" MEANS A FEE IMPOSED FOR THE
RESPONSE OR INVESTIGATION OF A MOTOR VEHICLE ACCIDENT BY A LAW ENFORCE-
MENT AGENCY; AND
(B) "ENTITY" MEANS:
(I) THE STATE;
(II) A POLITICAL SUBDIVISION OF THE STATE, INCLUDING:
A. A COUNTY;
B. A CITY;
C. A BOROUGH;
D. AN INCORPORATED TOWN;
E. A TOWNSHIP; OR
F. A HOME-RULED MUNICIPALITY; AND
(III) ANY GOVERNMENTAL ENTITY OR AGENCY OR DEPARTMENT OF A GOVERN-
MENTAL ENTITY OR AGENCY.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PERSON OR
ENTITY SHALL NOT IMPOSE AN ACCIDENT RESPONSE SERVICE FEE ON OR FROM AN
INSURANCE COMPANY, THE DRIVER OR OWNER OF A MOTOR VEHICLE, OR ANY OTHER
PERSON.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08335-01-1