S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3047
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 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:
 
   Section 1. 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, is amended to read as follows:
   a.  Notice.  (1)  Whenever  a  city issues a notice of violation for a
 parking violation, it shall be served in the manner prescribed by subdi-
 vision two of section two hundred thirty-eight of this article.
   (2) Whenever a person has been issued a  notice  of  violation  for  a
 parking  violation  and has not responded in the manner described in the
 notice, a city shall give the owner a second notice of the violation  by
 regular first class mail: (i) within forty days of issuance of the first
 notice of violation for a parking violation where the vehicle is a vehi-
 cle  registered  in this state; or (ii) within forty days of the receipt
 by such city of the name and address of the owner of the  vehicle  where
 the  vehicle  is  a  vehicle  registered in any other state. Such second
 notice shall include, but not be limited to, the following information:
   (A) that the owner has a period of twenty days from  issuance  of  the
 second notice in which to respond to the notice of violation for a park-
 ing violation;
   (B)  that  failure to respond to the notice of violation for a parking
 violation may result in the suspension and non-renewal  of  the  owner's
 registration;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09143-01-9

              

 S. 3047                             2
 
   (C)  [that failure to respond to the notice of violation for a parking
 violation may subject the owner to additional penalties as  provided  in
 paragraph b of this subdivision;
   (D)]  that failure to respond to the notice of violation for a parking
 violation shall subject the owner to a default judgment as  provided  in
 paragraph  [c]  B  of  this  subdivision  [and  the additional penalties
 imposed upon parking violations pursuant to paragraph b of this subdivi-
 sion]; and
   [(E)] (D) that submission of a plea of guilty to the parking violation
 makes the owner liable for payment of the stated  fine  [and  additional
 penalties  imposed  pursuant to paragraph b of this subdivision] and the
 mandatory surcharge of fifteen dollars imposed upon  parking  violations
 pursuant to section eighteen hundred nine-a of this chapter.
   (1)  Upon  written  application  of the chief executive officer of any
 such city, the commissioner may authorize for a  specified  time  period
 the  use  of a notice mailer form that does not contain all the informa-
 tion set forth in this subdivision but which was used by such city on or
 before the effective date of this section.
   (2) In addition, the commissioner may suspend  for  a  period  not  to
 exceed  one  year from the effective date of this section the provisions
 of this subdivision requiring that  a  second  notice  of  violation  be
 served  within  forty  days of issuance of the first notice of a parking
 violation, upon written application of the chief  executive  officer  of
 any  such  city  demonstrating  that immediate imposition of such notice
 requirement will cause substantial financial hardship to such city,  and
 setting  forth  the steps to be taken by such city to achieve compliance
 with the notice requirements of this subdivision at the end of such  one
 hundred  eighty  day period. Upon granting such application, the commis-
 sioner shall specify a period, not to exceed seventy-five  days,  within
 which  such  second notice must be served[, and shall adjust accordingly
 the time periods set forth in paragraph b of this subdivision to provide
 that the additional penalties set forth in such subdivision will not  be
 imposed  prior  to  the  stated  number of days from the service of such
 notice].
   § 2. Paragraphs b, b-1, b-2 and b-3 of subdivision 2 of section 235 of
 the vehicle and traffic law are REPEALED and paragraph c of  subdivision
 2 is relettered paragraph b.
   § 3. Subparagraph (iii) of paragraph (c) of subdivision 2-a of section
 238  of the vehicle and traffic law, as added by chapter 409 of the laws
 of 2001, is amended to read as follows:
   (iii) Upon a finding by a hearing examiner that  the  dismissal  of  a
 charged  parking  violation  has been procured due to the knowing fraud,
 false testimony, misrepresentation, or other misconduct, or the  knowing
 alteration of a notice of parking violation, by the person so charged or
 his  or  her  agent, employee, or representative, the dismissal shall be
 set aside and a determination may be rendered against the owner  on  the
 charged  parking  violation.  The  hearing  examiner may impose monetary
 penalties for the charged parking violation of up  to  three  times  the
 scheduled  fine for the violation [and three times the additional penal-
 ties that may be imposed for failure to respond to a notice of violation
 pursuant to section two  hundred  thirty-five  of  this  article.    For
 purposes  of  determining  the  amount of such additional penalties, the
 hearing examiner shall disregard the plea that  procured  the  dismissal
 that  has  been set aside and shall calculate such penalties as if there
 had been no plea or appearance in the  proceeding].  In  any  proceeding
 under  this  paragraph to set aside a determination and to impose penal-

 S. 3047                             3
 
 ties for the violation, it shall not be necessary for the hearing  exam-
 iner  to find that the owner personally committed the unlawful acts that
 procured the dismissal of the violation.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 238-a to read as follows:
   § 238-A. PROHIBITION OF CERTAIN LATE FEES. NOTWITHSTANDING ANY  INCON-
 SISTENT PROVISION OF THIS ARTICLE, OR ANY GENERAL, SPECIAL, OR LOCAL LAW
 OR ADMINISTRATIVE CODE TO THE CONTRARY, AN OWNER SHALL NOT BE SUBJECT TO
 ADDITIONAL PENALTIES FOR FAILURE TO RESPOND TO A NOTICE OF VIOLATION BUT
 ONLY,  IN THE EVENT SUCH OWNER IS FOUND LIABLE FOR SUCH VIOLATION, FAIL-
 URE TO PAY THE IMPOSED FINE IN A TIMELY FASHION.
   § 5. This act shall take effect immediately,  provided,  however  that
 the  amendments to subdivision 2 of section 235 of the vehicle and traf-
 fic 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.