Senate Bill S4795

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4795
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Paragraph a of subdivision 2 of section 235 of the  vehicle
 and  traffic  law, as separately amended by chapters 421, 460 and 773 of
 the laws of 2021, 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.
                                                            LBD09611-01-5
 S. 4795                             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.
   §  2. Paragraphs b, b-1 and b-2 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] SUCH  PERSON'S  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 penalties 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 penalties for the violation, it shall not be  necessary  for  the
 hearing  examiner to find that the owner personally committed the unlaw-
 ful 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.