senate Bill S7405

2015-2016 Legislative Session

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

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Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 27, 2016 referred to transportation

S7405 - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§235 & 238, rpld §235 sub 2 ¶¶ b - b-3, add §238-a, V & T L

S7405 - Summary

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

S7405 - Sponsor Memo

S7405 - Bill Text download pdf

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


                            I N  S E N A T E

                             April 27, 2016

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


  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
  (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

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


  • The $27 billion MTA Capital Program includes:
    • $26.6 billion for improvement of capital facilities operated by the New York City Transit Authority, Long Island Rail Road, Metro-North Railroad and MTA Bus and major initiatives including $1.5 billion for Phase II of the Second Avenue Subway.
    • 1,000 new subway cars
    • 1,400 new buses
    • Upgrades to track, signals, yards, depots, station and bridges


  • This program’s benefits will be phased-in beginning in 2018.
  • When fully implemented in 2021, benefits will be 67 percent of employee’s average weekly wage.
  • $10 million will be transferred from workers' compensation fund to pay for the family leave program until family leave contributions have accrued sufficient to fund it.
  • This program will be funded entirely through a nominal payroll deduction on employees (from $0.70 cents to $1.47 a week based on salary) so there is no additional costs to employers.


The agreed-upon budget includes an increase in the minimum wage to $15/hr in New York City and Westchester/Long Island, and an increase to $12.50/hr in the rest of New York State. In New York City, the increase will take one year more for small businesses with less than 10 employees. For the rest of the state starting in 2022, each year the Commission of Labor will provide for an administrative increase to the upstate minimum wage valued at either the rate of inflation, or the rate of state personal income growth, whichever is greater. The increases are as follows:


  • $10 million for heroin and opiate treatment, recovery, and prevention capital needs
  • $2 million for NYC Dept. of Education Substance Abuse Prevention and Intervention Specialists
  • $39,000 for School Based Health Centers
  • $500,000 for Hunger Prevention and Nutrition Assistance Program
  • Tax abatement and exemption for rent regulation and rent controlled units occupied by senior citizens and people with disabilities is extended until June 30, 2020
  • $1.9 billion dedicated to the House NY Initiative to End Homelessness in New York State

HEALTH Read More

  • Medicaid Growth Cost Shift to New York City—The final budget rejected the Governor’s proposal to reinstate New York City’s contribution toward growth in Medicaid expenses.
  • State Legislators rejected the Governor’s proposal to establish limited service/retail clinics.
  • $25 million for additional heroin and opiate related treatment, recovery and prevention services


  • $300 million for the Environmental Protection Fund (EPF), an increase of $123 million over FY 2016.
  • Zero Emissions Vehicle and Electric Vehicle Rebate Program—to up to $2,000 to people who buy certain clean vehicles. The program would be administered by NYSERDA.
  • $200 million for Water Quality Infrastructure Projects
  • Increased the net metering for anaerobic digesters from a rated capacity from 1,000 kilowatts to 2,000 kilowatts


  • Budget provides a total of $24.8 billion in funding ($9.68 billion for NYC, an increase $525 million)
  • One year tuition freeze for SUNY/CUNY
  • Rejected the Governor’s proposal to shift 30% or $485 million of CUNY operating costs to NYC
  • $143 million capital funding for CUNY
  • $435 million capital funding for SUNY
  • $1.04 billion in TAP funding

The 2017 budget provides funding for the following programs:

YOUTH Read More

  • $31 million for Summer Youth Employment Program
  • $15.8 million for Youth Development programs
  • $3 million for Safe Harbour sexually exploited youth programs
  • $320,500 for Kinship Navigator
  • $700,000 for Community Reinvestment programs
  • $3.5 million for S.N.U.G. (Gun Violence Prevention)
  • $300,000 YouthBuild statewide
  • $403 million Child Care subsidies
  • $22.3 million for Advantage After School Programs
  • $25.3 million to offset MTA costs for the Reduced Fare for School Children Program for NYC

TAXES Read More

The budget lowers Personal Income Tax rates for middle class New Yorkers.