S 4795: Relates to prohibiting the issuance of late fees prior to a finding of liability.

  
  STATE OF NEW YORK ________________________________________________________________________ 4795 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Paragraph a of subdivision 2 of section 235 of the vehicle 2 and traffic law, as separately amended by chapters 421, 460 and 773 of 3 the laws of 2021, is amended to read as follows: 4 a. Notice. (1) Whenever a city issues a notice of violation for a 5 parking violation, it shall be served in the manner prescribed by subdi- 6 vision two of section two hundred thirty-eight of this article. 7 (2) Whenever a person has been issued a notice of violation for a 8 parking violation and has not responded in the manner described in the 9 notice, a city shall give the owner a second notice of the violation by 10 regular first class mail: (i) within forty days of issuance of the first 11 notice of violation for a parking violation where the vehicle is a vehi- 12 cle registered in this state; or (ii) within forty days of the receipt 13 by such city of the name and address of the owner of the vehicle where 14 the vehicle is a vehicle registered in any other state. Such second 15 notice shall include, but not be limited to, the following information: 16 (A) that the owner has a period of twenty days from issuance of the 17 second notice in which to respond to the notice of violation for a park- 18 ing violation; 19 (B) that failure to respond to the notice of violation for a parking 20 violation may result in the suspension and non-renewal of the owner's 21 registration; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09611-01-5 
 S. 4795 2 1 (C) [that failure to respond to the notice of violation for a parking 2 violation may subject the owner to additional penalties as provided in 3 paragraph b of this subdivision; 4 (D)] that failure to respond to the notice of violation for a parking 5 violation shall subject the owner to a default judgment as provided in 6 paragraph [c] b of this subdivision [and the additional penalties 7 imposed upon parking violations pursuant to paragraph b of this subdivi- 8 sion]; and 9 [(E)] (D) that submission of a plea of guilty to the parking violation 10 makes the owner liable for payment of the stated fine [and additional 11 penalties imposed pursuant to paragraph b of this subdivision] and the 12 mandatory surcharge of fifteen dollars imposed upon parking violations 13 pursuant to section eighteen hundred nine-a of this chapter. 14 § 2. Paragraphs b, b-1 and b-2 of subdivision 2 of section 235 of the 15 vehicle and traffic law are REPEALED and paragraph c of subdivision 2 is 16 relettered paragraph b. 17 § 3. Subparagraph (iii) of paragraph (c) of subdivision 2-a of section 18 238 of the vehicle and traffic law, as added by chapter 409 of the laws 19 of 2001, is amended to read as follows: 20 (iii) Upon a finding by a hearing examiner that the dismissal of a 21 charged parking violation has been procured due to the knowing fraud, 22 false testimony, misrepresentation, or other misconduct, or the knowing 23 alteration of a notice of parking violation, by the person so charged or 24 [his or her] such person's agent, employee, or representative, the 25 dismissal shall be set aside and a determination may be rendered against 26 the owner on the charged parking violation. The hearing examiner may 27 impose monetary penalties for the charged parking violation of up to 28 three times the scheduled fine for the violation [and three times the 29 additional penalties that may be imposed for failure to respond to a 30 notice of violation pursuant to section two hundred thirty-five of this 31 article. For purposes of determining the amount of such additional 32 penalties, the hearing examiner shall disregard the plea that procured 33 the dismissal that has been set aside and shall calculate such penalties 34 as if there had been no plea or appearance in the proceeding]. In any 35 proceeding under this paragraph to set aside a determination and to 36 impose penalties for the violation, it shall not be necessary for the 37 hearing examiner to find that the owner personally committed the unlaw- 38 ful acts that procured the dismissal of the violation. 39 § 4. The vehicle and traffic law is amended by adding a new section 40 238-a to read as follows: 41 § 238-a. Prohibition of certain late fees. Notwithstanding any incon- 42 sistent provision of this article, or any general, special, or local law 43 or administrative code to the contrary, an owner shall not be subject to 44 additional penalties for failure to respond to a notice of violation but 45 only, in the event such owner is found liable for such violation, fail- 46 ure to pay the imposed fine in a timely fashion. 47 § 5. This act shall take effect immediately.