Bill Text: NY S05046 | 2015-2016 | General Assembly | Amended

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Bill Title: Prohibits any municipality from collecting a fine, penalty, forfeiture, or any other fee unless a person charged with a violation of any law, rule, or regulation issued pursuant to the vehicle and traffic law is convicted of or found liable for such charge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-12-22 - APPROVAL MEMO.32 [S05046 Detail]

Download: New_York-2015-S05046-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5046--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
         any  municipality  from  collecting a fine, penalty or forfeiture when
         the charge of a violation of the vehicle and traffic law is dismissed
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 1804 to read as follows:
    3    S 1804. PROHIBITION OF IMPOSITION AND COLLECTION OF A  FINE,  PENALTY,
    4  FORFEITURE,   FEE   OR  SURCHARGE.    NOTWITHSTANDING  ANY  INCONSISTENT
    5  PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE, ORDER,  RULE,
    6  REGULATION  OR  ADMINISTRATIVE  CODE TO THE CONTRARY, A MUNICIPALITY MAY
    7  ONLY IMPOSE A FINE, PENALTY, FORFEITURE, OR ANY OTHER FEE  OR  SURCHARGE
    8  AGAINST  A  PERSON CHARGED WITH A VIOLATION OF THIS CHAPTER OR ANY LOCAL
    9  LAW, ORDINANCE, ORDER, RULE, REGULATION OR ADMINISTRATIVE  CODE  ADOPTED
   10  PURSUANT  TO THIS CHAPTER OF SUCH PERSON IS CONVICTED OF OR FOUND LIABLE
   11  FOR SUCH CHARGE.
   12    S 2. This act shall take effect on the one hundred twentieth day after
   13  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10384-03-5