Bill Text: NY S06422 | 2015-2016 | General Assembly | Amended

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Bill Title: Prohibits any municipality from collecting a fine, penalty or forfeiture, when the charge of a violation of the vehicle and traffic law is dismissed; authorizes the imposition of fines when a person is convicted of or found liable for certain charges.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-03-21 - SIGNED CHAP.16 [S06422 Detail]

Download: New_York-2015-S06422-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6422--A
            Cal. No. 33
                    IN SENATE
                                     January 8, 2016
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules -- reported  favora-
          bly  from said committee, ordered to a third reading, passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading
        AN ACT to amend the vehicle and traffic law, in relation to the  imposi-
          tion  of  fines  when  a  person  is  convicted of or found liable for
          certain charges, and to amend chapter 578 of the laws of 2015 amending
          the vehicle and traffic law relating 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, in relation  to
          the effectiveness thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1804 of the vehicle and traffic law,  as  added  by
     2  chapter 578 of the laws of 2015, is amended to read as follows:
     3    §  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] 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] if such person is convicted of or found
    11  liable for a violation of this chapter  or  any  local  law,  ordinance,
    12  order,  rule, regulation or administrative code adopted pursuant to this
    13  chapter in satisfaction of such charge.
    14    § 2. Section 2 of chapter 578 of the laws of 2015, amending the  vehi-
    15  cle  and  traffic  law  relating  to  prohibiting  any municipality from
    16  collecting a fine, penalty or forfeiture when the charge of a  violation
    17  of  the  vehicle  and  traffic  law  is dismissed, is amended to read as
    18  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10384-08-6