A08471 Summary:

BILL NOA08471
 
SAME ASSAME AS S05862
 
SPONSORFields
 
COSPNSR
 
MLTSPNSR
 
Amd SS370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, SS1690 & 225, V & T L; amd S350.20, CP L; amd S99-a, St Fin L
 
Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.
Go to top    

A08471 Actions:

BILL NOA08471
 
05/21/2009referred to transportation
01/06/2010referred to transportation
Go to top

A08471 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A08471 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8471
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2009
                                       ___________
 
        Introduced by M. of A. FIELDS -- read once and referred to the Committee
          on Transportation
 
        AN  ACT to amend the general municipal law, the vehicle and traffic law,
          the state finance law and the criminal procedure law, in  relation  to
          establishing  a traffic and parking violations agency in the county of
          Suffolk
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  370  of  the general municipal law is amended by
     2  adding a new subdivision 3 to read as follows:
     3    3. The board of supervisors of the county of Suffolk may by local  law
     4  establish  a traffic and parking violations agency to assist the Suffolk
     5  county district court to administer and dispose of traffic  and  parking
     6  infractions.
     7    §  2.  Section 370-a of the general municipal law, as added by chapter
     8  496 of the laws of 1990, subdivision 1 as amended by chapter 527 of  the
     9  laws of 2002, is amended to read as follows:
    10    § 370-a. Definitions. For the purpose of this article:
    11    1.  "Traffic and parking violations agency" shall mean a department of

    12  the Nassau county government established pursuant to subdivision two  of
    13  section  three  hundred  seventy  of this article or a department in the
    14  Suffolk county government established pursuant to subdivision  three  of
    15  such  section  to  administer and dispose of traffic and parking infrac-
    16  tions.
    17    2. "Traffic prosecutor" shall mean an attorney duly admitted to  prac-
    18  tice  law in the state of New York who, having been appointed and either
    19  hired or retained pursuant to section three hundred seventy-four of this
    20  article, has the responsibility of prosecuting any traffic  and  parking
    21  infractions  returnable  before  the Nassau county district court or the
    22  Suffolk county district court pursuant to the jurisdictional limitations
    23  of section three hundred seventy-one of this article.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11913-01-9

        A. 8471                             2
 
     1    § 3. Subdivisions 2, 3 and 4 of section 371 of the  general  municipal
     2  law,  subdivision 2 as amended by chapter 19 of the laws of 2009, subdi-
     3  vision 3 as amended by chapter 496 of the laws of 1990 and subdivision 4
     4  as amended by chapter 465 of the laws of 1998, are amended  to  read  as
     5  follows:
     6    2.  The Nassau county traffic and parking violations agency, as estab-
     7  lished, may be authorized to assist the Nassau  county  district  court,
     8  and  the Suffolk county traffic and parking violations agency, as estab-

     9  lished, may be authorized to assist the Suffolk county  district  court,
    10  in  the  disposition  and  administration  of infractions of traffic and
    11  parking laws, ordinances, rules and regulations  and  the  liability  of
    12  owners for violations of subdivision (d) of section eleven hundred elev-
    13  en  of  the  vehicle  and  traffic law in accordance with section eleven
    14  hundred eleven-b of such law, except that such [agency]  agencies  shall
    15  not  have  jurisdiction  over  (a)  the traffic infraction defined under
    16  subdivision one of section eleven hundred ninety-two of the vehicle  and
    17  traffic  law;  (b) the traffic infraction defined under subdivision five
    18  of section eleven hundred ninety-two of the vehicle and traffic law; (c)
    19  the violation defined under paragraph (b) of subdivision four of section

    20  fourteen-f of the transportation law and  the  violation  defined  under
    21  clause  (b)  of  subparagraph (iii) of paragraph d of subdivision two of
    22  section one hundred forty of the transportation  law;  (d)  the  traffic
    23  infraction  defined  under  section  three hundred ninety-seven-a of the
    24  vehicle and traffic law and the traffic infraction defined under  subdi-
    25  vision  (g)  of section eleven hundred eighty of the vehicle and traffic
    26  law; (e) any misdemeanor or felony; or (f) any offense that is  part  of
    27  the  same  criminal  transaction, as that term is defined in subdivision
    28  two of section 40.10 of the criminal procedure law, as  a  violation  of
    29  subdivision  one of section eleven hundred ninety-two of the vehicle and
    30  traffic law, a violation of subdivision five of section  eleven  hundred
    31  ninety-two  of the vehicle and traffic law, a violation of paragraph (b)

    32  of subdivision four of section fourteen-f of the transportation  law,  a
    33  violation of clause (b) of subparagraph (iii) of paragraph d of subdivi-
    34  sion  two  of  section  one  hundred  forty of the transportation law, a
    35  violation of section three hundred ninety-seven-a  of  the  vehicle  and
    36  traffic  law,  a  violation of subdivision (g) of section eleven hundred
    37  eighty of the vehicle and traffic law or any misdemeanor or felony.
    38    3. A person charged with an infraction which shall be disposed  of  by
    39  either  a  traffic violations bureau [or], the Nassau county traffic and
    40  parking violations agency, or the Suffolk  county  traffic  and  parking
    41  violations  agency  may be permitted to answer, within a specified time,
    42  at the traffic violations bureau, [and] in Nassau county at the  traffic

    43  and  parking  violations agency and in Suffolk county at the traffic and
    44  parking violations agency, either in  person  or  by  written  power  of
    45  attorney in such form as may be prescribed in the ordinance or local law
    46  creating the bureau or agency, by paying a prescribed fine and, in writ-
    47  ing, waiving a hearing in court, pleading guilty to the charge or admit-
    48  ting  liability  as  an  owner  for  the violation of subdivision (d) of
    49  section eleven hundred eleven of the vehicle and  traffic  law,  as  the
    50  case may be, and authorizing the person in charge of the bureau or agen-
    51  cy  to  enter  such a plea or admission and accept payment of said fine.
    52  Acceptance of the prescribed fine and power of attorney by the bureau or
    53  agency shall be deemed complete satisfaction for the violation or of the
    54  liability, and the violator or owner liable for a violation of  subdivi-

    55  sion (d) of section eleven hundred eleven of the vehicle and traffic law
    56  shall  be  given  a  receipt which so states. If a person charged with a

        A. 8471                             3
 
     1  traffic violation does not answer as hereinbefore prescribed,  within  a
     2  designated  time,  the  bureau  or  agency  may  cause a complaint to be
     3  entered against him forthwith and a warrant to be issued for his  arrest
     4  and  appearance before the court, such summons to be predicated upon the
     5  personal service of said  summons  upon  the  person  charged  with  the
     6  infraction.  Any person who shall have been, within the preceding twelve
     7  months, guilty of a number of parking violations in excess of such maxi-
     8  mum number as may be designated by  the  court,  or  of  three  or  more
     9  violations  other  than  parking  violations,  shall not be permitted to

    10  appear and answer to a subsequent violation at  the  traffic  violations
    11  bureau  or  agency,  but must appear in court at a time specified by the
    12  bureau or agency. Such bureau or  agency  shall  not  be  authorized  to
    13  deprive a person of his right to counsel or to prevent him from exercis-
    14  ing  his  right  to appear in court to answer to, explain, or defend any
    15  charge of a violation of any traffic law, ordinance, rule or regulation.
    16    4. Notwithstanding any inconsistent provision of law, fines, penalties
    17  and forfeitures collected by the Nassau county or Suffolk county traffic
    18  and parking violations  agency  shall  be  distributed  as  provided  in
    19  section  eighteen  hundred  three  of  the  vehicle and traffic law. All
    20  fines, penalties and  forfeitures  for  violations  adjudicated  by  the
    21  Nassau  county  or  Suffolk county traffic and parking violations agency

    22  pursuant to subdivision two of this section, with the exception of park-
    23  ing violations, and except as provided in subdivision three  of  section
    24  ninety-nine-a  of  the state finance law, shall be paid by such [agency]
    25  agencies to the state comptroller within the first ten days of the month
    26  following collection. Each such payment shall be accompanied by  a  true
    27  and  complete  report  in  such form and detail as the comptroller shall
    28  prescribe.
    29    § 4. Section 374 of the general municipal law, as amended  by  chapter
    30  527 of the laws of 2002, is amended to read as follows:
    31    §  374.  Traffic prosecutor selection and oversight. (a) The executive
    32  director of the Nassau county traffic and parking violations agency, and
    33  the executive  director  of  the  Suffolk  county  traffic  and  parking

    34  violations  agency,  appointed  pursuant  to  subdivision  (b)  of  this
    35  section, shall select and may contract with or hire one or more  persons
    36  who  are  attorneys,  duly  admitted  to the practice of law in New York
    37  state for the prosecution of any traffic and parking infraction,  except
    38  those  described in paragraphs (a), (b), (c), (d), (e) and (f) of subdi-
    39  vision two of section three hundred seventy-one of this article,  to  be
    40  heard,  tried  or  otherwise disposed of by the district court of Nassau
    41  county in the case of an attorney selected by the Nassau  county  execu-
    42  tive  director,  or by the district court of Suffolk county, in the case
    43  of an attorney selected by the Suffolk county executive director.   Such
    44  persons shall be known as "traffic prosecutors", as that term is defined

    45  in  section three hundred seventy-a of this article. Traffic prosecutors
    46  shall have the same power as a district attorney would otherwise have in
    47  the prosecution of any traffic or parking infraction which may, pursuant
    48  to the jurisdictional provisions of section three hundred seventy-one of
    49  this article, be prosecuted before the district court of  Nassau  county
    50  or the district court of Suffolk county, as the case may be.  The execu-
    51  tive  director  shall  give  active consideration to requiring that such
    52  traffic prosecutors serve on a full-time basis. Traffic prosecutors  are
    53  prohibited from appearing in any capacity other than as a traffic prose-
    54  cutor  in  any  part  of the Nassau county district court or the Suffolk
    55  county district court, as the case may be  on  any  matter  relating  to

    56  traffic  or parking violations and are further prohibited from appearing

        A. 8471                             4
 
     1  in any capacity other than as a traffic prosecutor in any other court or
     2  administrative tribunal on any matter relating  to  traffic  or  parking
     3  violations.
     4    (b)  The  county  executive  of  the  county of Nassau shall appoint a
     5  person to serve as the executive director of the Nassau  county  traffic
     6  and  parking violations agency subject to the confirmation of the county
     7  legislature of the county of Nassau. The county executive of the  county
     8  of  Suffolk shall appoint a person to serve as the executive director of
     9  the Suffolk county traffic and parking violations agency subject to  the
    10  confirmation  of  the  county  legislature of the county of Suffolk. The

    11  executive director shall be responsible for the oversight  and  adminis-
    12  tration  of  the  agency.  The  executive  director  of Nassau county is
    13  prohibited from appearing in any capacity in  any  part  of  the  Nassau
    14  county  district  court  and the executive director of Suffolk county is
    15  prohibited from appearing in any capacity in any  part  of  the  Suffolk
    16  county  district  court  on  any  matter  relating to traffic or parking
    17  violations and is further prohibited from appearing in any  capacity  in
    18  any  other  court  or  administrative tribunal on any matter relating to
    19  traffic or parking violations.
    20    (c) It shall be a misdemeanor for the executive director, any  traffic
    21  prosecutor  or  any judicial hearing officer assigned to hear traffic or
    22  parking violations cases pursuant to section one  thousand  six  hundred

    23  ninety  of the vehicle and traffic law to establish any quota of traffic
    24  violation convictions which must be obtained by any  traffic  prosecutor
    25  or judicial hearing officer. Nothing contained herein shall prohibit the
    26  taking  of any job action against a traffic prosecutor or judicial hear-
    27  ing officer for failure to satisfactorily perform such  prosecutor's  or
    28  officer's job assignment except that the employment productivity of such
    29  prosecutor  or officer shall not be measured by the attainment or nonat-
    30  tainment of any conviction quota. For the purposes  of  this  section  a
    31  conviction  quota shall mean a specific number of convictions which must
    32  be obtained within a specific time period.
    33    (d) The legislature of the county  of  Nassau  may  appropriate  those
    34  monies  which,  in  the legislature's sole discretion, are necessary for

    35  the compensation of those persons selected to serve as executive  direc-
    36  tor  and  traffic prosecutors and to cover all other expenses associated
    37  with the  administration  of  the  Nassau  county  traffic  and  parking
    38  violations agency.
    39    (e)  The  legislature  of  the county of Suffolk may appropriate those
    40  monies which, in the legislature's sole discretion,  are  necessary  for
    41  the  compensation of those persons selected to serve as executive direc-
    42  tor and traffic prosecutors and to cover all other  expenses  associated
    43  with  the  administration  of  the  Suffolk  county  traffic and parking
    44  violations agency.
    45    § 5. The article heading of article 44-A of the  vehicle  and  traffic
    46  law,  as added by chapter 496 of the laws of 1990, is amended to read as
    47  follows:

    48                      AUTHORITY OF THE NASSAU AND SUFFOLK
    49                            COUNTY DISTRICT COURT
    50                     JUDICIAL HEARING [OFFICER] OFFICERS
 
    51    § 6. The section heading, subdivision 1 and subdivision 4  of  section
    52  1690 of the vehicle and traffic law, the section heading and subdivision
    53  4  as  added  by  chapter  496  of the laws of 1990 and subdivision 1 as
    54  amended by chapter 420 of the laws of  2001,  are  amended  to  read  as
    55  follows:

        A. 8471                             5
 
     1    Authority of the Nassau county and Suffolk county district court judi-
     2  cial hearing [officer] officers.  1. Notwithstanding any other provision
     3  of law, where the trial of a traffic or parking infraction is authorized

     4  or  required  to  be  tried  before  the Nassau county district court or
     5  Suffolk  county  district court, and such traffic and parking infraction
     6  does not constitute a misdemeanor, felony, violation of subdivision  one
     7  of section eleven hundred ninety-two, subdivision five of section eleven
     8  hundred ninety-two, section three hundred ninety-seven-a, or subdivision
     9  (g)  of section eleven hundred eighty of this chapter, or a violation of
    10  paragraph (b) of subdivision four of section fourteen-f or clause (b) of
    11  subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
    12  hundred  forty of the transportation law, or any offense that is part of
    13  the same criminal transaction, as that term is  defined  in  subdivision
    14  two  of section 40.10 of the criminal procedure law, as such a misdemea-
    15  nor, felony, violation of subdivision  one  of  section  eleven  hundred

    16  ninety-two,  subdivision  two  of  section  eleven  hundred  ninety-two,
    17  section three hundred ninety-seven-a or subdivision (g) of section elev-
    18  en hundred eighty of this chapter, or a violation of  paragraph  (b)  of
    19  subdivision  four  of  section  fourteen-f or clause (b) of subparagraph
    20  (iii) of paragraph d of subdivision two of section one hundred forty  of
    21  the  transportation law, the administrative judge of the county in which
    22  the trial court is located, may  assign  judicial  hearing  officers  to
    23  conduct  such  a  trial. Such judicial hearing officers shall be village
    24  court justices or retired judges either of which shall have at least two
    25  years of experience conducting trials of traffic and parking  violations
    26  cases  and  shall  be admitted to practice law in this state. Where such
    27  assignment is made, the judicial hearing  officer  shall  entertain  the

    28  case in the same manner as a court and shall:
    29    (a) determine all questions of law;
    30    (b) act as the exclusive trier of all issues of fact;
    31    (c) render a verdict;
    32    (d) impose sentence; or
    33    (e) dispose of the case in any manner provided by law.
    34    4.  Judicial  hearing  officers  are  prohibited from appearing in any
    35  capacity other than as a judicial hearing officer in  any  part  of  the
    36  Nassau county or Suffolk county district court on any matter relating to
    37  traffic  or parking violations and are further prohibited from appearing
    38  in any capacity other than as a judicial hearing officer  in  any  other
    39  court  or  administrative  tribunal on any matter relating to traffic or
    40  parking violations.
    41    § 7. Subdivision 5 of section 350.20 of the criminal procedure law, as
    42  added by chapter 496 of the laws of 1990, is amended to read as follows:

    43    5. Notwithstanding the provisions of subdivision one of this  section,
    44  for  all  proceedings  before  the  district  court of Nassau county the
    45  administrative judge of Nassau  county  may,  and  for  all  proceedings
    46  before the district court of Suffolk county, the administrative judge of
    47  Suffolk  county  may, without the consent of the parties, assign matters
    48  involving traffic and parking  infractions  except  those  described  in
    49  paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
    50  three  hundred  seventy-one  of  the general municipal law to a judicial
    51  hearing officer [for all proceedings before the district court of Nassau
    52  county] in accordance with the provisions  of  section  sixteen  hundred
    53  ninety of the vehicle and traffic law.

    54    §  8.  Subdivision 1 of section 225 of the vehicle and traffic law, as
    55  amended by chapter 173 of the laws  of  1990,  is  amended  to  read  as
    56  follows:

        A. 8471                             6
 
     1    1.  Notwithstanding  any inconsistent provision of law, all violations
     2  of this chapter or of a law, ordinance, order, rule or regulation relat-
     3  ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
     4  offenses,  which  occur within a city having a population of two hundred
     5  thousand  or more in which administrative tribunals have heretofore been
     6  established, [or within that portion  of  Suffolk  county  for  which  a
     7  district  court has been established,] and which are classified as traf-
     8  fic infractions, may be heard and determined pursuant to the regulations

     9  of the commissioner as provided in this article. Whenever a crime and  a
    10  traffic  infraction  arise  out of the same transaction or occurrence, a
    11  charge alleging both offenses may be made returnable  before  the  court
    12  having  jurisdiction  over  the  crime. Nothing herein provided shall be
    13  construed to prevent a court, having jurisdiction over a criminal charge
    14  relating to traffic or a traffic infraction, from  lawfully  entering  a
    15  judgment  of  conviction,  whether or not based on a plea of guilty, for
    16  any offense classified as a traffic infraction.
    17    § 9. Subdivision 3 of section  99-a  of  the  state  finance  law,  as
    18  amended  by  chapter  465  of  the  laws  of 1998, is amended to read as
    19  follows:
    20    3. The comptroller  is  hereby  authorized  to  implement  alternative
    21  procedures,  including  guidelines in conjunction therewith, relating to

    22  the remittance of fines, penalties, forfeitures and other moneys by town
    23  and village justice courts, and by the Nassau [county] and Suffolk coun-
    24  ties traffic and parking violations [agency] agencies,  to  the  justice
    25  court  fund and for the distribution of such moneys by the justice court
    26  fund. Notwithstanding any law to the contrary,  the  alternative  proce-
    27  dures utilized may include:
    28    a. electronic funds transfer;
    29    b. remittance of funds by the justice court to the chief fiscal office
    30  of  the  town  or  village,  or,  in the case of the Nassau [county] and
    31  Suffolk counties traffic and parking violations  [agency]  agencies,  to
    32  the  county  treasurer, for distribution in accordance with instructions
    33  by the comptroller; and/or

    34    c. monthly, rather than quarterly, distribution of funds.
    35    The comptroller may require such reporting and record keeping as he or
    36  she deems necessary to ensure  the  proper  distribution  of  moneys  in
    37  accordance  with applicable laws. A justice court or the Nassau [county]
    38  and Suffolk counties traffic and parking  violations  [bureau]  agencies
    39  may utilize these procedures only when permitted by the comptroller, and
    40  such  permission, once given, may subsequently be withdrawn by the comp-
    41  troller on due notice.
    42    § 10. Subdivision 2 of section 99-l of the general municipal  law,  as
    43  amended  by  chapter  179  of  the  laws  of 2000, is amended to read as
    44  follows:
    45    2. The [county] counties of Nassau and Suffolk shall  be  entitled  to

    46  receive the amounts set forth in subdivision one of this section for the
    47  services  of  [the  Nassau]  their respective county traffic and parking
    48  violations agency and for  all  services  in  each  case  of  a  parking
    49  violation,  instituted  and  triable  in  such agency, wherein a fine is
    50  imposed, a surcharge of ten dollars.
    51    § 11. Subdivision 2 of section 99-l of the general municipal  law,  as
    52  added by chapter 261 of the laws of 1993, is amended to read as follows:
    53    2.  The  [county]  counties of Nassau and Suffolk shall be entitled to
    54  receive the amounts set forth in subdivision one of this section for the
    55  services of [the Nassau] their respective  county  traffic  and  parking
    56  violations agency.

        A. 8471                             7
 

     1    §  12. Notwithstanding any provision of law to the contrary no non-ju-
     2  dicial employee of the Suffolk county  district  court  shall  suffer  a
     3  diminution of salary, employment status or rights solely by operation of
     4  this act provided that nothing herein shall limit the legal authority of
     5  the  chief  administrator  of the courts to supervise the administration
     6  and operation of the unified court system.
     7    § 13. The administrative judge of Suffolk county  shall  issue  on  an
     8  annual  basis,  beginning  eighteen months following the creation of the
     9  Suffolk county traffic and parking violations agency pursuant to Suffolk
    10  county local law, a report detailing the progress, development and oper-
    11  ations of the traffic and parking violations agency. The report shall be
    12  provided to the governor, the temporary president  of  the  senate,  the

    13  speaker of the assembly, the Suffolk county executive, the Suffolk coun-
    14  ty  board  of  supervisors,  the  presiding  judge of the Suffolk county
    15  district court and the Suffolk county district attorney.
    16    § 14. This act shall take effect immediately; provided,  however,  the
    17  amendments to sections 370-a, subdivisions 2, 3 and 4 of section 371 and
    18  section 374 of the general municipal law, the article heading of article
    19  44-A and the section heading and subdivisions 1 and 4 of section 1690 of
    20  the  vehicle  and traffic law and subdivision 5 of section 350.20 of the
    21  criminal procedure law, as made by sections two, three, four, five,  six
    22  and seven of this act, respectively, shall take effect only in the event
    23  that the county of Suffolk shall have by local law established a traffic
    24  and parking violations agency; provided that the board of supervisors of

    25  the county of Suffolk shall notify the legislative bill drafting commis-
    26  sion  upon  the  occurrence of the enactment of the legislation provided
    27  for in sections two, three, four, five, six and seven  of  this  act  in
    28  order  that the commission may maintain an accurate and timely effective
    29  data base of the official text of the laws of the state of New  York  in
    30  furtherance of effectuating the provisions of section 44 of the legisla-
    31  tive law and section 70-b of the public officers law; provided, however,
    32  that  the amendments to section 371 of the general municipal law made by
    33  section three of this act  shall  not  affect  the  expiration  of  such
    34  section  and  shall be deemed to expire therewith; and provided that the
    35  amendments to subdivision 2 of section 99-l of the general municipal law
    36  made by section ten of this act shall be subject to the  expiration  and

    37  reversion  of  such  subdivision pursuant to section 6 of chapter 179 of
    38  the laws of 2000, as amended, when upon  such  date  the  provisions  of
    39  section eleven of this act shall take effect.
Go to top