New York State Assembly

 
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A05606 Summary:

A05606 Actions:

A05606 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:03/22/2023AYE/NAY:25/0  Action: Favorable refer to committee Ways and Means        
Magnarelli
Aye
McDonough
Excused
Lupardo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Simon
Aye
DeStefano
Aye
Williams
Aye
Durso
Aye
Fahy
Aye
Giglio
Aye
McMahon
Aye
McGowan
Aye
Darling
Aye
Slater
Aye
Wallace
Aye
Burgos
Aye
Gallagher
Aye
Mitaynes
Aye
Sillitti
Aye
De Los Santos
Aye
Cunningham
Aye
Alvarez
Aye
Shrestha
Aye
Shimsky
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/16/2023AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Excused
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/17/2023AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A05606 Floor Votes:

A05606 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5606
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to the distrib-
          ution of fines from speed violation monitoring systems in work zones
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 11 and 12 of section 1803 of the vehicle and
     2  traffic law, as added by chapter 421 of the laws of 2021, are amended to
     3  read as follows:
     4    11. [Except as otherwise provided in paragraph e of subdivision one of
     5  this section, where] Where the commissioner of transportation has estab-
     6  lished a demonstration program imposing monetary liability on the  owner
     7  of  a vehicle for failure of an operator thereof to comply with subdivi-
     8  sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
     9  ter in accordance with section eleven hundred eighty-e of this  chapter,
    10  any  fine  or  penalty  collected by a court, judge, magistrate or other
    11  officer for an imposition of liability which  occurs  pursuant  to  such
    12  program shall be paid to the state comptroller within the first ten days
    13  of  the  month  following  collection,  except  as otherwise provided in
    14  subdivision three of section ninety-nine-a of  the  state  finance  law.
    15  Every  such payment shall be accompanied by a statement in such form and
    16  detail as the comptroller shall provide.  [The  comptroller  shall  pay]
    17  Notwithstanding  the  provisions  of  subdivision  five of this section,
    18  eighty percent of any such fine or penalty imposed  for  such  liability
    19  shall  be  paid to the general fund, and twenty percent of any such fine
    20  or penalty shall be paid to the city,  town  or  village  in  which  the
    21  violation giving rise to the liability occurred, provided, however, that
    22  within  a  county  that has established a traffic and parking violations
    23  agency pursuant to section three hundred seventy of the general  munici-
    24  pal law and such liability is disposed of by such agency, eighty percent
    25  of  any such fine or penalty imposed for such liability shall be paid to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10167-04-3
        A. 5606                             2
 
     1  the general fund, and twenty percent of any such fine or  penalty  shall
     2  be  paid to the county in which the violation giving rise to the liabil-
     3  ity occurred.  With respect to the percentage of fines or penalties paid
     4  to  the  general  fund, no less than sixty percent shall be dedicated to
     5  department of transportation work zone safety projects  after  deducting
     6  the   expenses  necessary  to  administer  such  demonstration  program,
     7  provided, however, that such funds provided pursuant to this subdivision
     8  shall be payable on the audit and warrant of the comptroller  and  shall
     9  only  be  used  to  supplement  and not supplant current expenditures of
    10  state funds on work zone safety  projects.  For  the  purposes  of  this
    11  subdivision, "work zone safety projects" shall apply to work zones under
    12  the  jurisdiction of the department of transportation and shall include,
    13  but not be limited  to,  inspection  and  implementation  of  work  zone
    14  design, maintenance, traffic plans and markings, worker safety training,
    15  contractor  outreach,  enforcement efforts, radar speed display signs at
    16  major active work zones and police presence at major active work  zones,
    17  as  provided in section twenty-two of the transportation law. All fines,
    18  penalties and forfeitures paid to a county, city, town or village pursu-
    19  ant to the provisions of this  subdivision  shall  be  credited  to  the
    20  general  fund  of such county, city, town or village, unless a different
    21  disposition is prescribed by charter, special law, local  law  or  ordi-
    22  nance.
    23    12. [Except as otherwise provided in paragraph e of subdivision one of
    24  this  section,  where]  Where  the  chair  of the New York state thruway
    25  authority has established  a  demonstration  program  imposing  monetary
    26  liability  on  the owner of a vehicle for failure of an operator thereof
    27  to comply with subdivision (b),  (d),  (f)  or  (g)  of  section  eleven
    28  hundred eighty of this chapter in accordance with section eleven hundred
    29  eighty-e  of  this  chapter,  any  fine or penalty collected by a court,
    30  judge, magistrate or other officer for an imposition of liability  which
    31  occurs  pursuant  to such program shall be paid to the state comptroller
    32  within the first ten days of the month following collection,  except  as
    33  otherwise  provided in subdivision three of section ninety-nine-a of the
    34  state finance law.  Every such payment shall be accompanied by a  state-
    35  ment  in  such  form  and  detail as the comptroller shall provide. [The
    36  comptroller shall pay] Notwithstanding  the  provisions  of  subdivision
    37  five of this section, eighty percent of any such fine or penalty imposed
    38  for  such  liability  shall be paid to the thruway authority, and twenty
    39  percent of any such fine or penalty shall be paid to the city,  town  or
    40  village  in  which  the violation giving rise to the liability occurred,
    41  provided, however, that within a county that has established  a  traffic
    42  and  parking violations agency pursuant to section three hundred seventy
    43  of the general municipal law and such liability is disposed of  by  such
    44  agency,  eighty  percent  of  any  such fine or penalty imposed for such
    45  liability shall be paid to the thruway authority, and twenty percent  of
    46  any  such  fine  or  penalty  shall  be  paid to the county in which the
    47  violation giving rise to the liability occurred.   With respect  to  the
    48  percentage  of fines or penalties paid to the thruway authority, no less
    49  than sixty percent shall be dedicated to  thruway  authority  work  zone
    50  safety  projects  after  deducting  the expenses necessary to administer
    51  such demonstration program, provided, however, that such funds  provided
    52  pursuant  to  this subdivision shall be payable on the audit and warrant
    53  of the comptroller and shall only be used to supplement and not supplant
    54  current expenditures of state funds on work zone  safety  projects.  For
    55  the  purposes  of  this  subdivision,  "work zone safety projects" shall
    56  apply to work zones under the jurisdiction of the thruway authority  and
        A. 5606                             3
 
     1  shall  include,  but not be limited to, inspection and implementation of
     2  work zone design, maintenance, traffic plans and markings, worker safety
     3  training, contractor outreach, enforcement efforts, radar speed  display
     4  signs  at  major  active  work zones and police presence at major active
     5  work zones, as provided in section twenty-two of the transportation law.
     6  For the purposes of this subdivision, the term "thruway authority" shall
     7  mean the New York state thruway authority, a body corporate and  politic
     8  constituting  a  public  corporation created and constituted pursuant to
     9  title nine of article two of the  public  authorities  law.  All  fines,
    10  penalties and forfeitures paid to a county, city, town or village pursu-
    11  ant  to  the  provisions  of  this  subdivision shall be credited to the
    12  general fund of such county, city, town or village, unless  a  different
    13  disposition  is  prescribed  by charter, special law, local law or ordi-
    14  nance.
    15    § 2. This act shall take effect immediately; provided,  however,  that
    16  the  amendments to subdivisions 11 and 12 of section 1803 of the vehicle
    17  and traffic law made by section one of this act  shall  not  affect  the
    18  expiration  and repeal of such subdivisions and shall be deemed repealed
    19  therewith.