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A07653 Summary:

A07653 Actions:

A07653 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/06/2024AYE/NAY:29/6  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Nay
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Nay
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/07/2024AYE/NAY:19/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Excused
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Excused
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A07653 Floor Votes:

A07653 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7653
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 30, 2023
                                       ___________
 
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic  law,  in  relation  to  adjudi-
          cations  and owner liability for a violation of traffic-control signal
          indications in the city of Schenectady; to amend the  public  officers
          law, in relation to accessing records; and providing for the repeal of
          certain provisions upon expiration thereof
 
          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 1111-g to read as follows:
     3    §  1111-g.  Owner  liability  for  failure  of operator to comply with
     4  traffic-control indications. (a) 1. Notwithstanding any other  provision
     5  of  law,  the  city of Schenectady is hereby authorized and empowered to
     6  adopt and amend a local law or ordinance  establishing  a  demonstration
     7  program  imposing monetary liability on the owner of a vehicle for fail-
     8  ure of an operator thereof to comply with traffic-control indications in
     9  such city in accordance with the provisions of this section. Such demon-
    10  stration program shall empower such city to install and  operate  traff-
    11  ic-control  signal  photo  violation-monitoring  devices at no more than
    12  twelve intersections within such city at any one time.
    13    2. Such demonstration program shall utilize necessary technologies  to
    14  ensure,  to  the  extent  practicable, that photographs produced by such
    15  traffic-control signal  photo  violation-monitoring  systems  shall  not
    16  include images that identify the driver, the passengers, or the contents
    17  of  the  vehicle.  Provided, however, that no notice of liability issued
    18  pursuant to this section shall be dismissed solely because a  photograph
    19  or  photographs  allow for the identification of the contents of a vehi-
    20  cle, provided that such city has made a reasonable effort to comply with
    21  the provisions of this paragraph.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11678-02-3
        A. 7653                             2
 
     1    (b) In any such city which has adopted a local law or ordinance pursu-
     2  ant to subdivision (a) of this section, the owner of a vehicle shall  be
     3  liable  for  a  penalty imposed pursuant to this section if such vehicle
     4  was used or operated with  the  permission  of  the  owner,  express  or
     5  implied, in violation of subdivision (d) of section eleven hundred elev-
     6  en  of  this  article,  and  such  violation is evidenced by information
     7  obtained  from  a  traffic-control  signal  photo   violation-monitoring
     8  system;  provided however that no owner of a vehicle shall be liable for
     9  a penalty imposed pursuant to this section where the  operator  of  such
    10  vehicle  has  been  convicted of the underlying violation of subdivision
    11  (d) of section eleven hundred eleven of this article.
    12    (c) For purposes of this section, "owner" shall have  the  meaning  as
    13  provided in article two-B of this chapter. For purposes of this section,
    14  "traffic-control  signal photo violation-monitoring system" shall mean a
    15  vehicle sensor installed to work in conjunction with  a  traffic-control
    16  signal which automatically produces two or more photographs, two or more
    17  microphotographs,  a  videotape or other recorded images of each vehicle
    18  at the time it is used or operated in violation of  subdivision  (d)  of
    19  section eleven hundred eleven of this article.
    20    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    21  the city of Schenectady in which the charged violation  occurred,  or  a
    22  facsimile  thereof,  based  upon  inspection of photographs, microphoto-
    23  graphs, videotape or other recorded images produced by a traffic-control
    24  signal photo violation-monitoring system, shall be prima facie  evidence
    25  of the facts contained therein. Any photographs, microphotographs, vide-
    26  otape  or  other  recorded  images  evidencing such a violation shall be
    27  available for inspection in any proceeding to adjudicate  the  liability
    28  for such violation pursuant to a local law or ordinance adopted pursuant
    29  to this section.
    30    (e)  An  owner  liable  for  a violation of subdivision (d) of section
    31  eleven hundred eleven of this article pursuant to a local law  or  ordi-
    32  nance  adopted  pursuant  to  this  section shall be liable for monetary
    33  penalties in accordance with a schedule of fines and penalties to be set
    34  forth in such local law or ordinance, except that if such city by  local
    35  law has authorized the adjudication of such owner liability by a parking
    36  violations  bureau,  such  schedule shall be promulgated by such bureau.
    37  The liability of the owner pursuant to this  section  shall  not  exceed
    38  fifty dollars for each violation; provided, however, that such local law
    39  or  ordinance  may  provide  for  an additional penalty not in excess of
    40  twenty-five dollars for each violation for the failure to respond  to  a
    41  notice of liability within the prescribed time period.
    42    (f)  An imposition of liability under a local law or ordinance adopted
    43  pursuant to this section shall not be deemed a conviction as an operator
    44  and shall not be made part of the operating record of  the  person  upon
    45  whom  such  liability  is  imposed  nor  shall  it be used for insurance
    46  purposes in the provision of motor vehicle insurance coverage.
    47    (g) 1. A notice of liability shall be sent by first class mail to each
    48  person alleged to be liable as an owner for a violation  of  subdivision
    49  (d)  of  section  eleven hundred eleven of this article pursuant to this
    50  section. Personal delivery on the owner shall not be required. A  manual
    51  or  automatic record of mailing prepared in the ordinary course of busi-
    52  ness shall be prima facie evidence of the facts contained therein.
    53    2. A notice of liability shall contain the name  and  address  of  the
    54  person  alleged  to be liable as an owner for a violation of subdivision
    55  (d) of section eleven hundred eleven of this article  pursuant  to  this
    56  section,  the  registration  number  of  the  vehicle  involved  in such
        A. 7653                             3
 
     1  violation, the location where such violation took place,  the  date  and
     2  time of such violation and the identification number of the camera which
     3  recorded the violation or other document locator number.
     4    3.  The  notice  of  liability  shall contain information advising the
     5  person charged of the manner and the time in which he or she may contest
     6  the liability alleged in the notice. Such notice of liability shall also
     7  contain a warning to advise the persons charged that failure to  contest
     8  in  the manner and time provided shall be deemed an admission of liabil-
     9  ity and that a default judgment may be entered thereon.
    10    4. The notice of liability shall be prepared and mailed by the city of
    11  Schenectady, or by any other entity authorized by such city  to  prepare
    12  and mail such notification of violation.
    13    (h)  Adjudication of the liability imposed upon owners by this section
    14  shall be by a traffic violations bureau established pursuant to  section
    15  three hundred seventy of the general municipal law or, if there be none,
    16  by  the  court having jurisdiction over traffic infractions, except that
    17  if such city has established an  administrative  tribunal  to  hear  and
    18  determine complaints of traffic infractions constituting parking, stand-
    19  ing  or  stopping violations such city may, by local law, authorize such
    20  adjudication by such tribunal.
    21    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    22  section for any time period during which the vehicle was reported to the
    23  police  department as having been stolen, it shall be a valid defense to
    24  an allegation of liability for a violation of subdivision (d) of section
    25  eleven hundred eleven of this article pursuant to this section that  the
    26  vehicle  had been reported to the police as stolen prior to the time the
    27  violation occurred and had not been recovered by such time. For purposes
    28  of asserting the defense provided by this subdivision it shall be suffi-
    29  cient that a certified copy of the police report on the  stolen  vehicle
    30  be  sent  by  first  class  mail to the traffic violations bureau, court
    31  having jurisdiction or parking violations bureau.
    32    (j) 1. In such city where the adjudication of liability  imposed  upon
    33  owners  pursuant  to this section is by a traffic violations bureau or a
    34  court having jurisdiction, an owner who is a  lessor  of  a  vehicle  to
    35  which  a  notice  of liability was issued pursuant to subdivision (g) of
    36  this section shall not be liable for the violation of subdivision (d) of
    37  section eleven hundred eleven of this article, provided that he  or  she
    38  sends  to  the  traffic violations bureau or court having jurisdiction a
    39  copy of the rental, lease or other such contract document covering  such
    40  vehicle  on  the date of the violation, with the name and address of the
    41  lessee clearly legible, within thirty-seven days after receiving  notice
    42  from the bureau or court of the date and time of such violation, togeth-
    43  er  with  the  other  information  contained  in  the original notice of
    44  liability.  Failure to send such information  within  such  thirty-seven
    45  day time period shall render the owner liable for the penalty prescribed
    46  by  this section.  Where the lessor complies with the provisions of this
    47  paragraph, the lessee of such vehicle on  the  date  of  such  violation
    48  shall  be  deemed  to  be the owner of such vehicle for purposes of this
    49  section, shall be subject to liability for the violation of  subdivision
    50  (d)  of  section  eleven hundred eleven of this article pursuant to this
    51  section and shall be sent a notice of liability pursuant to  subdivision
    52  (g) of this section.
    53    2.  (I)  In  such city which, by local law, has authorized the adjudi-
    54  cation of liability imposed upon owners by this  section  by  a  parking
    55  violations  bureau,  an  owner  who  is a lessor of a vehicle to which a
    56  notice of liability was issued  pursuant  to  subdivision  (g)  of  this
        A. 7653                             4
 
     1  section  shall  not  be  liable  for the violation of subdivision (d) of
     2  section eleven hundred eleven of this article, provided that:
     3    (A)  prior  to  the violation, the lessor has filed with the bureau in
     4  accordance with the provisions of section  two  hundred  thirty-nine  of
     5  this chapter; and
     6    (B) within thirty-seven days after receiving notice from the bureau of
     7  the  date  and  time of a liability, together with the other information
     8  contained in the original notice of liability, the lessor submits to the
     9  bureau the correct name and address of the lessee of the vehicle identi-
    10  fied in the notice of liability at the time of such violation,  together
    11  with such other additional information contained in the rental, lease or
    12  other  contract  document,  as  may be reasonably required by the bureau
    13  pursuant to regulations that may be promulgated for such purpose.
    14    (II) Failure to comply with clause (B) of  subparagraph  (I)  of  this
    15  paragraph  shall  render  the owner liable for the penalty prescribed in
    16  this section.
    17    (III) Where the lessor complies with the provisions of this paragraph,
    18  the lessee of such vehicle on the date of such violation shall be deemed
    19  to be the owner of such vehicle for purposes of this section,  shall  be
    20  subject  to  liability  for  such violation pursuant to this section and
    21  shall be sent a notice of liability pursuant to subdivision (g) of  this
    22  section.
    23    (k)  1.  If  the  owner  liable  for a violation of subdivision (d) of
    24  section eleven hundred eleven of this article pursuant to  this  section
    25  was  not  the  operator of the vehicle at the time of the violation, the
    26  owner may maintain an action for indemnification against the operator.
    27    2. Notwithstanding any other provision of this section, no owner of  a
    28  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    29  section if the operator of such vehicle was operating such vehicle with-
    30  out the consent of the owner at the time such operator failed to obey  a
    31  traffic-control indication. For purposes of this subdivision there shall
    32  be  a  presumption  that the operator of such vehicle was operating such
    33  vehicle with the consent of the owner at the time such  operator  failed
    34  to obey a traffic-control indication.
    35    (l)  Nothing in this section shall be construed to limit the liability
    36  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
    37  section eleven hundred eleven of this article.
    38    (m)  Any city that adopts a demonstration program pursuant to subdivi-
    39  sion (a) of this section shall submit an  annual  report  detailing  the
    40  results  of the use of such traffic-control signal photo violation-moni-
    41  toring system to the governor, the temporary president of the senate and
    42  the speaker of the assembly on or before the  first  day  of  June  next
    43  succeeding  the  effective  date of this section and on the same date in
    44  each succeeding year in which the  demonstration  program  is  operable.
    45  Such report shall include, but not be limited to:
    46    1.  a  description of the locations where traffic-control signal photo
    47  violation-monitoring systems were used;
    48    2. the aggregate number, type and severity of  accidents  reported  at
    49  intersections  where a traffic-control signal photo violation-monitoring
    50  system is used for the three years preceding the  installation  of  such
    51  system, to the extent the information is maintained by the department of
    52  motor vehicles of this state;
    53    3.  the  aggregate  number, type and severity of accidents reported at
    54  intersections where a traffic-control signal photo  violation-monitoring
    55  system is used for the reporting year, as well as for each year that the
    56  traffic-control signal photo violation-monitoring system has been opera-
        A. 7653                             5

     1  tional, to the extent the information is maintained by the department of
     2  motor vehicles of this state;
     3    4.  the  number  of  events  and number of violations recorded at each
     4  intersection where a traffic-control signal  photo  violation-monitoring
     5  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
     6  basis;
     7    5. the number of notices of liability issued for  violations  recorded
     8  by such system at each intersection where a traffic-control signal photo
     9  violation-monitoring system is used;
    10    6.  the  number  of fines imposed and total amount of fines paid after
    11  first notice  of  liability  issued  for  violations  recorded  by  such
    12  systems;
    13    7.  the number and percentage of violations adjudicated and results of
    14  such  adjudications  including  breakdowns  of  dispositions  made   for
    15  violations recorded by such systems;
    16    8. the total amount of revenue realized by such city from such adjudi-
    17  cations  including a breakdown of revenue realized by such city for each
    18  year since deployment of its traffic-control signal photo violation-mon-
    19  itoring system;
    20    9. expenses incurred by such city in connection with the program; and
    21    10. quality of the adjudication process and its results.
    22    (n) It shall be a defense to any prosecution for a violation of subdi-
    23  vision (d) of section eleven hundred eleven of this article pursuant  to
    24  a  local  law  or  ordinance  adopted pursuant to this section that such
    25  traffic-control indications were  malfunctioning  at  the  time  of  the
    26  alleged violation.
    27    § 2. Subdivision 2 of section 87 of the public officers law is amended
    28  by adding a new paragraph (t) to read as follows:
    29    (t)  are  photographs,  microphotographs,  videotape or other recorded
    30  images prepared under authority of section eleven  hundred  eleven-g  of
    31  the vehicle and traffic law.
    32    §  3.  The  purchase or lease of equipment for a demonstration program
    33  established pursuant to section 1111-g of the vehicle  and  traffic  law
    34  shall be subject to the provisions of section 103 of the general munici-
    35  pal law.
    36    §  4.  This  act shall take effect on the thirtieth day after it shall
    37  have become a law and shall expire and be deemed  repealed  December  1,
    38  2028,  provided,  further,  that  any  such  local law as may be enacted
    39  pursuant to section one of this act  shall  remain  in  full  force  and
    40  effect only until December 1, 2028.