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A09539 Summary:

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A09539 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9539--D
                                                                   R. R. 353
 
                   IN ASSEMBLY
 
                                     March 12, 2012
                                       ___________
 
        Introduced  by M. of A. RAMOS, SWEENEY, ENGLEBRIGHT, THIELE, WEISENBERG,
          RUSSELL, MAGEE, MILLMAN,  PERRY,  CRESPO,  SCHIMEL,  LUPARDO,  MAISEL,
          ESPINAL,  ROBERTS,  BRONSON, CUSICK, TITONE, BRAUNSTEIN -- Multi-Spon-
          sored by -- M.  of A. FITZPATRICK, GRAF, LOSQUADRO, McDONOUGH, MURRAY,

          RAIA, TOBACCO -- read once and referred  to  the  Committee  on  Local
          Governments  --  committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee -- reference  changed  to
          the Committee on Transportation -- committee discharged, bill amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended and recommitted to said committee -- reported and referred
          to the Committee on Codes -- reported and referred to the Committee on
          Ways and Means -- reported and referred to the Committee on  Rules  --
          again  amended  on  special order of third reading, ordered reprinted,
          retaining its place on the special order of third reading
 
        AN ACT to amend the general municipal law, the vehicle and traffic  law,

          the  criminal  procedure law and the state finance 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.  There shall be a department of the Suffolk county government known
     4  as the Suffolk county traffic and parking violations agency, which shall
     5  operate under the direction and control of the county executive.
     6    § 2. Section 370-a of the general municipal law, as added  by  chapter
     7  496  of the laws of 1990, subdivision 1 as amended by chapter 527 of the
     8  laws of 2002, is amended to read as follows:

     9    § 370-a. Definitions. For the purpose of this article:
    10    1. "Traffic and parking violations agency" shall mean a department  of
    11  the  Nassau county government established pursuant to subdivision two of
    12  section three hundred seventy of this article or  a  department  in  the
    13  Suffolk  county  government established pursuant to subdivision three of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11932-15-2
        A. 9539--D                          2
 
     1  such section to administer and dispose of traffic  and  parking  infrac-
     2  tions.
     3    2.  "Traffic prosecutor" shall mean an attorney duly admitted to prac-

     4  tice law in the state of New York who, having been appointed and  either
     5  hired or retained pursuant to section three hundred seventy-four of this
     6  article,  has  the responsibility of prosecuting any traffic and parking
     7  infractions returnable before the Nassau county district  court  or  the
     8  Suffolk county district court pursuant to the jurisdictional limitations
     9  of section three hundred seventy-one of this article.
    10    §  3.  Subdivisions 2, 3 and 4 of section 371 of the general municipal
    11  law, subdivision 2 as amended by section 21 of part G of chapter  58  of
    12  the laws of 2012, subdivision 3 as amended by chapter 496 of the laws of
    13  1990  and  subdivision  4 as amended by chapter 465 of the laws of 1998,
    14  are amended to read as follows:
    15    2. The Nassau county traffic and parking violations agency, as  estab-

    16  lished,  may  be  authorized to assist the Nassau county district court,
    17  and the Suffolk county traffic and parking violations agency, as  estab-
    18  lished,  may  be authorized to assist the Suffolk county district court,
    19  in the disposition and administration  of  infractions  of  traffic  and
    20  parking  laws,  ordinances,  rules  and regulations and the liability of
    21  owners for violations of subdivision (d) of section eleven hundred elev-
    22  en of the vehicle and traffic law  in  accordance  with  section  eleven
    23  hundred  eleven-b  of such law, except that such [agency] agencies shall
    24  not have jurisdiction over (a)  the  traffic  infraction  defined  under
    25  subdivision  one of section eleven hundred ninety-two of the vehicle and
    26  traffic law; (b) the traffic infraction defined under  subdivision  five

    27  of section eleven hundred ninety-two of the vehicle and traffic law; (c)
    28  the violation defined under paragraph (b) of subdivision four of section
    29  fourteen-f  of  the  transportation  law and the violation defined under
    30  clause (b) of subparagraph (iii) of paragraph c of  subdivision  two  of
    31  section  one  hundred  forty  of the transportation law; (d) the traffic
    32  infraction defined under section three  hundred  ninety-seven-a  of  the
    33  vehicle  and traffic law and the traffic infraction defined under subdi-
    34  vision (g) of section eleven hundred eighty of the vehicle  and  traffic
    35  law;  (e)  any misdemeanor or felony; or (f) any offense that is part of
    36  the same criminal transaction, as that term is  defined  in  subdivision
    37  two  of  section  40.10 of the criminal procedure law, as a violation of
    38  subdivision one of section eleven hundred ninety-two of the vehicle  and

    39  traffic  law,  a violation of subdivision five of section eleven hundred
    40  ninety-two of the vehicle and traffic law, a violation of paragraph  (b)
    41  of  subdivision  four of section fourteen-f of the transportation law, a
    42  violation of clause (b) of subparagraph (iii)  of  paragraph  [d]  c  of
    43  subdivision  two of section one hundred forty of the transportation law,
    44  a violation of section three hundred ninety-seven-a of the  vehicle  and
    45  traffic  law,  a  violation of subdivision (g) of section eleven hundred
    46  eighty of the vehicle and traffic law or any misdemeanor or felony.
    47    3. A person charged with an infraction which shall be disposed  of  by
    48  either  a  traffic violations bureau [or], the Nassau county traffic and
    49  parking violations agency, or the Suffolk  county  traffic  and  parking

    50  violations  agency  may be permitted to answer, within a specified time,
    51  at the traffic violations bureau, [and] in Nassau county at the  traffic
    52  and  parking  violations agency and in Suffolk county at the traffic and
    53  parking violations agency, either in  person  or  by  written  power  of
    54  attorney in such form as may be prescribed in the ordinance or local law
    55  creating the bureau or agency, by paying a prescribed fine and, in writ-
    56  ing, waiving a hearing in court, pleading guilty to the charge or admit-
        A. 9539--D                          3
 
     1  ting  liability  as  an  owner  for  the violation of subdivision (d) of
     2  section eleven hundred eleven of the vehicle and  traffic  law,  as  the
     3  case may be, and authorizing the person in charge of the bureau or agen-

     4  cy  to  enter  such a plea or admission and accept payment of said fine.
     5  Acceptance of the prescribed fine and power of attorney by the bureau or
     6  agency shall be deemed complete satisfaction for the violation or of the
     7  liability, and the violator or owner liable for a violation of  subdivi-
     8  sion (d) of section eleven hundred eleven of the vehicle and traffic law
     9  shall  be  given  a  receipt which so states. If a person charged with a
    10  traffic violation does not answer as hereinbefore prescribed,  within  a
    11  designated  time,  the  bureau  or  agency  may  cause a complaint to be
    12  entered against him forthwith and a warrant to be issued for his  arrest
    13  and  appearance before the court, such summons to be predicated upon the
    14  personal service of said  summons  upon  the  person  charged  with  the
    15  infraction.  Any person who shall have been, within the preceding twelve

    16  months, guilty of a number of parking violations in excess of such maxi-
    17  mum number as may be designated by  the  court,  or  of  three  or  more
    18  violations  other  than  parking  violations,  shall not be permitted to
    19  appear and answer to a subsequent violation at  the  traffic  violations
    20  bureau  or  agency,  but must appear in court at a time specified by the
    21  bureau or agency. Such bureau or  agency  shall  not  be  authorized  to
    22  deprive a person of his right to counsel or to prevent him from exercis-
    23  ing  his  right  to appear in court to answer to, explain, or defend any
    24  charge of a violation of any traffic law, ordinance, rule or regulation.
    25    4. Notwithstanding any inconsistent provision of law, fines, penalties
    26  and forfeitures collected by the Nassau county or Suffolk county traffic
    27  and parking violations  agency  shall  be  distributed  as  provided  in

    28  section  eighteen  hundred  three  of  the  vehicle and traffic law. All
    29  fines, penalties and  forfeitures  for  violations  adjudicated  by  the
    30  Nassau  county  or  Suffolk county traffic and parking violations agency
    31  pursuant to subdivision two of this section, with the exception of park-
    32  ing violations, and except as provided in subdivision three  of  section
    33  ninety-nine-a  of  the state finance law, shall be paid by such [agency]
    34  agencies to the state comptroller within the first ten days of the month
    35  following collection. Each such payment shall be accompanied by  a  true
    36  and  complete  report  in  such form and detail as the comptroller shall
    37  prescribe.
    38    § 4. Section 374 of the general municipal law, as amended  by  chapter
    39  527 of the laws of 2002, is amended to read as follows:

    40    §  374.  Traffic prosecutor selection and oversight. (a) The executive
    41  director of the Nassau county traffic and parking violations agency, and
    42  the executive  director  of  the  Suffolk  county  traffic  and  parking
    43  violations  agency,  appointed  pursuant  to  subdivision  (b)  of  this
    44  section, shall select and may contract with or hire one or more  persons
    45  who  are  attorneys,  duly  admitted  to the practice of law in New York
    46  state for the prosecution of any traffic and parking infraction,  except
    47  those  described in paragraphs (a), (b), (c), (d), (e) and (f) of subdi-
    48  vision two of section three hundred seventy-one of this article,  to  be
    49  heard,  tried  or  otherwise disposed of by the district court of Nassau
    50  county in the case of an attorney selected by the Nassau  county  execu-

    51  tive  director,  or by the district court of Suffolk county, in the case
    52  of an attorney selected by the Suffolk county executive director.   Such
    53  persons shall be known as "traffic prosecutors", as that term is defined
    54  in  section three hundred seventy-a of this article. Traffic prosecutors
    55  shall have the same power as a district attorney would otherwise have in
    56  the prosecution of any traffic or parking infraction which may, pursuant
        A. 9539--D                          4
 
     1  to the jurisdictional provisions of section three hundred seventy-one of
     2  this article, be prosecuted before the district court of  Nassau  county
     3  or  the  district  court  of  Suffolk  county,  if the traffic violation
     4  occurred  in  Suffolk county.   The executive director shall give active

     5  consideration to requiring that such  traffic  prosecutors  serve  on  a
     6  full-time  basis.  Traffic  prosecutors are prohibited from appearing in
     7  any capacity other than as a traffic  prosecutor  in  any  part  of  the
     8  Nassau  county  district  court or the Suffolk county district court, if
     9  the traffic violation occurred in Suffolk county on any matter  relating
    10  to traffic or parking violations and are further prohibited from appear-
    11  ing  in  any  capacity  other  than as a traffic prosecutor in any other
    12  court or administrative tribunal on any matter relating  to  traffic  or
    13  parking violations.
    14    (b)  The  county  executive  of  the  county of Nassau shall appoint a
    15  person to serve as the executive director of the Nassau  county  traffic
    16  and  parking violations agency subject to the confirmation of the county

    17  legislature of the county of Nassau. The county executive of the  county
    18  of  Suffolk shall appoint a person to serve as the executive director of
    19  the Suffolk county traffic and parking violations agency subject to  the
    20  confirmation  of  the  county  legislature of the county of Suffolk. The
    21  executive director shall be responsible for the oversight  and  adminis-
    22  tration  of  the  agency.  The  executive  director  of Nassau county is
    23  prohibited from appearing in any capacity in  any  part  of  the  Nassau
    24  county  district  court  and the executive director of Suffolk county is
    25  prohibited from appearing in any capacity in any  part  of  the  Suffolk
    26  county  district  court  on  any  matter  relating to traffic or parking

    27  violations and is further prohibited from appearing in any  capacity  in
    28  any  other  court  or  administrative tribunal on any matter relating to
    29  traffic or parking violations.
    30    (c) It shall be a misdemeanor for the executive director, any  traffic
    31  prosecutor  or  any judicial hearing officer assigned to hear traffic or
    32  parking violations cases pursuant to section one  thousand  six  hundred
    33  ninety  of the vehicle and traffic law to establish any quota of traffic
    34  violation convictions which must be obtained by any  traffic  prosecutor
    35  or judicial hearing officer. Nothing contained herein shall prohibit the
    36  taking  of any job action against a traffic prosecutor or judicial hear-
    37  ing officer for failure to satisfactorily perform such  prosecutor's  or
    38  officer's job assignment except that the employment productivity of such

    39  prosecutor  or officer shall not be measured by the attainment or nonat-
    40  tainment of any conviction quota. For the purposes  of  this  section  a
    41  conviction  quota shall mean a specific number of convictions which must
    42  be obtained within a specific time period.
    43    (d) The legislature of the county  of  Nassau  may  appropriate  those
    44  monies  which,  in  the legislature's sole discretion, are necessary for
    45  the compensation of those persons selected to serve as executive  direc-
    46  tor  and  traffic prosecutors and to cover all other expenses associated
    47  with the  administration  of  the  Nassau  county  traffic  and  parking
    48  violations agency.
    49    (e)  The  legislature  of  the county of Suffolk may appropriate those
    50  monies which, in the legislature's sole discretion,  are  necessary  for

    51  the  compensation of those persons selected to serve as executive direc-
    52  tor and traffic prosecutors and to cover all other  expenses  associated
    53  with  the  administration  of  the  Suffolk  county  traffic and parking
    54  violations agency.
        A. 9539--D                          5
 
     1    § 5. The article heading of article 44-A of the  vehicle  and  traffic
     2  law,  as added by chapter 496 of the laws of 1990, is amended to read as
     3  follows:
     4                      AUTHORITY OF THE NASSAU AND SUFFOLK
     5                            COUNTY DISTRICT COURT
     6                     JUDICIAL HEARING [OFFICER] OFFICERS
 
     7    §  6.  The section heading, subdivision 1 and subdivision 4 of section
     8  1690 of the vehicle and traffic law, the section heading and subdivision

     9  4 as added by chapter 496 of the laws of 1990, subdivision 1 as  amended
    10  by  chapter 420 of the laws of 2001, and the opening paragraph of subdi-
    11  vision 1 as amended by section 20 of part G of chapter 58 of the laws of
    12  2012, are amended to read as follows:
    13    Authority of the Nassau county and Suffolk county district court judi-
    14  cial hearing [officer] officers.  1. Notwithstanding any other provision
    15  of law, where the trial of a traffic or parking infraction is authorized
    16  or required to be tried before  the  Nassau  county  district  court  or
    17  Suffolk  county  district court, and such traffic and parking infraction
    18  does not constitute a misdemeanor, felony, violation of subdivision  one
    19  of section eleven hundred ninety-two, subdivision five of section eleven

    20  hundred ninety-two, section three hundred ninety-seven-a, or subdivision
    21  (g)  of section eleven hundred eighty of this chapter, or a violation of
    22  paragraph (b) of subdivision four of section fourteen-f or clause (b) of
    23  subparagraph (iii) of paragraph c of  subdivision  two  of  section  one
    24  hundred  forty of the transportation law, or any offense that is part of
    25  the same criminal transaction, as that term is  defined  in  subdivision
    26  two  of section 40.10 of the criminal procedure law, as such a misdemea-
    27  nor, felony, violation of subdivision  one  of  section  eleven  hundred
    28  ninety-two,  subdivision  two  of  section  eleven  hundred  ninety-two,
    29  section three hundred ninety-seven-a or subdivision (g) of section elev-
    30  en hundred eighty of this chapter, or a violation of  paragraph  (b)  of
    31  subdivision  four  of  section  fourteen-f or clause (b) of subparagraph

    32  (iii) of paragraph d of subdivision two of section one hundred forty  of
    33  the  transportation law, the administrative judge of the county in which
    34  the trial court is located, may  assign  judicial  hearing  officers  to
    35  conduct  such  a  trial. Such judicial hearing officers shall be village
    36  court justices or retired judges either of which shall have at least two
    37  years of experience conducting trials of traffic and parking  violations
    38  cases  and  shall  be admitted to practice law in this state. Where such
    39  assignment is made, the judicial hearing  officer  shall  entertain  the
    40  case in the same manner as a court and shall:
    41    (a) determine all questions of law;
    42    (b) act as the exclusive trier of all issues of fact;
    43    (c) render a verdict;
    44    (d) impose sentence; or
    45    (e) dispose of the case in any manner provided by law.

    46    4.  Judicial  hearing  officers  are  prohibited from appearing in any
    47  capacity other than as a judicial hearing officer in  any  part  of  the
    48  Nassau county or Suffolk county district court on any matter relating to
    49  traffic  or parking violations and are further prohibited from appearing
    50  in any capacity other than as a judicial hearing officer  in  any  other
    51  court  or  administrative  tribunal on any matter relating to traffic or
    52  parking violations.
    53    § 7. Subdivision 5 of section 350.20 of the criminal procedure law, as
    54  added by chapter 496 of the laws of 1990, is amended to read as follows:
        A. 9539--D                          6
 
     1    5. Notwithstanding the provisions of subdivision one of this  section,
     2  for  all  proceedings  before  the  district  court of Nassau county the

     3  administrative judge of Nassau  county  may,  and  for  all  proceedings
     4  before the district court of Suffolk county, the administrative judge of
     5  Suffolk  county  may, without the consent of the parties, assign matters
     6  involving traffic and parking  infractions  except  those  described  in
     7  paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
     8  three  hundred  seventy-one  of  the general municipal law to a judicial
     9  hearing officer [for all proceedings before the district court of Nassau
    10  county] in accordance with the provisions  of  section  sixteen  hundred
    11  ninety of the vehicle and traffic law.
    12    §  8.  Subdivision 1 of section 225 of the vehicle and traffic law, as
    13  amended by chapter 173 of the laws  of  1990,  is  amended  to  read  as
    14  follows:

    15    1.  Notwithstanding  any inconsistent provision of law, all violations
    16  of this chapter or of a law, ordinance, order, rule or regulation relat-
    17  ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
    18  offenses,  which  occur within a city having a population of two hundred
    19  thousand or more in which administrative tribunals have heretofore  been
    20  established,  [or  within  that  portion  of  Suffolk county for which a
    21  district court has been established,] and which are classified as  traf-
    22  fic infractions, may be heard and determined pursuant to the regulations
    23  of  the commissioner as provided in this article. Whenever a crime and a
    24  traffic infraction arise out of the same transaction  or  occurrence,  a
    25  charge  alleging  both  offenses may be made returnable before the court
    26  having jurisdiction over the crime. Nothing  herein  provided  shall  be

    27  construed to prevent a court, having jurisdiction over a criminal charge
    28  relating  to  traffic  or a traffic infraction, from lawfully entering a
    29  judgment of conviction, whether or not based on a plea  of  guilty,  for
    30  any offense classified as a traffic infraction.
    31    §  9.  Subdivision  3  of  section  99-a  of the state finance law, as
    32  amended by chapter 465 of the laws  of  1998,  is  amended  to  read  as
    33  follows:
    34    3.  The  comptroller  is  hereby  authorized  to implement alternative
    35  procedures, including guidelines in conjunction therewith,  relating  to
    36  the remittance of fines, penalties, forfeitures and other moneys by town
    37  and village justice courts, and by the Nassau [county] and Suffolk coun-
    38  ties  traffic  and  parking violations [agency] agencies, to the justice

    39  court fund and for the distribution of such moneys by the justice  court
    40  fund.  Notwithstanding  any  law to the contrary, the alternative proce-
    41  dures utilized may include:
    42    a. electronic funds transfer;
    43    b. remittance of funds by the justice court to the chief fiscal office
    44  of the town or village, or, in the  case  of  the  Nassau  [county]  and
    45  Suffolk  counties  traffic  and parking violations [agency] agencies, to
    46  the county treasurer, for distribution in accordance  with  instructions
    47  by the comptroller; and/or
    48    c. monthly, rather than quarterly, distribution of funds.
    49    The comptroller may require such reporting and record keeping as he or
    50  she  deems  necessary  to  ensure  the  proper distribution of moneys in
    51  accordance with applicable laws. A justice court or the Nassau  [county]

    52  and  Suffolk  counties  traffic and parking violations [bureau] agencies
    53  may utilize these procedures only when permitted by the comptroller, and
    54  such permission, once given, may subsequently be withdrawn by the  comp-
    55  troller on due notice.
        A. 9539--D                          7
 
     1    §  10.  Subdivision 2 of section 99-l of the general municipal law, as
     2  added by chapter 261 of the laws of 1993, is amended to read as follows:
     3    2.  The  [county]  counties of Nassau and Suffolk shall be entitled to
     4  receive the amounts set forth in subdivision one of this section for the
     5  services of [the Nassau] their respective  county  traffic  and  parking
     6  violations agency.
     7    §  11. Notwithstanding any provision of law to the contrary no non-ju-

     8  dicial employee of the Suffolk county  district  court  shall  suffer  a
     9  diminution of salary, employment status or rights solely by operation of
    10  this act provided that nothing herein shall limit the legal authority of
    11  the  chief  administrator  of the courts to supervise the administration
    12  and operation of the unified court system.
    13    § 12. The administrative judge of Suffolk county  shall  issue  on  an
    14  annual  basis,  beginning  eighteen months following the creation of the
    15  Suffolk county traffic and parking violations agency pursuant to Suffolk
    16  county local law, a report detailing the progress, development and oper-
    17  ations of the traffic and parking violations agency. The report shall be
    18  provided to the governor, the temporary president  of  the  senate,  the
    19  speaker  of  the assembly, the Suffolk county executive, the legislature

    20  of the county of Suffolk, the presiding  judge  of  the  Suffolk  county
    21  district court and the Suffolk county district attorney.
    22    § 13. This act shall take effect April 1, 2013; provided, however, the
    23  amendments  to section 370-a, subdivisions 2, 3 and 4 of section 371 and
    24  section 374 of the general municipal law, the article heading of article
    25  44-A and the section heading and subdivisions 1 and 4 of section 1690 of
    26  the vehicle and traffic law and subdivision 5 of section 350.20  of  the
    27  criminal  procedure law, as made by sections two, three, four, five, six
    28  and seven of this act, respectively, shall take effect only in the event
    29  that the county of Suffolk shall have by local law established a traffic
    30  and parking violations agency; provided  that  the  legislature  of  the
    31  county  of Suffolk shall notify the legislative bill drafting commission

    32  upon the occurrence of the enactment of the legislation provided for  in
    33  sections two, three, four, five, six and seven of this act in order that
    34  the  commission  may maintain an accurate and timely effective data base
    35  of the official text of the laws of the state of New York in furtherance
    36  of effectuating the provisions of section 44 of the legislative law  and
    37  section  70-b  of  the  public officers law; provided, however, that the
    38  amendments to section 371 of the general municipal law made  by  section
    39  three  of  this  act shall not affect the expiration of such section and
    40  shall be deemed to expire therewith; and provided that the amendments to
    41  subdivision 2 of section 99-l of  the  general  municipal  law  made  by
    42  section ten of this act shall take effect on the same date as the rever-
    43  sion  of  subdivision  2 of section 99-l of the general municipal law as

    44  provided in section 6 of chapter 179 of the laws of 2000, as amended.