Amd §§401, 1809, 1809-e & 1690, Art 44-A Head, add §1111-f, V & T L; amd §87, Pub Off L; amd §§370, 370-a,
371, 374 & 99-l, Gen Muni L; amd §350.20, CP L; amd §99-a, St Fin L
 
Relates to establishing the adjudication process and owner liability for failure of an operator to comply with traffic-control indications and establishing a traffic and parking violations agency in the county of Westchester.
STATE OF NEW YORK
________________________________________________________________________
11243
IN ASSEMBLY
June 17, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
read once and referred to the Committee on Codes
AN ACT to amend the vehicle and traffic law, the public officers law,
the general municipal law and the state finance law, in relation to
establishing the adjudication process and owner liability for failure
of an operator to comply with traffic-control indications and estab-
lishing a traffic and parking violations agency in the county of West-
chester; and providing for the repeal of such provisions upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph a of subdivision 5-a of
2 section 401 of the vehicle and traffic law, as amended by section 8 of
3 chapter 222 of the laws of 2015, is amended to read as follows:
4 (i) If at the time of application for a registration or renewal there-
5 of there is a certification from a court, parking violations bureau,
6 traffic and parking violations agency or administrative tribunal of
7 appropriate jurisdiction that the registrant or his or her represen-
8 tative failed to appear on the return date or any subsequent adjourned
9 date or failed to comply with the rules and regulations of an adminis-
10 trative tribunal following entry of a final decision in response to a
11 total of three or more summonses or other process in the aggregate,
12 issued within an eighteen month period, charging either that: (i) such
13 motor vehicle was parked, stopped or standing, or that such motor vehi-
14 cle was operated for hire by the registrant or his or her agent without
15 being licensed as a motor vehicle for hire by the appropriate local
16 authority, in violation of any of the provisions of this chapter or of
17 any law, ordinance, rule or regulation made by a local authority; or
18 (ii) the registrant was liable in accordance with section eleven hundred
19 eleven-a, section eleven hundred eleven-b or section eleven hundred
20 eleven-d of this chapter for a violation of subdivision (d) of section
21 eleven hundred eleven of this chapter; or (iii) the registrant was
22 liable in accordance with section eleven hundred eleven-c of this chap-
23 ter for a violation of a bus lane restriction as defined in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16249-03-8
A. 11243 2
1 section[,]; or (iv) the registrant was liable in accordance with section
2 eleven hundred eighty-b of this chapter for a violation of subdivision
3 (c) or (d) of section eleven hundred eighty of this chapter[,]; or (v)
4 the registrant was liable in accordance with section eleven hundred
5 eighty-c of this chapter for a violation of subdivision (c) or (d) of
6 section eleven hundred eighty of this chapter; or (vi) the registrant
7 was liable in accordance with section eleven hundred eleven-e of this
8 chapter for a violation of subdivision (d) of section eleven hundred
9 eleven of this chapter; or (vii) the registrant was liable in accordance
10 with section eleven hundred eleven-f of this chapter for a violation of
11 subdivision (d) of section eleven hundred eleven of this chapter, the
12 commissioner or his or her agent shall deny the registration or renewal
13 application until the applicant provides proof from the court, traffic
14 and parking violations agency or administrative tribunal wherein the
15 charges are pending that an appearance or answer has been made or in the
16 case of an administrative tribunal that he or she has complied with the
17 rules and regulations of said tribunal following entry of a final deci-
18 sion. Where an application is denied pursuant to this section, the
19 commissioner may, in his or her discretion, deny a registration or
20 renewal application to any other person for the same vehicle and may
21 deny a registration or renewal application for any other motor vehicle
22 registered in the name of the applicant where the commissioner has
23 determined that such registrant's intent has been to evade the purposes
24 of this subdivision and where the commissioner has reasonable grounds to
25 believe that such registration or renewal will have the effect of
26 defeating the purposes of this subdivision. Such denial shall only
27 remain in effect as long as the summonses remain unanswered, or in the
28 case of an administrative tribunal, the registrant fails to comply with
29 the rules and regulations following entry of a final decision.
30 § 1-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
31 and traffic law, as amended by section 8-a of chapter 222 of the laws of
32 2015, is amended to read as follows:
33 a. If at the time of application for a registration or renewal thereof
34 there is a certification from a court or administrative tribunal of
35 appropriate jurisdiction that the registrant or his or her represen-
36 tative failed to appear on the return date or any subsequent adjourned
37 date or failed to comply with the rules and regulations of an adminis-
38 trative tribunal following entry of a final decision in response to a
39 total of three or more summonses or other process in the aggregate,
40 issued within an eighteen month period, charging either that: (i) such
41 motor vehicle was parked, stopped or standing, or that such motor vehi-
42 cle was operated for hire by the registrant or his or her agent without
43 being licensed as a motor vehicle for hire by the appropriate local
44 authority, in violation of any of the provisions of this chapter or of
45 any law, ordinance, rule or regulation made by a local authority; or
46 (ii) the registrant was liable in accordance with section eleven hundred
47 eleven-b of this chapter for a violation of subdivision (d) of section
48 eleven hundred eleven of this chapter; or (iii) the registrant was
49 liable in accordance with section eleven hundred eleven-c of this chap-
50 ter for a violation of a bus lane restriction as defined in such
51 section; or (iv) the registrant was liable in accordance with section
52 eleven hundred eleven-d of this chapter for a violation of subdivision
53 (d) of section eleven hundred eleven of this chapter or (v) the regis-
54 trant was liable in accordance with section eleven hundred eighty-b of
55 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
56 section eleven hundred eighty of this chapter; or (v) the registrant was
A. 11243 3
1 liable in accordance with section eleven hundred eighty-c of this chap-
2 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
3 eleven hundred eighty of this chapter; or (vi) the registrant was liable
4 in accordance with section eleven hundred eleven-e of this chapter for a
5 violation of subdivision (d) of section eleven hundred eleven of this
6 chapter; or (vii) the registrant was liable in accordance with section
7 eleven hundred eleven-f of this chapter for a violation of subdivision
8 (d) of section eleven hundred eleven of this chapter, the commissioner
9 or his or her agent shall deny the registration or renewal application
10 until the applicant provides proof from the court or administrative
11 tribunal wherein the charges are pending that an appearance or answer
12 has been made or in the case of an administrative tribunal that he or
13 she has complied with the rules and regulations of said tribunal follow-
14 ing entry of a final decision. Where an application is denied pursuant
15 to this section, the commissioner may, in his or her discretion, deny a
16 registration or renewal application to any other person for the same
17 vehicle and may deny a registration or renewal application for any other
18 motor vehicle registered in the name of the applicant where the commis-
19 sioner has determined that such registrant's intent has been to evade
20 the purposes of this subdivision and where the commissioner has reason-
21 able grounds to believe that such registration or renewal will have the
22 effect of defeating the purposes of this subdivision. Such denial shall
23 only remain in effect as long as the summonses remain unanswered, or in
24 the case of an administrative tribunal, the registrant fails to comply
25 with the rules and regulations following entry of a final decision.
26 § 1-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
27 and traffic law, as amended by section 8-b of chapter 222 of the laws of
28 2015, is amended to read as follows:
29 a. If at the time of application for a registration or renewal thereof
30 there is a certification from a court or administrative tribunal of
31 appropriate jurisdiction that the registrant or his or her represen-
32 tative failed to appear on the return date or any subsequent adjourned
33 date or failed to comply with the rules and regulations of an adminis-
34 trative tribunal following entry of a final decision in response to
35 three or more summonses or other process, issued within an eighteen
36 month period, charging that: (i) such motor vehicle was parked, stopped
37 or standing, or that such motor vehicle was operated for hire by the
38 registrant or his or her agent without being licensed as a motor vehicle
39 for hire by the appropriate local authority, in violation of any of the
40 provisions of this chapter or of any law, ordinance, rule or regulation
41 made by a local authority; or (ii) the registrant was liable in accord-
42 ance with section eleven hundred eleven-c of this chapter for a
43 violation of a bus lane restriction as defined in such section; or (iii)
44 the registrant was liable in accordance with section eleven hundred
45 eleven-d of this chapter for a violation of subdivision (d) of section
46 eleven hundred eleven of this chapter; or (iv) the registrant was liable
47 in accordance with section eleven hundred eighty-b of this chapter for a
48 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
49 hundred eighty of this chapter, or the registrant was liable in accord-
50 ance with section eleven hundred eighty-c of this chapter for a
51 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
52 hundred eighty of this chapter; or (v) the registrant was liable in
53 accordance with section eleven hundred eleven-e of this chapter for a
54 violation of subdivision (d) of section eleven hundred eleven of this
55 chapter; or (vi) the registrant was liable in accordance with section
56 eleven hundred eleven-f of this chapter for a violation of subdivision
A. 11243 4
1 (d) of section eleven hundred eleven of this chapter, the commissioner
2 or his or her agent shall deny the registration or renewal application
3 until the applicant provides proof from the court or administrative
4 tribunal wherein the charges are pending that an appearance or answer
5 has been made or in the case of an administrative tribunal that he or
6 she has complied with the rules and regulations of said tribunal follow-
7 ing entry of a final decision. Where an application is denied pursuant
8 to this section, the commissioner may, in his or her discretion, deny a
9 registration or renewal application to any other person for the same
10 vehicle and may deny a registration or renewal application for any other
11 motor vehicle registered in the name of the applicant where the commis-
12 sioner has determined that such registrant's intent has been to evade
13 the purposes of this subdivision and where the commissioner has reason-
14 able grounds to believe that such registration or renewal will have the
15 effect of defeating the purposes of this subdivision. Such denial shall
16 only remain in effect as long as the summonses remain unanswered, or in
17 the case of an administrative tribunal, the registrant fails to comply
18 with the rules and regulations following entry of a final decision.
19 § 1-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
20 and traffic law, as amended by section 8-c of chapter 222 of the laws of
21 2015, is amended to read as follows:
22 a. If at the time of application for a registration or renewal thereof
23 there is a certification from a court or administrative tribunal of
24 appropriate jurisdiction that the registrant or his or her represen-
25 tative failed to appear on the return date or any subsequent adjourned
26 date or failed to comply with the rules and regulations of an adminis-
27 trative tribunal following entry of a final decision in response to
28 three or more summonses or other process, issued within an eighteen
29 month period, charging that: (i) such motor vehicle was parked, stopped
30 or standing, or that such motor vehicle was operated for hire by the
31 registrant or his or her agent without being licensed as a motor vehicle
32 for hire by the appropriate local authority, in violation of any of the
33 provisions of this chapter or of any law, ordinance, rule or regulation
34 made by a local authority; or (ii) the registrant was liable in accord-
35 ance with section eleven hundred eleven-d of this chapter for a
36 violation of subdivision (d) of section eleven hundred eleven of this
37 chapter; or (iii) the registrant was liable in accordance with section
38 eleven hundred eighty-b of this chapter for violations of subdivision
39 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
40 ter, or the registrant was liable in accordance with section eleven
41 hundred eighty-c of this chapter for violations of subdivision (b), (c),
42 (d), (f) or (g) of section eleven hundred eighty of this chapter; or
43 (iv) the registrant was liable in accordance with section eleven hundred
44 eleven-e of this chapter for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter; or (v) the registrant was liable
46 in accordance with section eleven hundred eleven-f of this chapter for a
47 violation of subdivision (d) of section eleven hundred eleven of this
48 chapter, the commissioner or his or her agent shall deny the registra-
49 tion or renewal application until the applicant provides proof from the
50 court or administrative tribunal wherein the charges are pending that an
51 appearance or answer has been made or in the case of an administrative
52 tribunal that he has complied with the rules and regulations of said
53 tribunal following entry of a final decision. Where an application is
54 denied pursuant to this section, the commissioner may, in his or her
55 discretion, deny a registration or renewal application to any other
56 person for the same vehicle and may deny a registration or renewal
A. 11243 5
1 application for any other motor vehicle registered in the name of the
2 applicant where the commissioner has determined that such registrant's
3 intent has been to evade the purposes of this subdivision and where the
4 commissioner has reasonable grounds to believe that such registration or
5 renewal will have the effect of defeating the purposes of this subdivi-
6 sion. Such denial shall only remain in effect as long as the summonses
7 remain unanswered, or in the case of an administrative tribunal, the
8 registrant fails to comply with the rules and regulations following
9 entry of a final decision.
10 § 1-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
11 and traffic law, as amended by section 8-d of chapter 222 of the laws of
12 2015, is amended to read as follows:
13 a. If at the time of application for a registration or renewal thereof
14 there is a certification from a court or administrative tribunal of
15 appropriate jurisdiction that the registrant or his or her represen-
16 tative failed to appear on the return date or any subsequent adjourned
17 date or failed to comply with the rules and regulations of an adminis-
18 trative tribunal following entry of a final decision in response to
19 three or more summonses or other process, issued within an eighteen
20 month period, charging that such motor vehicle was parked, stopped or
21 standing, or that such motor vehicle was operated for hire by the regis-
22 trant or his agent without being licensed as a motor vehicle for hire by
23 the appropriate local authority, in violation of any of the provisions
24 of this chapter or of any law, ordinance, rule or regulation made by a
25 local authority, or the registrant was liable in accordance with section
26 eleven hundred eighty-c of this chapter for violations of subdivision
27 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
28 ter, or the registrant was liable in accordance with section eleven
29 hundred eleven-d of this chapter for a violation of subdivision (d) of
30 section eleven hundred eleven of this chapter, or the registrant was
31 liable in accordance with section eleven hundred eleven-e of this chap-
32 ter for a violation of subdivision (d) of section eleven hundred eleven
33 of this chapter, or the registrant was liable in accordance with section
34 eleven hundred eleven-f of this chapter for a violation of subdivision
35 (d) of section eleven hundred eleven of this chapter, the commissioner
36 or his or her agent shall deny the registration or renewal application
37 until the applicant provides proof from the court or administrative
38 tribunal wherein the charges are pending that an appearance or answer
39 has been made or in the case of an administrative tribunal that he or
40 she has complied with the rules and regulations of said tribunal follow-
41 ing entry of a final decision. Where an application is denied pursuant
42 to this section, the commissioner may, in his or her discretion, deny a
43 registration or renewal application to any other person for the same
44 vehicle and may deny a registration or renewal application for any other
45 motor vehicle registered in the name of the applicant where the commis-
46 sioner has determined that such registrant's intent has been to evade
47 the purposes of this subdivision and where the commissioner has reason-
48 able grounds to believe that such registration or renewal will have the
49 effect of defeating the purposes of this subdivision. Such denial shall
50 only remain in effect as long as the summonses remain unanswered, or in
51 the case of an administrative tribunal, the registrant fails to comply
52 with the rules and regulations following entry of a final decision.
53 § 1-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
54 and traffic law, as amended by section 8-e of chapter 222 of the laws of
55 2015, is amended to read as follows:
A. 11243 6
1 a. If at the time of application for a registration or renewal thereof
2 there is a certification from a court or administrative tribunal of
3 appropriate jurisdiction that the registrant or his or her represen-
4 tative failed to appear on the return date or any subsequent adjourned
5 date or failed to comply with the rules and regulations of an adminis-
6 trative tribunal following entry of a final decision in response to
7 three or more summonses or other process, issued within an eighteen
8 month period, charging that such motor vehicle was parked, stopped or
9 standing, or that such motor vehicle was operated for hire by the regis-
10 trant or his or her agent without being licensed as a motor vehicle for
11 hire by the appropriate local authority, in violation of any of the
12 provisions of this chapter or of any law, ordinance, rule or regulation
13 made by a local authority, or the registrant was liable in accordance
14 with section eleven hundred eleven-d of this chapter for a violation of
15 subdivision (d) of section eleven hundred eleven of this chapter, or the
16 registrant was liable in accordance with section eleven hundred eleven-e
17 of this chapter for a violation of subdivision (d) of section eleven
18 hundred eleven of this chapter, or the registrant was liable in accord-
19 ance with section eleven hundred eleven-f of this chapter for a
20 violation of subdivision (d) of section eleven hundred eleven of this
21 chapter, the commissioner or his or her agent shall deny the registra-
22 tion or renewal application until the applicant provides proof from the
23 court or administrative tribunal wherein the charges are pending that an
24 appearance or answer has been made or in the case of an administrative
25 tribunal that he has complied with the rules and regulations of said
26 tribunal following entry of a final decision. Where an application is
27 denied pursuant to this section, the commissioner may, in his or her
28 discretion, deny a registration or renewal application to any other
29 person for the same vehicle and may deny a registration or renewal
30 application for any other motor vehicle registered in the name of the
31 applicant where the commissioner has determined that such registrant's
32 intent has been to evade the purposes of this subdivision and where the
33 commissioner has reasonable grounds to believe that such registration or
34 renewal will have the effect of defeating the purposes of this subdivi-
35 sion. Such denial shall only remain in effect as long as the summonses
36 remain unanswered, or in the case of an administrative tribunal, the
37 registrant fails to comply with the rules and regulations following
38 entry of a final decision.
39 § 1-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
40 and traffic law, as amended by section 8-f of chapter 222 of the laws of
41 2015, is amended to read as follows:
42 a. If at the time of application for a registration or renewal thereof
43 there is a certification from a court or administrative tribunal of
44 appropriate jurisdiction that the registrant or his or her represen-
45 tative failed to appear on the return date or any subsequent adjourned
46 date or failed to comply with the rules and regulations of an adminis-
47 trative tribunal following entry of a final decision in response to
48 three or more summonses or other process, issued within an eighteen
49 month period, charging that such motor vehicle was parked, stopped or
50 standing, or that such motor vehicle was operated for hire by the regis-
51 trant or his or her agent without being licensed as a motor vehicle for
52 hire by the appropriate local authority, in violation of any of the
53 provisions of this chapter or of any law, ordinance, rule or regulation
54 made by a local authority, or the registrant was liable in accordance
55 with section eleven hundred eleven-e of this chapter for a violation of
56 subdivision (d) of section eleven hundred eleven of this chapter, or the
A. 11243 7
1 registrant was liable in accordance with section eleven hundred eleven-f
2 of this chapter for a violation of subdivision (d) of section eleven
3 hundred eleven of this chapter, the commissioner or his or her agent
4 shall deny the registration or renewal application until the applicant
5 provides proof from the court or administrative tribunal wherein the
6 charges are pending that an appearance or answer has been made or in the
7 case of an administrative tribunal that he has complied with the rules
8 and regulations of said tribunal following entry of a final decision.
9 Where an application is denied pursuant to this section, the commission-
10 er may, in his or her discretion, deny a registration or renewal appli-
11 cation to any other person for the same vehicle and may deny a registra-
12 tion or renewal application for any other motor vehicle registered in
13 the name of the applicant where the commissioner has determined that
14 such registrant's intent has been to evade the purposes of this subdivi-
15 sion and where the commissioner has reasonable grounds to believe that
16 such registration or renewal will have the effect of defeating the
17 purposes of this subdivision. Such denial shall only remain in effect as
18 long as the summonses remain unanswered, or in the case of an adminis-
19 trative tribunal, the registrant fails to comply with the rules and
20 regulations following entry of a final decision.
21 § 1-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
22 and traffic law, as separately amended by chapters 339 and 592 of the
23 laws of 1987, is amended to read as follows:
24 a. If at the time of application for a registration or renewal thereof
25 there is a certification from a court or administrative tribunal of
26 appropriate jurisdiction that the registrant or his representative
27 failed to appear on the return date or any subsequent adjourned date or
28 failed to comply with the rules and regulations of an administrative
29 tribunal following entry of a final decision in response to three or
30 more summonses or other process, issued within an eighteen month period,
31 charging that such motor vehicle was parked, stopped or standing, or
32 that such motor vehicle was operated for hire by the registrant or his
33 agent without being licensed as a motor vehicle for hire by the appro-
34 priate local authority, in violation of any of the provisions of this
35 chapter or of any law, ordinance, rule or regulation made by a local
36 authority, or the registrant was liable in accordance with section elev-
37 en hundred eleven-f of this chapter for a violation of subdivision (d)
38 of section eleven hundred eleven of this chapter, the commissioner or
39 his agent shall deny the registration or renewal application until the
40 applicant provides proof from the court or administrative tribunal wher-
41 ein the charges are pending that an appearance or answer has been made
42 or in the case of an administrative tribunal that he has complied with
43 the rules and regulations of said tribunal following entry of a final
44 decision. Where an application is denied pursuant to this section, the
45 commissioner may, in his discretion, deny a registration or renewal
46 application to any other person for the same vehicle and may deny a
47 registration or renewal application for any other motor vehicle regis-
48 tered in the name of the applicant where the commissioner has determined
49 that such registrant's intent has been to evade the purposes of this
50 subdivision and where the commissioner has reasonable grounds to believe
51 that such registration or renewal will have the effect of defeating the
52 purposes of this subdivision. Such denial shall only remain in effect as
53 long as the summonses remain unanswered, or in the case of an adminis-
54 trative tribunal, the registrant fails to comply with the rules and
55 regulations following entry of a final decision.
A. 11243 8
1 § 2. The vehicle and traffic law is amended by adding a new section
2 1111-f to read as follows:
3 § 1111-f. Owner liability for failure of operator to comply with
4 traffic-control indications. (a) 1. Notwithstanding any other provision
5 of law, the county of Westchester 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 county in accordance with the provisions of this section. Such
10 demonstration program shall empower such county to install and operate
11 traffic-control signal photo violation-monitoring devices at no more
12 than one hundred intersections within and under the jurisdiction of such
13 county at any one time.
14 2. Such demonstration program shall utilize necessary technologies to
15 ensure, to the extent practicable, that photographs produced by such
16 traffic-control signal photo violation-monitoring systems shall not
17 include images that identify the driver, the passengers, or the contents
18 of the vehicle. Provided, however, that no notice of liability issued
19 pursuant to this section shall be dismissed solely because a photograph
20 or photographs allow for the identification of the contents of a vehi-
21 cle, provided that such county has made a reasonable effort to comply
22 with the provisions of this paragraph.
23 (b) In any such county which has adopted a local law or ordinance
24 pursuant to subdivision (a) of this section, the owner of a vehicle
25 shall be liable for a penalty imposed pursuant to this section if such
26 vehicle was used or operated with the permission of the owner, express
27 or implied, in violation of subdivision (d) of section eleven hundred
28 eleven of this article, and such violation is evidenced by information
29 obtained from a traffic-control signal photo violation-monitoring
30 system; provided however that no owner of a vehicle shall be liable for
31 a penalty imposed pursuant to this section where the operator of such
32 vehicle has been convicted of the underlying violation of subdivision
33 (d) of section eleven hundred eleven of this article.
34 (c) For purposes of this section, "owner" shall have the meaning
35 provided in article two-B of this chapter. For purposes of this section,
36 "traffic-control signal photo violation-monitoring system" shall mean a
37 vehicle sensor installed to work in conjunction with a traffic-control
38 signal which automatically produces two or more photographs, two or more
39 microphotographs, a videotape or other recorded images of each vehicle
40 at the time it is used or operated in violation of subdivision (d) of
41 section eleven hundred eleven of this article.
42 (d) A certificate, sworn to or affirmed by a technician employed by
43 Westchester county in which the charged violation occurred, or a facsim-
44 ile thereof, based upon inspection of photographs, microphotographs,
45 videotape or other recorded images produced by a traffic-control signal
46 photo violation-monitoring system, shall be prima facie evidence of the
47 facts contained therein. Any photographs, microphotographs, videotape or
48 other recorded images evidencing such a violation shall be available for
49 inspection in any proceeding to adjudicate the liability for such
50 violation pursuant to a local law or ordinance adopted pursuant to this
51 section.
52 (e) An owner liable for a violation of subdivision (d) of section
53 eleven hundred eleven of this article pursuant to a local law or ordi-
54 nance adopted pursuant to this section shall be liable for monetary
55 penalties in accordance with a schedule of fines and penalties to be set
56 forth in such local law or ordinance. The liability of the owner pursu-
A. 11243 9
1 ant to this section shall not exceed fifty dollars for each violation;
2 provided, however, that such local law or ordinance may provide for an
3 additional penalty not in excess of twenty-five dollars for each
4 violation for the failure to respond to a notice of liability within the
5 prescribed time period.
6 (f) An imposition of liability under a local law or ordinance adopted
7 pursuant to this section shall not be deemed a conviction as an operator
8 and shall not be made part of the operating record of the person upon
9 whom such liability is imposed nor shall it be used for insurance
10 purposes in the provision of motor vehicle insurance coverage.
11 (g) 1. A notice of liability shall be sent by first class mail to each
12 person alleged to be liable as an owner for a violation of subdivision
13 (d) of section eleven hundred eleven of this article pursuant to this
14 section. Personal delivery on the owner shall not be required. A manual
15 or automatic record of mailing prepared in the ordinary course of busi-
16 ness shall be prima facie evidence of the facts contained therein.
17 2. A notice of liability shall contain the name and address of the
18 person alleged to be liable as an owner for a violation of subdivision
19 (d) of section eleven hundred eleven of this article pursuant to this
20 section, the registration number of the vehicle involved in such
21 violation, the location where such violation took place, the date and
22 time of such violation and the identification number of the camera which
23 recorded the violation or other document locator number.
24 3. The notice of liability shall contain information advising the
25 person charged of the manner and the time in which he or she may contest
26 the liability alleged in the notice. Such notice of liability shall also
27 contain a warning to advise the persons charged that failure to contest
28 in the manner and time provided shall be deemed an admission of liabil-
29 ity and that a default judgment may be entered thereon.
30 4. The notice of liability shall be prepared and mailed by Westchester
31 county or by any other entity authorized by such county to prepare and
32 mail such notification of violation.
33 (h) Adjudication of the liability imposed upon owners by this section
34 shall be by the court having jurisdiction over traffic infractions.
35 (i) If an owner receives a notice of liability pursuant to this
36 section for any time period during which the vehicle was reported to the
37 police department as having been stolen, it shall be a valid defense to
38 an allegation of liability for a violation of subdivision (d) of section
39 eleven hundred eleven of this article pursuant to this section that the
40 vehicle had been reported to the police as stolen prior to the time the
41 violation occurred and had not been recovered by such time. For
42 purposes of asserting the defense provided by this subdivision it shall
43 be sufficient that a certified copy of the police report on the stolen
44 vehicle be sent by first class mail to the court having jurisdiction.
45 (j) An owner who is a lessor of a vehicle to which a notice of liabil-
46 ity was issued pursuant to subdivision (g) of this section shall not be
47 liable for the violation of subdivision (d) of section eleven hundred
48 eleven of this article, provided that he or she sends to the court
49 having jurisdiction a copy of the rental, lease or other such contract
50 document covering such vehicle on the date of the violation, with the
51 name and address of the lessee clearly legible, within thirty-seven days
52 after receiving notice from the court of the date and time of such
53 violation, together with the other information contained in the original
54 notice of liability. Failure to send such information within such thir-
55 ty-seven day time period shall render the owner liable for the penalty
56 prescribed by this section. Where the lessor complies with the
A. 11243 10
1 provisions of this paragraph, the lessee of such vehicle on the date of
2 such violation shall be deemed to be the owner of such vehicle for
3 purposes of this section, shall be subject to liability for the
4 violation of subdivision (d) of section eleven hundred eleven of this
5 article pursuant to this section and shall be sent a notice of liability
6 pursuant to subdivision (g) of this section.
7 (k) 1. If the owner liable for a violation of subdivision (d) of
8 section eleven hundred eleven of this article pursuant to this section
9 was not the operator of the vehicle at the time of the violation, the
10 owner may maintain an action for indemnification against the operator.
11 2. Notwithstanding any other provision of this section, no owner of a
12 vehicle shall be subject to a monetary fine imposed pursuant to this
13 section if the operator of such vehicle was operating such vehicle with-
14 out the consent of the owner at the time such operator failed to obey a
15 traffic-control indication. For purposes of this subdivision there shall
16 be a presumption that the operator of such vehicle was operating such
17 vehicle with the consent of the owner at the time such operator failed
18 to obey a traffic-control indication.
19 (l) Nothing in this section shall be construed to limit the liability
20 of an operator of a vehicle for any violation of subdivision (d) of
21 section eleven hundred eleven of this article.
22 (m) When a county has established a demonstration program pursuant to
23 this section, all fines and penalties collected under such program shall
24 be made to the county commissioner of finance within the first ten days
25 of the month following collection.
26 (n) In any such county which adopts a demonstration program pursuant
27 to subdivision (a) of this section, such county shall submit an annual
28 report on the results of the use of a traffic-control signal photo
29 violation-monitoring system to the governor, the temporary president of
30 the senate and the speaker of the assembly on or before June first, two
31 thousand nineteen and on the same date in each succeeding year in which
32 the demonstration program is operable. Such report shall include, but
33 not be limited to:
34 1. a description of the locations where traffic-control signal photo
35 violation-monitoring systems were used;
36 2. the aggregate number, type and severity of accidents reported at
37 intersections where a traffic-control signal photo violation-monitoring
38 system is used for the year preceding the installation of such system,
39 to the extent the information is maintained by the department of motor
40 vehicles of this state;
41 3. the aggregate number, type and severity of accidents reported at
42 intersections where a traffic-control signal photo violation-monitoring
43 system is used, to the extent the information is maintained by the
44 department of motor vehicles of this state;
45 4. the number of violations recorded at each intersection where a
46 traffic-control signal photo violation-monitoring system is used and in
47 the aggregate on a daily, weekly and monthly basis;
48 5. the total number of notices of liability issued for violations
49 recorded by such systems;
50 6. the number of fines and total amount of fines paid after first
51 notice of liability;
52 7. the number of violations adjudicated and results of such adjudi-
53 cations including breakdowns of disposition made for violations recorded
54 by such systems;
55 8. the total amount of revenue realized by such county from such adju-
56 dications;
A. 11243 11
1 9. expenses incurred by such county in connection with the program;
2 and
3 10. quality of the adjudication process and its results.
4 (o) It shall be a defense to any prosecution for a violation of subdi-
5 vision (d) of section eleven hundred eleven of this article pursuant to
6 a local law or ordinance adopted pursuant to this section that such
7 traffic-control indications were malfunctioning at the time of the
8 alleged violation.
9 § 3. The opening paragraph and paragraph (c) of subdivision 1 of
10 section 1809 of the vehicle and traffic law, as amended by section 10 of
11 chapter 222 of the laws of 2015, are amended to read as follows:
12 Whenever proceedings in an administrative tribunal or a court of this
13 state result in a conviction for an offense under this chapter or a
14 traffic infraction under this chapter, or a local law, ordinance, rule
15 or regulation adopted pursuant to this chapter, other than a traffic
16 infraction involving standing, stopping, or parking or violations by
17 pedestrians or bicyclists, or other than an adjudication of liability of
18 an owner for a violation of subdivision (d) of section eleven hundred
19 eleven of this chapter in accordance with section eleven hundred
20 eleven-a of this chapter, or other than an adjudication of liability of
21 an owner for a violation of subdivision (d) of section eleven hundred
22 eleven of this chapter in accordance with section eleven hundred
23 eleven-b of this chapter, or other than an adjudication in accordance
24 with section eleven hundred eleven-c of this chapter for a violation of
25 a bus lane restriction as defined in such section, or other than an
26 adjudication of liability of an owner for a violation of subdivision (d)
27 of section eleven hundred eleven of this chapter in accordance with
28 section eleven hundred eleven-d of this chapter, or other than an adju-
29 dication of liability of an owner for a violation of subdivision (b),
30 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
31 accordance with section eleven hundred eighty-b of this chapter, or
32 other than an adjudication of liability of an owner for a violation of
33 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
34 of this chapter in accordance with section eleven hundred eighty-c of
35 this chapter, or other than an adjudication of liability of an owner for
36 a violation of subdivision (d) of section eleven hundred eleven of this
37 chapter in accordance with section eleven hundred eleven-e of this chap-
38 ter, or other than an adjudication of liability of an owner for a
39 violation of subdivision (d) of section eleven hundred eleven of this
40 chapter in accordance with section eleven hundred eleven-f of this chap-
41 ter, there shall be levied a crime victim assistance fee and a mandatory
42 surcharge, in addition to any sentence required or permitted by law, in
43 accordance with the following schedule:
44 (c) Whenever proceedings in an administrative tribunal or a court of
45 this state result in a conviction for an offense under this chapter
46 other than a crime pursuant to section eleven hundred ninety-two of this
47 chapter, or a traffic infraction under this chapter, or a local law,
48 ordinance, rule or regulation adopted pursuant to this chapter, other
49 than a traffic infraction involving standing, stopping, or parking or
50 violations by pedestrians or bicyclists, or other than an adjudication
51 of liability of an owner for a violation of subdivision (d) of section
52 eleven hundred eleven of this chapter in accordance with section eleven
53 hundred eleven-a of this chapter, or other than an adjudication of
54 liability of an owner for a violation of subdivision (d) of section
55 eleven hundred eleven of this chapter in accordance with section eleven
56 hundred eleven-b of this chapter, or other than an adjudication of
A. 11243 12
1 liability of an owner for a violation of subdivision (d) of section
2 eleven hundred eleven of this chapter in accordance with section eleven
3 hundred eleven-d of this chapter, or other than an infraction pursuant
4 to article nine of this chapter or other than an adjudication of liabil-
5 ity of an owner for a violation of toll collection regulations pursuant
6 to section two thousand nine hundred eighty-five of the public authori-
7 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
8 hundred seventy-four of the laws of nineteen hundred fifty or other than
9 an adjudication in accordance with section eleven hundred eleven-c of
10 this chapter for a violation of a bus lane restriction as defined in
11 such section, or other than an adjudication of liability of an owner for
12 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
13 hundred eighty of this chapter in accordance with section eleven hundred
14 eighty-b of this chapter, or other than an adjudication of liability of
15 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
16 section eleven hundred eighty of this chapter in accordance with section
17 eleven hundred eighty-c of this chapter, or other than an adjudication
18 of liability of an owner for a violation of subdivision (d) of section
19 eleven hundred eleven of this chapter in accordance with section eleven
20 hundred eleven-e of this chapter, or other than an adjudication of
21 liability of an owner for a violation of subdivision (d) of section
22 eleven hundred eleven of this chapter in accordance with section eleven
23 hundred eleven-f of this chapter, there shall be levied a crime victim
24 assistance fee in the amount of five dollars and a mandatory surcharge,
25 in addition to any sentence required or permitted by law, in the amount
26 of fifty-five dollars.
27 § 3-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
28 as amended by section 10-a of chapter 222 of the laws of 2015, is
29 amended to read as follows:
30 1. Whenever proceedings in an administrative tribunal or a court of
31 this state result in a conviction for a crime under this chapter or a
32 traffic infraction under this chapter, or a local law, ordinance, rule
33 or regulation adopted pursuant to this chapter, other than a traffic
34 infraction involving standing, stopping, parking or motor vehicle equip-
35 ment or violations by pedestrians or bicyclists, or other than an adju-
36 dication of liability of an owner for a violation of subdivision (d) of
37 section eleven hundred eleven of this chapter in accordance with section
38 eleven hundred eleven-a of this chapter, or other than an adjudication
39 of liability of an owner for a violation of subdivision (d) of section
40 eleven hundred eleven of this chapter in accordance with section eleven
41 hundred eleven-b of this chapter, or other than an adjudication in
42 accordance with section eleven hundred eleven-c of this chapter for a
43 violation of a bus lane restriction as defined in such section, or other
44 than an adjudication of liability of an owner for a violation of subdi-
45 vision (d) of section eleven hundred eleven of this chapter in accord-
46 ance with section eleven hundred eleven-d of this chapter, or other than
47 an adjudication of liability of an owner for a violation of subdivision
48 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
49 ter in accordance with section eleven hundred eighty-b of this chapter,
50 or other than an adjudication of liability of an owner for a violation
51 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
52 eighty of this chapter in accordance with section eleven hundred eight-
53 y-c of this chapter, or other than an adjudication of liability of an
54 owner for a violation of subdivision (d) of section eleven hundred elev-
55 en of this chapter in accordance with section eleven hundred eleven-e of
56 this chapter, or other than an adjudication of liability of an owner for
A. 11243 13
1 a violation of subdivision (d) of section eleven hundred eleven of this
2 chapter in accordance with section eleven hundred eleven-f of this chap-
3 ter, there shall be levied a mandatory surcharge, in addition to any
4 sentence required or permitted by law, in the amount of twenty-five
5 dollars.
6 § 3-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
7 as amended by section 10-b of chapter 222 of the laws of 2015, is
8 amended to read as follows:
9 1. Whenever proceedings in an administrative tribunal or a court of
10 this state result in a conviction for a crime under this chapter or a
11 traffic infraction under this chapter other than a traffic infraction
12 involving standing, stopping, parking or motor vehicle equipment or
13 violations by pedestrians or bicyclists, or other than an adjudication
14 in accordance with section eleven hundred eleven-c of this chapter for a
15 violation of a bus lane restriction as defined in such section, or other
16 than an adjudication of liability of an owner for a violation of subdi-
17 vision (d) of section eleven hundred eleven of this chapter in accord-
18 ance with section eleven hundred eleven-d of this chapter, or other than
19 an adjudication of liability of an owner for a violation of subdivision
20 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
21 ter in accordance with section eleven hundred eighty-b of this chapter,
22 or other than an adjudication of liability of an owner for a violation
23 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
24 eighty of this chapter in accordance with section eleven hundred eight-
25 y-c of this chapter, or other than an adjudication of liability of an
26 owner for a violation of subdivision (d) of section eleven hundred elev-
27 en of this chapter in accordance with section eleven hundred eleven-e of
28 this chapter, or other than an adjudication of liability of an owner for
29 a violation of subdivision (d) of section eleven hundred eleven of this
30 chapter in accordance with section eleven hundred eleven-f of this chap-
31 ter, there shall be levied a mandatory surcharge, in addition to any
32 sentence required or permitted by law, in the amount of seventeen
33 dollars.
34 § 3-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
35 as amended by section 10-c of chapter 222 of the laws of 2015, is
36 amended to read as follows:
37 1. Whenever proceedings in an administrative tribunal or a court of
38 this state result in a conviction for a crime under this chapter or a
39 traffic infraction under this chapter other than a traffic infraction
40 involving standing, stopping, parking or motor vehicle equipment or
41 violations by pedestrians or bicyclists, or other than an adjudication
42 of liability of an owner for a violation of subdivision (b), (c), (d),
43 (f) or (g) of section eleven hundred eighty of this chapter in accord-
44 ance with section eleven hundred eighty-b of this chapter, or other than
45 an adjudication of liability of an owner for a violation of subdivision
46 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
47 ter in accordance with section eleven hundred eighty-c of this chapter,
48 or other than an adjudication of liability of an owner for a violation
49 of subdivision (d) of section eleven hundred eleven of this chapter in
50 accordance with section eleven hundred eleven-d of this chapter, or
51 other than an adjudication of liability of an owner for a violation of
52 subdivision (d) of section eleven hundred eleven of this chapter in
53 accordance with section eleven hundred eleven-e of this chapter, or
54 other than an adjudication of liability of an owner for a violation of
55 subdivision (d) of section eleven hundred eleven of this chapter in
56 accordance with section eleven hundred eleven-f of this chapter, there
A. 11243 14
1 shall be levied a mandatory surcharge, in addition to any sentence
2 required or permitted by law, in the amount of seventeen dollars.
3 § 3-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
4 as amended by section 10-d of chapter 222 of the laws of 2015, is
5 amended to read as follows:
6 1. Whenever proceedings in an administrative tribunal or a court of
7 this state result in a conviction for a crime under this chapter or a
8 traffic infraction under this chapter other than a traffic infraction
9 involving standing, stopping, parking or motor vehicle equipment or
10 violations by pedestrians or bicyclists, or other than an adjudication
11 of liability of an owner for a violation of subdivision (b), (c), (d),
12 (f) or (g) of section eleven hundred eighty of this chapter in accord-
13 ance with section eleven hundred eighty-c of this chapter, or other than
14 an adjudication of liability of an owner for a violation of subdivision
15 (d) of section eleven hundred eleven of this chapter in accordance with
16 section eleven hundred eleven-d of this chapter, or other than an adju-
17 dication of liability of an owner for a violation of subdivision (d) of
18 section eleven hundred eleven of this chapter in accordance with section
19 eleven hundred eleven-e of this chapter, or other than an adjudication
20 of liability of an owner for a violation of subdivision (d) of section
21 eleven hundred eleven of this chapter in accordance with section eleven
22 hundred eleven-f of this chapter, there shall be levied a mandatory
23 surcharge, in addition to any sentence required or permitted by law, in
24 the amount of seventeen dollars.
25 § 3-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
26 as amended by section 10-e of chapter 222 of the laws of 2015, is
27 amended to read as follows:
28 1. Whenever proceedings in an administrative tribunal or a court of
29 this state result in a conviction for a crime under this chapter or a
30 traffic infraction under this chapter other than a traffic infraction
31 involving standing, stopping, parking or motor vehicle equipment or
32 violations by pedestrians or bicyclists, or other than an adjudication
33 of liability of an owner for a violation of subdivision (d) of section
34 eleven hundred eleven of this chapter in accordance with section eleven
35 hundred eleven-d of this chapter, or other than an adjudication of
36 liability of an owner for a violation of subdivision (d) of section
37 eleven hundred eleven of this chapter in accordance with section eleven
38 hundred eleven-e of this chapter, or other than an adjudication of
39 liability of an owner for a violation of subdivision (d) of section
40 eleven hundred eleven of this chapter in accordance with section eleven
41 hundred eleven-f of this chapter, there shall be levied a mandatory
42 surcharge, in addition to any sentence required or permitted by law, in
43 the amount of seventeen dollars.
44 § 3-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
45 as amended by section 10-f of chapter 222 of the laws of 2015, is
46 amended to read as follows:
47 1. Whenever proceedings in an administrative tribunal or a court of
48 this state result in a conviction for a crime under this chapter or a
49 traffic infraction under this chapter other than a traffic infraction
50 involving standing, stopping, parking or motor vehicle equipment or
51 violations by pedestrians or bicyclists, or other than an adjudication
52 of liability of an owner for a violation of subdivision (d) of section
53 eleven hundred eleven of this chapter in accordance with section eleven
54 hundred eleven-e of this chapter, or other than an adjudication of
55 liability of an owner for a violation of subdivision (d) of section
56 eleven hundred eleven of this chapter in accordance with section eleven
A. 11243 15
1 hundred eleven-f of this chapter, there shall be levied a mandatory
2 surcharge, in addition to any sentence required or permitted by law, in
3 the amount of seventeen dollars.
4 § 3-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
5 as separately amended by chapter 16 of the laws of 1983 and chapter 62
6 of the laws of 1989, is amended to read as follows:
7 1. Whenever proceedings in an administrative tribunal or a court of
8 this state result in a conviction for a crime under this chapter or a
9 traffic infraction under this chapter other than a traffic infraction
10 involving standing, stopping, parking or motor vehicle equipment or
11 violations by pedestrians or bicyclists, or other than an adjudication
12 of liability of an owner for a violation of subdivision (d) of section
13 eleven hundred eleven of this chapter in accordance with section eleven
14 hundred eleven-f of this chapter, there shall be levied a mandatory
15 surcharge, in addition to any sentence required or permitted by law, in
16 the amount of seventeen dollars.
17 § 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
18 traffic law, as amended by section 11 of chapter 222 of the laws of
19 2015, is amended to read as follows:
20 a. Notwithstanding any other provision of law, whenever proceedings in
21 a court or an administrative tribunal of this state result in a
22 conviction for an offense under this chapter, except a conviction pursu-
23 ant to section eleven hundred ninety-two of this chapter, or for a traf-
24 fic infraction under this chapter, or a local law, ordinance, rule or
25 regulation adopted pursuant to this chapter, except a traffic infraction
26 involving standing, stopping, or parking or violations by pedestrians or
27 bicyclists, and except an adjudication of liability of an owner for a
28 violation of subdivision (d) of section eleven hundred eleven of this
29 chapter in accordance with section eleven hundred eleven-a of this chap-
30 ter or in accordance with section eleven hundred eleven-d of this chap-
31 ter, or in accordance with section eleven hundred eleven-e of this chap-
32 ter, or in accordance with section eleven hundred eleven-f of this
33 chapter, and except an adjudication of liability of an owner for a
34 violation of subdivision (d) of section eleven hundred eleven of this
35 chapter in accordance with section eleven hundred eleven-b of this chap-
36 ter, and except an adjudication in accordance with section eleven
37 hundred eleven-c of this chapter of a violation of a bus lane
38 restriction as defined in such section, and except an adjudication of
39 liability of an owner for a violation of subdivision (b), (c), (d), (f)
40 or (g) of section eleven hundred eighty of this chapter in accordance
41 with section eleven hundred eighty-b of this chapter, and except an
42 adjudication of liability of an owner for a violation of subdivision
43 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
44 ter in accordance with section eleven hundred eighty-c of this chapter,
45 and except an adjudication of liability of an owner for a violation of
46 toll collection regulations pursuant to section two thousand nine
47 hundred eighty-five of the public authorities law or sections sixteen-a,
48 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
49 laws of nineteen hundred fifty, there shall be levied in addition to any
50 sentence, penalty or other surcharge required or permitted by law, an
51 additional surcharge of twenty-eight dollars.
52 § 4-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
53 and traffic law, as amended by section 11-a of chapter 222 of the laws
54 of 2015, is amended to read as follows:
55 a. Notwithstanding any other provision of law, whenever proceedings in
56 a court or an administrative tribunal of this state result in a
A. 11243 16
1 conviction for an offense under this chapter, except a conviction pursu-
2 ant to section eleven hundred ninety-two of this chapter, or for a traf-
3 fic infraction under this chapter, or a local law, ordinance, rule or
4 regulation adopted pursuant to this chapter, except a traffic infraction
5 involving standing, stopping, or parking or violations by pedestrians or
6 bicyclists, and except an adjudication of liability of an owner for a
7 violation of subdivision (d) of section eleven hundred eleven of this
8 chapter in accordance with section eleven hundred eleven-a of this chap-
9 ter or in accordance with section eleven hundred eleven-d of this chap-
10 ter or in accordance with section eleven hundred eleven-e of this chap-
11 ter or in accordance with section eleven hundred eleven-f of this
12 chapter, and except an adjudication in accordance with section eleven
13 hundred eleven-c of this chapter of a violation of a bus lane
14 restriction as defined in such section, and except an adjudication of
15 liability of an owner for a violation of subdivision (b), (c), (d), (f)
16 or (g) of section eleven hundred eighty of this chapter in accordance
17 with section eleven hundred eighty-b of this chapter, and except an
18 adjudication of liability of an owner for a violation of subdivision
19 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
20 ter in accordance with section eleven hundred eighty-c of this chapter,
21 and except an adjudication of liability of an owner for a violation of
22 toll collection regulations pursuant to section two thousand nine
23 hundred eighty-five of the public authorities law or sections sixteen-a,
24 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
25 laws of nineteen hundred fifty, there shall be levied in addition to any
26 sentence, penalty or other surcharge required or permitted by law, an
27 additional surcharge of twenty-eight dollars.
28 § 4-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
29 and traffic law, as amended by section 11-b of chapter 222 of the laws
30 of 2015, is amended to read as follows:
31 a. Notwithstanding any other provision of law, whenever proceedings in
32 a court or an administrative tribunal of this state result in a
33 conviction for an offense under this chapter, except a conviction pursu-
34 ant to section eleven hundred ninety-two of this chapter, or for a traf-
35 fic infraction under this chapter, or a local law, ordinance, rule or
36 regulation adopted pursuant to this chapter, except a traffic infraction
37 involving standing, stopping, or parking or violations by pedestrians or
38 bicyclists, and except an adjudication of liability of an owner for a
39 violation of subdivision (d) of section eleven hundred eleven of this
40 chapter in accordance with section eleven hundred eleven-a of this chap-
41 ter or in accordance with section eleven hundred eleven-d of this chap-
42 ter or in accordance with section eleven hundred eleven-e of this chap-
43 ter or in accordance with section eleven hundred eleven-f of this
44 chapter, and except an adjudication of liability of an owner for a
45 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
46 hundred eighty of this chapter in accordance with section eleven hundred
47 eighty-b of this chapter, and except an adjudication of liability of an
48 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
49 section eleven hundred eighty of this chapter in accordance with section
50 eleven hundred eighty-c of this chapter, and except an adjudication of
51 liability of an owner for a violation of toll collection regulations
52 pursuant to section two thousand nine hundred eighty-five of the public
53 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
54 ter seven hundred seventy-four of the laws of nineteen hundred fifty,
55 there shall be levied in addition to any sentence, penalty or other
A. 11243 17
1 surcharge required or permitted by law, an additional surcharge of twen-
2 ty-eight dollars.
3 § 4-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
4 and traffic law, as amended by section 11-c of chapter 222 of the laws
5 of 2015, is amended to read as follows:
6 a. Notwithstanding any other provision of law, whenever proceedings in
7 a court or an administrative tribunal of this state result in a
8 conviction for an offense under this chapter, except a conviction pursu-
9 ant to section eleven hundred ninety-two of this chapter, or for a traf-
10 fic infraction under this chapter, or a local law, ordinance, rule or
11 regulation adopted pursuant to this chapter, except a traffic infraction
12 involving standing, stopping, or parking or violations by pedestrians or
13 bicyclists, and except an adjudication of liability of an owner for a
14 violation of subdivision (d) of section eleven hundred eleven of this
15 chapter in accordance with section eleven hundred eleven-a of this chap-
16 ter or in accordance with section eleven hundred eleven-d of this chap-
17 ter or in accordance with section eleven hundred eleven-e of this chap-
18 ter or in accordance with section eleven hundred eleven-f of this
19 chapter, and except an adjudication of liability of an owner for a
20 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
21 hundred eighty of this chapter in accordance with section eleven hundred
22 eighty-c of this chapter, and except an adjudication of liability of an
23 owner for a violation of toll collection regulations pursuant to section
24 two thousand nine hundred eighty-five of the public authorities law or
25 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
26 seventy-four of the laws of nineteen hundred fifty, there shall be
27 levied in addition to any sentence, penalty or other surcharge required
28 or permitted by law, an additional surcharge of twenty-eight dollars.
29 § 4-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
30 and traffic law, as amended by section 11-d of chapter 222 of the laws
31 of 2015, is amended to read as follows:
32 a. Notwithstanding any other provision of law, whenever proceedings in
33 a court or an administrative tribunal of this state result in a
34 conviction for an offense under this chapter, except a conviction pursu-
35 ant to section eleven hundred ninety-two of this chapter, or for a traf-
36 fic infraction under this chapter, or a local law, ordinance, rule or
37 regulation adopted pursuant to this chapter, except a traffic infraction
38 involving standing, stopping, or parking or violations by pedestrians or
39 bicyclists, and except an adjudication of liability of an owner for a
40 violation of subdivision (d) of section eleven hundred eleven of this
41 chapter in accordance with section eleven hundred eleven-a of this chap-
42 ter or in accordance with section eleven hundred eleven-d of this chap-
43 ter or in accordance with section eleven hundred eleven-e of this chap-
44 ter or in accordance with section eleven hundred eleven-f of this
45 chapter, and except an adjudication of liability of an owner for a
46 violation of toll collection regulations pursuant to section two thou-
47 sand nine hundred eighty-five of the public authorities law or sections
48 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
49 of the laws of nineteen hundred fifty, there shall be levied in addition
50 to any sentence, penalty or other surcharge required or permitted by
51 law, an additional surcharge of twenty-eight dollars.
52 § 4-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
53 and traffic law, as amended by section 11-e of chapter 222 of the laws
54 of 2015, is amended to read as follows:
55 a. Notwithstanding any other provision of law, whenever proceedings in
56 a court or an administrative tribunal of this state result in a
A. 11243 18
1 conviction for an offense under this chapter, except a conviction pursu-
2 ant to section eleven hundred ninety-two of this chapter, or for a traf-
3 fic infraction under this chapter, or a local law, ordinance, rule or
4 regulation adopted pursuant to this chapter, except a traffic infraction
5 involving standing, stopping, or parking or violations by pedestrians or
6 bicyclists, and except an adjudication of liability of an owner for a
7 violation of subdivision (d) of section eleven hundred eleven of this
8 chapter in accordance with section eleven hundred eleven-a of this chap-
9 ter or in accordance with section eleven hundred eleven-e of this chap-
10 ter or in accordance with section eleven hundred eleven-f of this chap-
11 ter, and except an adjudication of liability of an owner for a violation
12 of toll collection regulations pursuant to section two thousand nine
13 hundred eighty-five of the public authorities law or sections sixteen-a,
14 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
15 laws of nineteen hundred fifty, there shall be levied in addition to any
16 sentence, penalty or other surcharge required or permitted by law, an
17 additional surcharge of twenty-eight dollars.
18 § 4-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
19 and traffic law, as amended by section 5 of part C of chapter 55 of the
20 laws of 2013, is amended to read as follows:
21 a. Notwithstanding any other provision of law, whenever proceedings in
22 a court or an administrative tribunal of this state result in a
23 conviction for an offense under this chapter, except a conviction pursu-
24 ant to section eleven hundred ninety-two of this chapter, or for a traf-
25 fic infraction under this chapter, or a local law, ordinance, rule or
26 regulation adopted pursuant to this chapter, except a traffic infraction
27 involving standing, stopping, or parking or violations by pedestrians or
28 bicyclists, and except an adjudication of liability of an owner for a
29 violation of subdivision (d) of section eleven hundred eleven of this
30 chapter in accordance with section eleven hundred eleven-a of this chap-
31 ter or in accordance with section eleven hundred eleven-f of this chap-
32 ter, and except an adjudication of liability of an owner for a violation
33 of toll collection regulations pursuant to section two thousand nine
34 hundred eighty-five of the public authorities law or sections sixteen-a,
35 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
36 laws of nineteen hundred fifty, there shall be levied in addition to any
37 sentence, penalty or other surcharge required or permitted by law, an
38 additional surcharge of twenty-eight dollars.
39 § 5. Subdivision 2 of section 87 of the public officers law is amended
40 by adding a new paragraph (p) to read as follows:
41 (p) are photographs, microphotographs, videotape or other recorded
42 images prepared under authority of section eleven hundred eleven-f of
43 the vehicle and traffic law.
44 § 6. Section 370 of the general municipal law is amended by adding a
45 new subdivision 6 to read as follows:
46 6. There shall be a department of the Westchester county government
47 known as the Westchester county traffic and parking violations agency,
48 which shall operate under the direction and control of the county execu-
49 tive.
50 § 7. Subdivision 1 of section 370-a of the general municipal law, as
51 amended by chapter 388 of the laws of 2012, is amended to read as
52 follows:
53 1. "Traffic and parking violations agency" shall mean a department of
54 the Nassau county government established pursuant to subdivision two of
55 section three hundred seventy of this article or a department in the
56 Suffolk county government established pursuant to subdivision three of
A. 11243 19
1 such section or a department in the Westchester county government estab-
2 lished pursuant to subdivision six of such section to administer and
3 dispose of traffic and parking infractions.
4 § 7-a. Subdivision 2 of section 370-a of the general municipal law, as
5 amended by section 5 of part CC of chapter 58 of the laws of 2015, is
6 amended to read as follows:
7 2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
8 tice law in the state of New York who, having been appointed and either
9 hired or retained pursuant to section three hundred seventy-four of this
10 article, has the responsibility of prosecuting any traffic and parking
11 infractions returnable before the Nassau county district court or the
12 Suffolk county district court or the city, town and village courts with-
13 in the county of Westchester or any traffic infractions returnable
14 before the Buffalo city court pursuant to the jurisdictional limitations
15 of section three hundred seventy-one of this article.
16 § 8. Subdivisions 2 and 3 of section 371 of the general municipal law,
17 as amended by chapter 43 of the laws of 2014, are amended to read as
18 follows:
19 2. The Nassau county traffic and parking violations agency, as estab-
20 lished, may be authorized to assist the Nassau county district court,
21 and the Suffolk county traffic and parking violations agency, as estab-
22 lished, may be authorized to assist the Suffolk county district court,
23 and the Westchester county traffic and parking violations agency, as
24 established, may be authorized to assist the city, town and village
25 courts in Westchester county, in the disposition and administration of
26 infractions of traffic and parking laws, ordinances, rules and regu-
27 lations and the liability of owners for violations of subdivision (d) of
28 section eleven hundred eleven of the vehicle and traffic law in accord-
29 ance with section eleven hundred eleven-b or section eleven hundred
30 eleven-f of such law and the liability of owners for violations of
31 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
32 of the vehicle and traffic law in accordance with section eleven hundred
33 eighty-c of such law, except that such agencies shall not have jurisdic-
34 tion over (a) the traffic infraction defined under subdivision one of
35 section eleven hundred ninety-two of the vehicle and traffic law; (b)
36 the traffic infraction defined under subdivision five of section eleven
37 hundred ninety-two of the vehicle and traffic law; (c) the violation
38 defined under paragraph (b) of subdivision four of section fourteen-f of
39 the transportation law and the violation defined under clause (b) of
40 subparagraph (iii) of paragraph c of subdivision two of section one
41 hundred forty of the transportation law; (d) the traffic infraction
42 defined under section three hundred ninety-seven-a of the vehicle and
43 traffic law and the traffic infraction defined under subdivision (g) of
44 section eleven hundred eighty of the vehicle and traffic law; (e) any
45 misdemeanor or felony; [or] (f) any offense that is part of the same
46 criminal transaction, as that term is defined in subdivision two of
47 section 40.10 of the criminal procedure law, as a violation of subdivi-
48 sion one of section eleven hundred ninety-two of the vehicle and traffic
49 law, a violation of subdivision five of section eleven hundred ninety-
50 two of the vehicle and traffic law, a violation of paragraph (b) of
51 subdivision four of section fourteen-f of the transportation law, a
52 violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-
53 sion two of section one hundred forty of the transportation law, a
54 violation of section three hundred ninety-seven-a of the vehicle and
55 traffic law, a violation of subdivision (g) of section eleven hundred
56 eighty of the vehicle and traffic law or any misdemeanor or felony; or
A. 11243 20
1 (g) with respect to the Westchester county traffic and parking
2 violations agency, any traffic violation returnable to a court for which
3 a traffic violations bureau has been established pursuant to subdivision
4 one of this section, any parking violation returnable to a court for
5 which a parking violations bureau has been established pursuant to arti-
6 cle two-B of the vehicle and traffic law, any liability of owners for
7 violations of subdivision (d) of section eleven hundred eleven of the
8 vehicle and traffic law in accordance with section eleven hundred
9 eleven-b, section eleven hundred eleven-d or section eleven hundred
10 eleven-e of the vehicle and traffic law, or any traffic or parking
11 violation returnable to a court of a city, town or village which has
12 elected pursuant to the enactment of a local law, ordinance or resol-
13 ution to not authorize the Westchester county traffic and parking
14 violations agency to assist the court of such city, town or village in
15 the disposition and administration of infractions of traffic and parking
16 laws, ordinances, rules and regulations.
17 3. A person charged with an infraction which shall be disposed of by
18 either a traffic violations bureau, the Nassau county traffic and park-
19 ing violations agency, or the Suffolk county traffic and parking
20 violations agency, or the Westchester county traffic and parking
21 violations agency may be permitted to answer, within a specified time,
22 at the traffic violations bureau, in Nassau county at the traffic and
23 parking violations agency and in Suffolk county at the traffic and park-
24 ing violations agency and in Westchester county at the traffic and park-
25 ing violations agency, either in person or by written power of attorney
26 in such form as may be prescribed in the ordinance or local law creating
27 the bureau or agency, by paying a prescribed fine and, in writing, waiv-
28 ing a hearing in court, pleading guilty to the charge or admitting
29 liability as an owner for the violation of subdivision (d) of section
30 eleven hundred eleven of the vehicle and traffic law, or admitting
31 liability as an owner for the violation of subdivision (b), (c), (d),
32 (f) or (g) of section eleven hundred eighty of the vehicle and traffic
33 law, as the case may be, and authorizing the person in charge of the
34 bureau or agency to enter such a plea or admission and accept payment of
35 said fine. Acceptance of the prescribed fine and power of attorney by
36 the bureau or agency shall be deemed complete satisfaction for the
37 violation or of the liability, and the violator or owner liable for a
38 violation of subdivision (d) of section eleven hundred eleven of the
39 vehicle and traffic law or owner liable for a violation of subdivision
40 (b), (c), (d), (f) or (g) of section eleven hundred eighty of the vehi-
41 cle and traffic law shall be given a receipt which so states. If a
42 person charged with a traffic violation does not answer as hereinbefore
43 prescribed, within a designated time, the bureau or agency may cause a
44 complaint to be entered against him forthwith and a warrant to be issued
45 for his arrest and appearance before the court, such summons to be pred-
46 icated upon the personal service of said summons upon the person charged
47 with the infraction. Any person who shall have been, within the preced-
48 ing twelve months, guilty of a number of parking violations in excess of
49 such maximum number as may be designated by the court, or of three or
50 more violations other than parking violations, shall not be permitted to
51 appear and answer to a subsequent violation at the traffic violations
52 bureau or agency, but must appear in court at a time specified by the
53 bureau or agency. Such bureau or agency shall not be authorized to
54 deprive a person of his right to counsel or to prevent him from exercis-
55 ing his right to appear in court to answer to, explain, or defend any
56 charge of a violation of any traffic law, ordinance, rule or regulation.
A. 11243 21
1 § 8-a. Subdivisions 2 and 3 of section 371 of the general municipal
2 law, as amended by chapter 388 of the laws of 2012, are amended to read
3 as follows:
4 2. The Nassau county traffic and parking violations agency, as estab-
5 lished, may be authorized to assist the Nassau county district court,
6 and the Suffolk county traffic and parking violations agency, as estab-
7 lished, may be authorized to assist the Suffolk county district court,
8 and the Westchester county traffic and parking violations agency, as
9 established, may be authorized to assist the city, town and village
10 courts in Westchester county, in the disposition and administration of
11 infractions of traffic and parking laws, ordinances, rules and regu-
12 lations and the liability of owners for violations of subdivision (d) of
13 section eleven hundred eleven of the vehicle and traffic law in accord-
14 ance with section eleven hundred eleven-b of such law, except that such
15 agencies shall not have jurisdiction over (a) the traffic infraction
16 defined under subdivision one of section eleven hundred ninety-two of
17 the vehicle and traffic law; (b) the traffic infraction defined under
18 subdivision five of section eleven hundred ninety-two of the vehicle and
19 traffic law; (c) the violation defined under paragraph (b) of subdivi-
20 sion four of section fourteen-f of the transportation law and the
21 violation defined under clause (b) of subparagraph (iii) of paragraph c
22 of subdivision two of section one hundred forty of the transportation
23 law; (d) the traffic infraction defined under section three hundred
24 ninety-seven-a of the vehicle and traffic law and the traffic infraction
25 defined under subdivision (g) of section eleven hundred eighty of the
26 vehicle and traffic law; (e) any misdemeanor or felony; [or] (f) any
27 offense that is part of the same criminal transaction, as that term is
28 defined in subdivision two of section 40.10 of the criminal procedure
29 law, as a violation of subdivision one of section eleven hundred nine-
30 ty-two of the vehicle and traffic law, a violation of subdivision five
31 of section eleven hundred ninety-two of the vehicle and traffic law, a
32 violation of paragraph (b) of subdivision four of section fourteen-f of
33 the transportation law, a violation of clause (b) of subparagraph (iii)
34 of paragraph c of subdivision two of section one hundred forty of the
35 transportation law, a violation of section three hundred ninety-seven-a
36 of the vehicle and traffic law, a violation of subdivision (g) of
37 section eleven hundred eighty of the vehicle and traffic law or any
38 misdemeanor or felony; or (g) with respect to the Westchester county
39 traffic and parking violations agency, any traffic violation returnable
40 to a court for which a traffic violations bureau has been established
41 pursuant to subdivision one of this section, any parking violation
42 returnable to a court for which a parking violations bureau has been
43 established pursuant to article two-B of the vehicle and traffic law,
44 any liability of owners for violations of subdivision (d) of section
45 eleven hundred eleven of the vehicle and traffic law in accordance with
46 section eleven hundred eleven-b, section eleven hundred eleven-d or
47 section eleven hundred eleven-e of the vehicle and traffic law, or any
48 traffic or parking violation returnable to a court of a city, town or
49 village which has elected pursuant to the enactment of a local law,
50 ordinance or resolution to not authorize the Westchester county traffic
51 and parking violations agency to assist the court of such city, town or
52 village in the disposition and administration of infractions of traffic
53 and parking laws, ordinances, rules and regulations.
54 3. A person charged with an infraction which shall be disposed of by
55 either a traffic violations bureau, the Nassau county traffic and park-
56 ing violations agency, or the Suffolk county traffic and parking
A. 11243 22
1 violations agency, or the Westchester county traffic and parking
2 violations agency may be permitted to answer, within a specified time,
3 at the traffic violations bureau, in Nassau county at the traffic and
4 parking violations agency and in Suffolk county at the traffic and park-
5 ing violations agency and in Westchester county at the traffic and park-
6 ing violations agency, either in person or by written power of attorney
7 in such form as may be prescribed in the ordinance or local law creating
8 the bureau or agency, by paying a prescribed fine and, in writing, waiv-
9 ing a hearing in court, pleading guilty to the charge or admitting
10 liability as an owner for the violation of subdivision (d) of section
11 eleven hundred eleven of the vehicle and traffic law, as the case may
12 be, and authorizing the person in charge of the bureau or agency to
13 enter such a plea or admission and accept payment of said fine. Accept-
14 ance of the prescribed fine and power of attorney by the bureau or agen-
15 cy shall be deemed complete satisfaction for the violation or of the
16 liability, and the violator or owner liable for a violation of subdivi-
17 sion (d) of section eleven hundred eleven of the vehicle and traffic law
18 shall be given a receipt which so states. If a person charged with a
19 traffic violation does not answer as hereinbefore prescribed, within a
20 designated time, the bureau or agency may cause a complaint to be
21 entered against him forthwith and a warrant to be issued for his arrest
22 and appearance before the court, such summons to be predicated upon the
23 personal service of said summons upon the person charged with the
24 infraction. Any person who shall have been, within the preceding twelve
25 months, guilty of a number of parking violations in excess of such maxi-
26 mum number as may be designated by the court, or of three or more
27 violations other than parking violations, shall not be permitted to
28 appear and answer to a subsequent violation at the traffic violations
29 bureau or agency, but must appear in court at a time specified by the
30 bureau or agency. Such bureau or agency shall not be authorized to
31 deprive a person of his right to counsel or to prevent him from exercis-
32 ing his right to appear in court to answer to, explain, or defend any
33 charge of a violation of any traffic law, ordinance, rule or regulation.
34 § 8-b. Subdivision 4 of section 371 of the general municipal law, as
35 amended by chapter 388 of the laws of 2012, is amended to read as
36 follows:
37 4. Notwithstanding any inconsistent provision of law, fines, penalties
38 and forfeitures collected by the Nassau county or Suffolk county or
39 Westchester county traffic and parking violations agency shall be
40 distributed as provided in section eighteen hundred three of the vehicle
41 and traffic law. All fines, penalties and forfeitures for violations
42 adjudicated by the Nassau county or Suffolk county or Westchester county
43 traffic and parking violations agency pursuant to subdivision two of
44 this section, with the exception of parking violations, and except as
45 provided in subdivision three of section ninety-nine-a of the state
46 finance law, shall be paid by such agencies to the state comptroller
47 within the first ten days of the month following collection. Each such
48 payment shall be accompanied by a true and complete report in such form
49 and detail as the comptroller shall prescribe.
50 § 8-c. Section 371 of the general municipal law, as amended by section
51 12-a of chapter 222 of the laws of 2015, is amended to read as follows:
52 § 371. Jurisdiction and procedure. A traffic violations bureau so
53 established may be authorized to dispose of violations of traffic laws,
54 ordinances, rules and regulations when such offenses shall not consti-
55 tute the traffic infraction known as speeding or a misdemeanor or felo-
56 ny, and, if authorized by local law or ordinance, to adjudicate the
A. 11243 23
1 liability of owners for violations of subdivision (d) of section eleven
2 hundred eleven of the vehicle and traffic law in accordance with section
3 eleven hundred eleven-b of such law as added by sections sixteen of
4 chapters twenty, twenty-one, and twenty-two of the laws of two thousand
5 nine which amended this section or section eleven hundred eleven-d of
6 such law or section eleven hundred eleven-e of such law or section elev-
7 en hundred eleven-f of such law, by permitting a person charged with an
8 offense within the limitations herein stated, to answer, within a speci-
9 fied time, at the traffic violations bureau, either in person or by
10 written power of attorney in such form as may be prescribed in the ordi-
11 nance creating the bureau, by paying a prescribed fine and, in writing,
12 waiving a hearing in court, pleading guilty to the charge or admitting
13 liability as an owner for the violation of subdivision (d) of section
14 eleven hundred eleven of the vehicle and traffic law, as the case may
15 be, and authorizing the person in charge of the bureau to make such a
16 plea or admission and pay such a fine in court. Acceptance of the
17 prescribed fine and power of attorney by the bureau shall be deemed
18 complete satisfaction for the violation or of the liability, and the
19 violator or owner liable for a violation of subdivision (d) of section
20 eleven hundred eleven of the vehicle and traffic law shall be given a
21 receipt which so states. If a person charged with a traffic violation
22 does not answer as hereinbefore prescribed, within a designated time,
23 the bureau shall cause a complaint to be entered against him or her
24 forthwith and a warrant to be issued for his or her arrest and appear-
25 ance before the court. Any person who shall have been, within the
26 preceding twelve months, guilty of a number of parking violations in
27 excess of such maximum number as may be designated by the court, or of
28 three or more violations other than parking violations, shall not be
29 permitted to appear and answer to a subsequent violation at the traffic
30 violations bureau, but must appear in court at a time specified by the
31 bureau. Such traffic violations bureau shall not be authorized to
32 deprive a person of his or her right to counsel or to prevent him or her
33 from exercising his or her right to appear in court to answer to,
34 explain, or defend any charge of a violation of any traffic law, ordi-
35 nance, rule or regulation.
36 § 8-d. Section 371 of the general municipal law, as amended by section
37 12-b of chapter 222 of the laws of 2015, is amended to read as follows:
38 § 371. Jurisdiction and procedure. A traffic violations bureau so
39 established may be authorized to dispose of violations of traffic laws,
40 ordinances, rules and regulations when such offenses shall not consti-
41 tute the traffic infraction known as speeding or a misdemeanor or felo-
42 ny, and, if authorized by local law or ordinance, to adjudicate the
43 liability of owners for violations of subdivision (d) of section eleven
44 hundred eleven of the vehicle and traffic law in accordance with section
45 eleven hundred eleven-d or section eleven hundred eleven-e or section
46 eleven hundred eleven-f of the vehicle and traffic law, by permitting a
47 person charged with an offense within the limitations herein stated, to
48 answer, within a specified time, at the traffic violations bureau,
49 either in person or by written power of attorney in such form as may be
50 prescribed in the ordinance creating the bureau, by paying a prescribed
51 fine and, in writing, waiving a hearing in court, pleading guilty to the
52 charge or admitting liability as an owner for the violation of subdivi-
53 sion (d) of section eleven hundred eleven of the vehicle and traffic
54 law, as the case may be, and authorizing the person in charge of the
55 bureau to make such a plea or admission and pay such a fine in court.
56 Acceptance of the prescribed fine and power of attorney by the bureau
A. 11243 24
1 shall be deemed complete satisfaction for the violation or of the
2 liability, and the violator or owner liable for a violation of subdivi-
3 sion (d) of section eleven hundred eleven of the vehicle and traffic law
4 shall be given a receipt which so states. If a person charged with a
5 traffic violation does not answer as hereinbefore prescribed, within a
6 designated time, the bureau shall cause a complaint to be entered
7 against him or her forthwith and a warrant to be issued for his or her
8 arrest and appearance before the court. Any person who shall have been,
9 within the preceding twelve months, guilty of a number of parking
10 violations in excess of such maximum number as may be designated by the
11 court, or of three or more violations other than parking violations,
12 shall not be permitted to appear and answer to a subsequent violation at
13 the traffic violations bureau, but must appear in court at a time speci-
14 fied by the bureau. Such traffic violations bureau shall not be author-
15 ized to deprive a person of his or her right to counsel or to prevent
16 him or her from exercising his or her right to appear in court to answer
17 to, explain, or defend any charge of a violation of any traffic law,
18 ordinance, rule or regulation.
19 § 8-e. Section 371 of the general municipal, as amended by section
20 12-c of chapter 222 of the laws of 2015, is amended to read as follows:
21 § 371. Jurisdiction and procedure. A traffic violations bureau so
22 established may be authorized to dispose of violations of traffic laws,
23 ordinances, rules and regulations when such offenses shall not consti-
24 tute the traffic infraction known as speeding or a misdemeanor or felo-
25 ny, and, if authorized by local law or ordinance, to adjudicate the
26 liability of owners for violations of subdivision (d) of section eleven
27 hundred eleven of the vehicle and traffic law in accordance with section
28 eleven hundred eleven-e or section eleven hundred eleven-f of the vehi-
29 cle and traffic law, by permitting a person charged with an offense
30 within the limitations herein stated, to answer, within a specified
31 time, at the traffic violations bureau, either in person or by written
32 power of attorney in such form as may be prescribed in the ordinance
33 creating the bureau, by paying a prescribed fine and, in writing, waiv-
34 ing a hearing in court, pleading guilty to the charge or admitting
35 liability as an owner for violation of subdivision (d) of section eleven
36 hundred eleven of the vehicle and traffic law, as the case may be, and
37 authorizing the person in charge of the bureau to make such a plea or
38 admission and pay such a fine in court. Acceptance of the prescribed
39 fine and power of attorney by the bureau shall be deemed complete satis-
40 faction for the violation or of the liability, and the violator or owner
41 liable for a violation of subdivision (d) of section eleven hundred
42 eleven of the vehicle and traffic law shall be given a receipt which so
43 states. If a person charged with a traffic violation does not answer as
44 hereinbefore prescribed, within a designated time, the bureau shall
45 cause a complaint to be entered against him or her forthwith and a
46 warrant to be issued for his or her arrest and appearance before the
47 court. Any person who shall have been, within the preceding twelve
48 months, guilty of a number of parking violations in excess of such maxi-
49 mum number as may be designated by the court, or of three or more
50 violations other than parking violations, shall not be permitted to
51 appear and answer to a subsequent violation at the traffic violations
52 bureau, but must appear in court at a time specified by the bureau. Such
53 traffic violations bureau shall not be authorized to deprive a person of
54 his or her right to counsel or to prevent him or her from exercising his
55 or her right to appear in court to answer to, explain, or defend any
56 charge of a violation of any traffic law, ordinance, rule or regulation.
A. 11243 25
1 § 8-f. Section 371 of the general municipal law, as amended by chapter
2 802 of the laws of 1949, is amended to read as follows:
3 § 371. Jurisdiction and procedure. A traffic violations bureau so
4 established may be authorized to dispose of violations of traffic laws,
5 ordinances, rules and regulations when such offenses shall not consti-
6 tute the traffic infraction known as speeding or a misdemeanor or felo-
7 ny, and, if authorized by local law or ordinance, to adjudicate the
8 liability of owners for violations of subdivision (d) of section eleven
9 hundred eleven of the vehicle and traffic law in accordance with section
10 eleven hundred eleven-f of the vehicle and traffic law, by permitting a
11 person charged with an offense within the limitations herein stated, to
12 answer, within a specified time, at the traffic violations bureau,
13 either in person or by written power of attorney in such form as may be
14 prescribed in the ordinance creating the bureau, by paying a prescribed
15 fine and, in writing, waiving a hearing in court, pleading guilty to the
16 charge or admitting liability as an owner for violation of subdivision
17 (d) of section eleven hundred eleven of the vehicle and traffic law, as
18 the case may be, and authorizing the person in charge of the bureau to
19 make such a plea or admission and pay such a fine in court. Acceptance
20 of the prescribed fine and power of attorney by the bureau shall be
21 deemed complete satisfaction for the violation or of the liability, and
22 the violator or owner liable for a violation of subdivision (d) of
23 section eleven hundred eleven of the vehicle and traffic law shall be
24 given a receipt which so states. If a person charged with a traffic
25 violation does not answer as hereinbefore prescribed, within a desig-
26 nated time, the bureau shall cause a complaint to be entered against him
27 or her forthwith and a warrant to be issued for his or her arrest and
28 appearance before the court. Any person who shall have been, within the
29 preceding twelve months, guilty of a number of parking violations in
30 excess of such maximum number as may be designated by the court, or of
31 three or more violations other than parking violations, shall not be
32 permitted to appear and answer to a subsequent violation at the traffic
33 violations bureau, but must appear in court at a time specified by the
34 bureau. Such traffic violations bureau shall not be authorized to
35 deprive a person of his or her right to counsel or to prevent him or her
36 from exercising his or her right to appear in court to answer to,
37 explain, or defend any charge of a violation of any traffic law, ordi-
38 nance, rule or regulation.
39 § 9. Section 374 of the general municipal law, as amended by chapter
40 388 of the laws 2012, is amended to read as follows:
41 § 374. Traffic prosecutor selection and oversight. (a) The executive
42 director of the Nassau county traffic and parking violations agency, and
43 the executive director of the Suffolk county traffic and parking
44 violations agency, and the executive director of the Westchester county
45 traffic and parking violations agency appointed pursuant to subdivision
46 (b) of this section, shall select and may contract with or hire one or
47 more persons who are attorneys, duly admitted to the practice of law in
48 New York state for the prosecution of any traffic and parking infrac-
49 tion, except those described in paragraphs (a), (b), (c), (d), (e) and
50 (f) of subdivision two of section three hundred seventy-one of this
51 article, to be heard, tried or otherwise disposed of by the district
52 court of Nassau county in the case of an attorney selected by the Nassau
53 county executive director, or by the district court of Suffolk county,
54 in the case of an attorney selected by the Suffolk county executive
55 director or by a city, town or village court in Westchester county, in
56 the case of an attorney selected by the Westchester county executive
A. 11243 26
1 director. Such persons shall be known as "traffic prosecutors", as that
2 term is defined in section three hundred seventy-a of this article.
3 Traffic prosecutors shall have the same power as a district attorney
4 would otherwise have in the prosecution of any traffic or parking
5 infraction which may, pursuant to the jurisdictional provisions of
6 section three hundred seventy-one of this article, be prosecuted before
7 the district court of Nassau county or the district court of Suffolk
8 county, if the traffic violation occurred in Suffolk county or a city,
9 town or village court in Westchester county, if the traffic violation
10 occurred in Westchester county. The executive director shall give
11 active consideration to requiring that such traffic prosecutors serve on
12 a full-time basis. Traffic prosecutors are prohibited from appearing in
13 any capacity other than as a traffic prosecutor in any part of the
14 Nassau county district court or the Suffolk county district court, if
15 the traffic violation occurred in Suffolk county, or in any city, town
16 or village court in Westchester county if the traffic violation occurred
17 in Westchester county, on any matter relating to traffic or parking
18 violations and are further prohibited from appearing in any capacity
19 other than as a traffic prosecutor in any other court or administrative
20 tribunal on any matter relating to traffic or parking violations.
21 (b) The county executive of the county of Nassau shall appoint a
22 person to serve as the executive director of the Nassau county traffic
23 and parking violations agency subject to the confirmation of the county
24 legislature of the county of Nassau. The county executive of the county
25 of Suffolk shall appoint a person to serve as the executive director of
26 the Suffolk county traffic and parking violations agency subject to the
27 confirmation of the county legislature of the county of Suffolk. The
28 county executive of the county of Westchester shall appoint a person to
29 serve as the executive director of the Westchester county traffic and
30 parking violations agency subject to the confirmation of the county
31 legislature of the county of Westchester. The executive director shall
32 be responsible for the oversight and administration of the agency. The
33 executive director of Nassau county is prohibited from appearing in any
34 capacity in any part of the Nassau county district court and the execu-
35 tive director of Suffolk county is prohibited from appearing in any
36 capacity in any part of the Suffolk county district court on any matter
37 relating to traffic or parking violations and the executive director of
38 Westchester county is prohibited from appearing in any capacity in any
39 part of the city, town or village courts in Westchester county on any
40 matter relating to traffic or parking violations and is further prohib-
41 ited from appearing in any capacity in any other court or administrative
42 tribunal on any matter relating to traffic or parking violations.
43 (c) It shall be a misdemeanor for the executive director, any traffic
44 prosecutor or any judicial hearing officer assigned to hear traffic or
45 parking violations cases pursuant to section one thousand six hundred
46 ninety of the vehicle and traffic law to establish any quota of traffic
47 violation convictions which must be obtained by any traffic prosecutor
48 or judicial hearing officer. Nothing contained herein shall prohibit the
49 taking of any job action against a traffic prosecutor or judicial hear-
50 ing officer for failure to satisfactorily perform such prosecutor's or
51 officer's job assignment except that the employment productivity of such
52 prosecutor or officer shall not be measured by the attainment or nonat-
53 tainment of any conviction quota. For the purposes of this section a
54 conviction quota shall mean a specific number of convictions which must
55 be obtained within a specific time period.
A. 11243 27
1 (d) The legislature of the county of Nassau may appropriate those
2 monies which, in the legislature's sole discretion, are necessary for
3 the compensation of those persons selected to serve as executive direc-
4 tor and traffic prosecutors and to cover all other expenses associated
5 with the administration of the Nassau county traffic and parking
6 violations agency.
7 (e) The legislature of the county of Suffolk may appropriate those
8 monies which, in the legislature's sole discretion, are necessary for
9 the compensation of those persons selected to serve as executive direc-
10 tor and traffic prosecutors and to cover all other expenses associated
11 with the administration of the Suffolk county traffic and parking
12 violations agency.
13 (f) The legislature of the county of Westchester may appropriate those
14 monies which, in the legislature's sole discretion, are necessary for
15 the compensation of those persons selected to serve as executive direc-
16 tor and traffic prosecutors and to cover all other expenses associated
17 with the administration of the Westchester county traffic and parking
18 violations agency.
19 § 10. The article heading of article 44-A of the vehicle and traffic
20 law, as amended by chapter 157 of the laws of 2017, is amended to read
21 as follows:
22 AUTHORITY OF THE NASSAU AND SUFFOLK COUNTY DISTRICT COURT AND BUFFALO
23 CITY COURT AND ROCHESTER CITY COURT AND WESTCHESTER
24 COUNTY, CITY, TOWN AND VILLAGE COURT JUDICIAL HEARING OFFICERS
25 § 11. The section heading and subdivisions 1 and 4 of section 1690 of
26 the vehicle and traffic law, the section heading as amended by chapter
27 157 of the laws of 2017 and subdivisions 1 and 4 as amended by chapter
28 388 of the laws of 2012, are amended to read as follows:
29 Authority of the Nassau county and Suffolk county district court judi-
30 cial hearing officers and the Westchester county judicial hearing offi-
31 cers and the city of Buffalo judicial hearing officers and the city of
32 Rochester judicial hearing officers. 1. Notwithstanding any other
33 provision of law, where the trial of a traffic or parking infraction is
34 authorized or required to be tried before the Nassau county district
35 court or Suffolk county district court or a city, town or village court
36 in Westchester county, and such traffic and parking infraction does not
37 constitute a misdemeanor, felony, violation of subdivision one of
38 section eleven hundred ninety-two, subdivision five of section eleven
39 hundred ninety-two, section three hundred ninety-seven-a, or subdivision
40 (g) of section eleven hundred eighty of this chapter, or a violation of
41 paragraph (b) of subdivision four of section fourteen-f or clause (b) of
42 subparagraph (iii) of paragraph c of subdivision two of section one
43 hundred forty of the transportation law, or any offense that is part of
44 the same criminal transaction, as that term is defined in subdivision
45 two of section 40.10 of the criminal procedure law, as such a misdemea-
46 nor, felony, violation of subdivision one of section eleven hundred
47 ninety-two, subdivision two of section eleven hundred ninety-two,
48 section three hundred ninety-seven-a or subdivision (g) of section elev-
49 en hundred eighty of this chapter, or a violation of paragraph (b) of
50 subdivision four of section fourteen-f or clause (b) of subparagraph
51 (iii) of paragraph d of subdivision two of section one hundred forty of
52 the transportation law, or with respect to the Westchester county traf-
53 fic and parking violations agency, any traffic violation returnable to a
54 court for which a traffic violations bureau has been established pursu-
55 ant to subdivision one of section three hundred seventy-one of the
56 general municipal law, any parking violation returnable to a court for
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1 which a parking violations bureau has been established pursuant to arti-
2 cle two-B of this chapter, any liability of owners for violations of
3 subdivision (d) of section eleven hundred eleven of this chapter in
4 accordance with section eleven hundred eleven-b, section eleven hundred
5 eleven-d or section eleven hundred eleven-e of this chapter, or any
6 traffic or parking violation returnable to a court of a city, town or
7 village which has elected pursuant to the enactment of a local law,
8 ordinance or resolution to not authorize the Westchester county traffic
9 and parking violations agency to assist the court of such city, town or
10 village in the disposition and administration of infractions of traffic
11 and parking laws, ordinances, rules and regulations, the administrative
12 judge of the county in which the trial court is located, may assign
13 judicial hearing officers to conduct such a trial. Such judicial hearing
14 officers shall be village court justices or retired judges either of
15 which shall have at least two years of experience conducting trials of
16 traffic and parking violations cases and shall be admitted to practice
17 law in this state. Where such assignment is made, the judicial hearing
18 officer shall entertain the case in the same manner as a court and
19 shall:
20 (a) determine all questions of law;
21 (b) act as the exclusive trier of all issues of fact;
22 (c) render a verdict;
23 (d) impose sentence; or
24 (e) dispose of the case in any manner provided by law.
25 4. Judicial hearing officers are prohibited from appearing in any
26 capacity other than as a judicial hearing officer in any part of the
27 Nassau county or Suffolk county district court or a city, town or
28 village court in Westchester county on any matter relating to traffic or
29 parking violations and are further prohibited from appearing in any
30 capacity other than as a judicial hearing officer in any other court or
31 administrative tribunal on any matter relating to traffic or parking
32 violations.
33 § 12. Subdivision 5 of section 350.20 of the criminal procedure law,
34 as amended by chapter 157 of the laws of 2017, is amended to read as
35 follows:
36 5. Notwithstanding the provisions of subdivision one of this section,
37 for all proceedings before the district court of Nassau county the
38 administrative judge of Nassau county may, and for all proceedings
39 before the district court of Suffolk county, the administrative judge of
40 Suffolk county may, and for all proceedings before a city, town or
41 village court in Westchester county the administrative judge of West-
42 chester county may, without the consent of the parties, assign matters
43 involving traffic and parking infractions except those described in
44 paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
45 three hundred seventy-one of the general municipal law and except, with
46 respect to the Westchester county traffic and parking violations agency,
47 those which are any traffic violation returnable to a court for which a
48 traffic violations bureau has been established pursuant to subdivision
49 one of section three hundred seventy-one of the general municipal law,
50 any parking violation returnable to a court for which a parking
51 violations bureau has been established pursuant to article two-B of the
52 vehicle and traffic law, any liability of owners for violations of
53 subdivision (d) of section eleven hundred eleven of the vehicle and
54 traffic law in accordance with section eleven hundred eleven-b, section
55 eleven hundred eleven-d or section eleven hundred eleven-e of the vehi-
56 cle and traffic law, or any traffic or parking violation returnable to a
A. 11243 29
1 court of a city, town or village which has elected pursuant to the
2 enactment of a local law, ordinance or resolution to not authorize the
3 Westchester county traffic and parking violations agency to assist the
4 court of such city, town or village in the disposition and adminis-
5 tration of infractions of traffic and parking laws, ordinances, rules
6 and regulations to a judicial hearing officer in accordance with the
7 provisions of section sixteen hundred ninety of the vehicle and traffic
8 law and for all proceedings before the Buffalo city court the adminis-
9 trative judge of the eighth judicial district may, without the consent
10 of the parties, assign matters involving traffic infractions except
11 those described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of
12 subdivision two-a of section three hundred seventy-one of the general
13 municipal law to a judicial hearing officer in accordance with the
14 provisions of section sixteen hundred ninety of the vehicle and traffic
15 law and for all proceedings before the Rochester city court the adminis-
16 trative judge of the seventh judicial district may, without the consent
17 of the parties, assign matters involving traffic infractions except
18 those described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of
19 subdivision two-b of section three hundred seventy-one of the general
20 municipal law to a judicial hearing officer in accordance with the
21 provisions of section sixteen hundred ninety of the vehicle and traffic
22 law.
23 § 13. Subdivision 3 of section 99-a of the state finance law, as
24 amended by section 4 of part I of chapter 58 of the laws of 2018, is
25 amended to read as follows:
26 3. The comptroller is hereby authorized to implement alternative
27 procedures, including guidelines in conjunction therewith, relating to
28 the remittance of fines, penalties, forfeitures and other moneys by town
29 and village justice courts, and by the Nassau and Suffolk and Westches-
30 ter counties traffic and parking violations agencies, and by the city of
31 Buffalo traffic violations agency, and by the city of Rochester traffic
32 violations agency, to the justice court fund and for the distribution of
33 such moneys by the justice court fund. Notwithstanding any law to the
34 contrary, the alternative procedures utilized may include:
35 a. electronic funds transfer;
36 b. remittance of funds by the justice court to the chief fiscal office
37 of the town or village, or, in the case of the Nassau and Suffolk and
38 Westchester counties traffic and parking violations agencies, to the
39 county treasurer, or, in the case of the Buffalo traffic violations
40 agency, to the city of Buffalo comptroller, or in the case of the
41 Rochester traffic violations agency, to the city of Rochester treasurer
42 for distribution in accordance with instructions by the comptroller;
43 and/or
44 c. monthly, rather than quarterly, distribution of funds.
45 The comptroller may require such reporting and record keeping as he or
46 she deems necessary to ensure the proper distribution of moneys in
47 accordance with applicable laws. A justice court or the Nassau and
48 Suffolk and Westchester counties traffic and parking violations agencies
49 or the city of Buffalo traffic violations agency or the city of Roches-
50 ter traffic violations agency may utilize these procedures only when
51 permitted by the comptroller, and such permission, once given, may
52 subsequently be withdrawn by the comptroller on due notice.
53 § 13-a. Subdivision 3 of section 99-a of the state finance law, as
54 amended by chapter 157 of the laws of 2017, is amended to read as
55 follows:
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1 3. The comptroller is hereby authorized to implement alternative
2 procedures, including guidelines in conjunction therewith, relating to
3 the remittance of fines, penalties, forfeitures and other moneys by town
4 and village justice courts, and by the Nassau and Suffolk and Westches-
5 ter counties traffic and parking violations agencies, and by the city of
6 Buffalo traffic violations agency, and by the city of Rochester traffic
7 violations agency to the justice court fund and for the distribution of
8 such moneys by the justice court fund. Notwithstanding any law to the
9 contrary, the alternative procedures utilized may include:
10 a. electronic funds transfer;
11 b. remittance of funds by the justice court to the chief fiscal office
12 of the town or village, or, in the case of the Nassau and Suffolk and
13 Westchester counties traffic and parking violations agencies, to the
14 county treasurer, or, in the case of the Buffalo traffic violations
15 agency, to the city of Buffalo comptroller, or in the case of the
16 Rochester traffic violations agency, to the city of Rochester treasurer,
17 for distribution in accordance with instructions by the comptroller;
18 and/or
19 c. monthly, rather than quarterly, distribution of funds.
20 The comptroller may require such reporting and record keeping as he or
21 she deems necessary to ensure the proper distribution of moneys in
22 accordance with applicable laws. A justice court or the Nassau and
23 Suffolk and Westchester counties traffic and parking violations agencies
24 or the city of Buffalo traffic violations agency or the city of Roches-
25 ter traffic violations agency may utilize these procedures only when
26 permitted by the comptroller, and such permission, once given, may
27 subsequently be withdrawn by the comptroller on due notice.
28 § 14. Subdivision 2 of section 99-l of the general municipal law, as
29 amended by chapter 179 of the laws of 2000, is amended to read as
30 follows:
31 2. The [county] counties of Nassau and Westchester shall be entitled
32 to receive the amounts set forth in subdivision one of this section for
33 the services of the Nassau county and Westchester county traffic and
34 parking violations [agency] agencies and for all services in each case
35 of a parking violation, instituted and triable in such agency, wherein a
36 fine is imposed, a surcharge of ten dollars.
37 § 14-a. Subdivision 2 of section 99-l of the general municipal law, as
38 amended by chapter 388 of the laws of 2012, is amended to read as
39 follows:
40 2. The counties of Nassau and Suffolk and Westchester shall be enti-
41 tled to receive the amounts set forth in subdivision one of this section
42 for the services of their respective county traffic and parking
43 violations agency.
44 § 15. The purchase or lease of equipment for a demonstration program
45 established pursuant to section 1111-f of the vehicle and traffic law
46 shall be subject to the provisions of section 103 of the general munici-
47 pal law.
48 § 16. Notwithstanding any provision of law to the contrary no non-ju-
49 dicial employee of any city, town or village court located in the county
50 of Westchester shall suffer a diminution of salary, employment status or
51 rights solely by operation of this act provided that nothing herein
52 shall limit the legal authority of the chief administrator of the courts
53 to supervise the administration and operation of the unified court
54 system.
55 § 17. The administrative judge of Westchester county shall issue on an
56 annual basis, beginning eighteen months following the creation of the
A. 11243 31
1 Westchester county traffic and parking violations agency pursuant to
2 Westchester county local law, a report detailing the progress, develop-
3 ment and operations of the traffic and parking violations agency. The
4 report shall be provided to the governor, the temporary president of the
5 senate, the speaker of the assembly, the Westchester county executive,
6 the legislature of the county of Westchester, the presiding judge of the
7 Westchester county district court and the Westchester county district
8 attorney.
9 § 18. This act shall take effect on the one hundred eightieth day
10 after it shall have become a law and shall expire five years after such
11 effective date when upon such date the provisions of this act shall be
12 deemed repealed; provided however the amendments made by sections seven,
13 seven-a, eight, eight-a, nine, ten, eleven and twelve of this act shall
14 take effect only in the event that the county of Westchester shall have
15 by local law established a traffic and parking violations agency;
16 provided that the legislature of the county of Westchester shall notify
17 the legislative bill drafting commission upon the occurrence of the
18 enactment of the legislation provided for in sections seven, seven-a,
19 eight, eight-a, nine, ten, eleven and twelve of this act in order that
20 the commission may maintain an accurate and timely effective data base
21 of the official text of the laws of the state of New York in furtherance
22 of effectuating the provisions of section 44 of the legislative law and
23 section 70-b of the public officers law; and provided further that any
24 rules necessary for the implementation of this act on its effective date
25 shall be promulgated on or before such effective date, provided that:
26 (a) the amendments to subparagraph (i) of paragraph a of subdivision
27 5-a of section 401 of the vehicle and traffic law made by section one of
28 this act shall not affect the expiration of such paragraph and shall be
29 deemed to expire therewith, when upon such date the provisions of
30 section one-a of this act shall take effect;
31 (b) the amendments to paragraph a of subdivision 5-a of section 401 of
32 the vehicle and traffic law made by section one-a of this act shall not
33 affect the expiration of such paragraph and shall be deemed to expire
34 therewith, when upon such date the provisions of section one-b of this
35 act shall take effect;
36 (c) the amendments to paragraph a of subdivision 5-a of section 401 of
37 the vehicle and traffic law made by section one-b of this act shall not
38 affect the expiration of such paragraph and shall be deemed to expire
39 therewith, when upon such date the provisions of section one-c of this
40 act shall take effect;
41 (d) the amendments to paragraph a of subdivision 5-a of section 401 of
42 the vehicle and traffic law made by section one-c of this act shall not
43 affect the expiration of such paragraph and shall be deemed to expire
44 therewith, when upon such date the provisions of section one-d of this
45 act shall take effect;
46 (e) the amendments to paragraph a of subdivision 5-a of section 401 of
47 the vehicle and traffic law made by section one-d of this act shall not
48 affect the expiration of such paragraph and shall be deemed to expire
49 therewith, when upon such date the provisions of section one-e of this
50 act shall take effect;
51 (f) the amendments to paragraph a of subdivision 5-a of section 401 of
52 the vehicle and traffic law made by section one-e of this act shall not
53 affect the expiration of such paragraph and shall be deemed to expire
54 therewith, when upon such date the provisions of section one-f of this
55 act shall take effect;
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1 (f-1) the amendments to paragraph a of subdivision 5-a of section 401
2 of the vehicle and traffic law made by section one-f of this act shall
3 not affect the expiration of such paragraph and shall be deemed to
4 expire therewith, when upon such date the provisions of section one-g of
5 this act shall take effect;
6 (g) the amendments to subdivision 1 of section 1809 of the vehicle and
7 traffic law made by section three of this act shall not affect the expi-
8 ration of such subdivision and shall be deemed to expire therewith, when
9 upon such date the provisions of section three-a of this act shall take
10 effect;
11 (h) the amendments to subdivision 1 of section 1809 of the vehicle and
12 traffic law made by section three-a of this act shall not affect the
13 expiration of such subdivision and shall be deemed to expire therewith,
14 when upon such date the provisions of section three-b of this act shall
15 take effect;
16 (i) the amendments to subdivision 1 of section 1809 of the vehicle and
17 traffic law made by section three-b of this act shall not affect the
18 expiration of such subdivision and shall be deemed to expire therewith,
19 when upon such date the provisions of section three-c of this act shall
20 take effect;
21 (j) the amendments to subdivision 1 of section 1809 of the vehicle and
22 traffic law made by section three-c of this act shall not affect the
23 expiration of such subdivision and shall be deemed to expire therewith,
24 when upon such date the provisions of section three-d of this act shall
25 take effect;
26 (k) the amendments to subdivision 1 of section 1809 of the vehicle and
27 traffic law made by section three-d of this act shall not affect the
28 expiration of such subdivision and shall be deemed to expire therewith,
29 when upon such date the provisions of section three-e of this act shall
30 take effect;
31 (l) the amendments to subdivision 1 of section 1809 of the vehicle and
32 traffic law made by section three-e of this act shall not affect the
33 expiration of such subdivision and shall be deemed to expire therewith,
34 when upon such date the provisions of section three-f of this act shall
35 take effect;
36 (m) the amendments to subdivision 1 of section 1809 of the vehicle and
37 traffic law made by section three-f of this act shall not affect the
38 expiration of such subdivision and shall be deemed to expire therewith,
39 when upon such date the provisions of section three-g of this act shall
40 take effect;
41 (n) the amendments to paragraph a of subdivision 1 of section 1809-e
42 of the vehicle and traffic law made by section four of this act shall
43 not affect the expiration of such paragraph and shall be deemed to
44 expire therewith, when upon such date the provisions of section four-a
45 of this act shall take effect;
46 (o) the amendments to paragraph a of subdivision 1 of section 1809-e
47 of the vehicle and traffic law made by section four-a of this act shall
48 not affect the expiration of such paragraph and shall be deemed to
49 expire therewith, when upon such date the provisions of section four-b
50 of this act shall take effect;
51 (p) the amendments to paragraph a of subdivision 1 of section 1809-e
52 of the vehicle and traffic law made by section four-b of this act shall
53 not affect the expiration of such paragraph and shall be deemed to
54 expire therewith, when upon such date the provisions of section four-c
55 of this act shall take effect;
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1 (q) the amendments to paragraph a of subdivision 1 of section 1809-e
2 of the vehicle and traffic law made by section four-c of this act shall
3 not affect the expiration of such paragraph and shall be deemed to
4 expire therewith, when upon such date the provisions of section four-d
5 of this act shall take effect;
6 (r) the amendments to paragraph a of subdivision 1 of section 1809-e
7 of the vehicle and traffic law made by section four-d of this act shall
8 not affect the expiration of such paragraph and shall be deemed to
9 expire therewith, when upon such date the provisions of section four-e
10 of this act shall take effect;
11 (s) the amendments to paragraph a of subdivision 1 of section 1809-e
12 of the vehicle and traffic law made by section four-e of this act shall
13 not affect the expiration of such paragraph and shall be deemed to
14 expire therewith, when upon such date the provisions of section four-f
15 of this act shall take effect;
16 (t) the amendments to subdivisions 2 and 3 of section 371 of the
17 general municipal law made by section eight of this act shall not affect
18 the expiration of such subdivisions and shall be deemed to expire there-
19 with, when upon such date the provisions of section eight-a of this act
20 shall take effect;
21 (t-1) the amendments to subdivisions 2 and 3 of section 371 of the
22 general municipal law made by section eight-a of this act and the amend-
23 ments to subdivision 4 of section 371 of the general municipal law made
24 by section eight-b of this act shall not affect the expiration of such
25 subdivisions and shall be deemed to expire therewith, when upon such
26 date the provisions of section eight-c of this act shall take effect;
27 (t-2) the amendments to section 371 of the general municipal law by
28 section eight-c of this act shall not affect the expiration of such
29 section and shall be deemed to expire therewith, when upon such date the
30 provisions of section eight-d of this act shall take effect;
31 (t-3) the amendments to section 371 of the general municipal law made
32 by section eight-d of this act shall not affect the expiration of such
33 section and shall be deemed to expire therewith, when upon such date the
34 provisions of section eight-e of this act shall take effect;
35 (t-4) the amendments to section 371 of the general municipal law made
36 by section eight-e of this act shall not affect the expiration of such
37 section and shall be deemed to expire therewith, when upon such date the
38 provisions of section eight-f of this act shall take effect;
39 (u) the amendments to subdivision 3 of section 99-a of the state
40 finance law made by section thirteen of this act shall not affect the
41 expiration of such subdivision and shall be deemed to expire therewith,
42 when upon such date the provisions of section thirteen-a of this act
43 shall take effect; and
44 (v) the amendments to subdivision 2 of section 99-l of the general
45 municipal law made by section fourteen of this act shall not affect the
46 expiration of such subdivision and shall be deemed to expire therewith,
47 when upon such date the provisions of section fourteen-a of this act
48 shall take effect.