Amd §§401, 1809 & 1809-e, add §1111-f, V & T L; amd §87, Pub Off L; amd §§370, 370-a & 99-l, add §371-a, Gen
Muni L; amd §99-a, St Fin L; amd §39, Judy 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11149
SPONSOR: Rules (Pretlow) TITLE OF BILL: An act to amend the vehicle and traffic law, the
public officers law, the general municipal law, the state finance law,
and the judiciary law, in relation 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; and providing for the
repeal of such provisions upon expiration thereof
PURPOSE OF THE BILL:
This bill would establish traffic and parking violations agency in the
County of Westchester
JUSTIFICATION:
Red light runners pose a threat to the safety of other vehicles and
pedestrians, cameras are a surefire way of nabbing and preventing acci-
dents. There has been an increase in drag racing and accidents in the
county of Westchester; Public Safety is a top priority and prevented
measures are the only way to eliminate this.
PRIOR LEGISLATIVE HISTORY:
New Legislation
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Westchester county district court and the Westchester county district
attorney.
§ 16. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation of
this act on its effective date shall be promulgated on or before such
effective date, provided that:(a) the amendments to subparagraph (i) of
paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
law made by section one of this act shall not affect the expiration of
such paragraph and shall be deemed to expire therewith, when upon such
date the provisions of section one-a of this act shall take effect; (b)
the amendments to paragraph a of subdivision 5-a of section 401 of the
vehicle and traffic law made by section one-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section one-b of this
act shall take effect; (c) the amendments to paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section one-b
of this act shall not affect the expiration of such paragraph and shall
be deemed to expire therewith, when upon such date the provisions of
section one-c of this act shall take effect;(d) the amendments to para-
graph a of subdivision 5-a of section 401 of the vehicle and traffic law
made by section one-c of this act shall not affect the expiration of
such paragraph and shall be deemed to expire therewith, when upon such
date the provisions of section one-d of this act shall take effect;
06/08/18 47 16249-01-8 (e) the amendments to paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section one-d
of this act shall not affect the expiration of such paragraph and shall
be deemed to expire therewith, when upon such date the provisions of
section one-e of this act shall take effect; (f) the amendments to para-
graph a of subdivision 5-a of section 401 of the vehicle and traffic law
made by section one-e of this act shall not affect the expiration of
such paragraph and shall be deemed to expire therewith, when upon such
date the provisions of section one-f of this act shall take effect;
(f-1) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one-f of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section one-g of this
act shall take effect; (g) the amendments to subdivision 1 of section
1809 of the vehicle and traffic law made by section three of this act
shall not affect the expiration of such subdivision and shall be deemed
to expire therewith, when upon such date the provisions of section
three-a of this act shall take effect; (h) the amendments to subdivision
1 of section 1809 of the vehicle and traffic law made by section three-a
of this act shall not affect the expiration of such subdivision and
shall be deemed to expire there with when upon such date the provisions
of section three-b of this act shall take effect; (i) the amendments to
subdivision 1 of section 1809 of the vehicle and traffic law made by
section three-b of this act shall not affect the 28 expiration of such
subdivision and shall be deemed to expire therewith, 06/08/18 48 16249-
01-8 when upon such date the provisions of section three-c of this act
shall take effect; (j) the amendments to subdivision 1 of section 1809
of the vehicle and traffic law made by section three-c of this act shall
not affect the expiration of such subdivision and shall be deemed to
expire therewith, when upon such date the provisions of section three-d
of this act shall take effect; (k) the amendments to subdivision 1 of
section 1809 of the vehicle and traffic law made by section three-d of
this act shall not affect the expiration of such subdivision and shall
be deemed to expire therewith, when upon such date the provisions of
section three-e of this act shall take effect; (I) the amendments to
subdivision 1 of section 1809 of the vehicle and traffic law made by
section three-e of this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith, when upon such date
the provisions of section three-f of this act shall take effect; (m) the
amendments to subdivision 1 of section 1809 of the vehicle and traffic
law made by section three-f of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith, when upon
such date the provisions of section three-g of this act shall take
effect; (n) the amendments to paragraph a of subdivision 1 of section
1809-e of the vehicle and traffic law made by section four of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section four-a
of this act shall take effect; 06/08/18 49 16249-01-8 (o) the amendments
to paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law made by section four-a of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith,
when upon such date the provisions of section four-b of this act shall
take effect;(p) the amendments to paragraph a of subdivision 1 of
section 1809-e of the vehicle and traffic law made by section four-b of
this act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section four-c of this act shall take effect;(q) the amendments to para-
graph a of subdivision 1 of section 1809-e of the vehicle and traffic
law made by section four-c of this act shall not affect the expiration
of such paragraph and shall be deemed to expire therewith, when upon
such date the provisions of section four-d of this act shall take
effect; (r) the amendments to paragraph a of subdivision 1 of section
1809-e of the vehicle and traffic law made by section four-d of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section four-e
of this act shall take effect; (s) the amendments to paragraph a of
subdivision 1 of section 1809-e of the vehicle and traffic law made by
section four-e of this act shall not affect the expiration of such para-
graph and shall be deemed to expire therewith, when upon such date the
provisions of section four-f of this act shall take effect; and (t) the
amendments to subdivision 3 of section 99-a of the state finance law
made by section ten of this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith, when 06/08/18 50
16249-01-8 upon such date the provisions of section eleven of this act
shall take effect.
STATE OF NEW YORK
________________________________________________________________________
11149
IN ASSEMBLY
June 11, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, the public officers law,
the general municipal law, the state finance law, and the judiciary
law, in relation 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; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 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.
LBD16249-01-8
A. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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. 11149 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 and a new subdi-
52 vision 2-b is added to read as 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. 11149 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 2-b. "Traffic prosecutor" shall also mean an attorney duly admitted to
5 practice law in the state of New York who has the responsibility of
6 prosecuting any traffic infractions returnable before any of the local
7 courts in Westchester county having jurisdiction over parking and traf-
8 fic infractions which occur on roads or property owned by, or under the
9 control of Westchester county pursuant to the jurisdictional limitations
10 of section three hundred seventy-one-a of this article.
11 § 8. The general municipal law is amended by adding a new section
12 371-a to read as follows:
13 § 371-a. Jurisdiction and procedure; Westchester county. 1. The West-
14 chester county traffic and parking violations agency, as established
15 under subdivision six of section three hundred seventy of this article,
16 may be authorized to dispose of violations of traffic laws, ordinances,
17 rules and regulations when such offense shall not constitute the traffic
18 infraction known as speeding or a misdemeanor or felony, and, if author-
19 ized by local law, to adjudicate the liability of owners for violations
20 of subdivision (d) of section eleven hundred eleven of the vehicle and
21 traffic law in accordance with section eleven hundred eleven-f of such
22 law. The Westchester county traffic and parking violations agency may
23 also be authorized to assist the local courts in Westchester county
24 having jurisdiction over parking and traffic infractions which occur on
25 roads or property owned by, or under the control of Westchester county,
26 in the disposition and administration of infractions of traffic and
27 parking laws, ordinances, rules and regulations and the liability of
28 owners for violations of subdivision (d) of section eleven hundred elev-
29 en of the vehicle and traffic law in accordance with section eleven
30 hundred eleven-f of such law, except that such agencies shall not have
31 jurisdiction over (a) the traffic infraction defined under subdivision
32 one of section eleven hundred ninety-two of the vehicle and traffic law;
33 (b) the traffic infraction defined under subdivision five of section
34 eleven hundred ninety-two of the vehicle and traffic law; (c) the
35 violation defined under paragraph (b) of subdivision four of section
36 fourteen-f of the transportation law and the violation defined under
37 clause (b) of subparagraph (iii) of paragraph c of subdivision two of
38 section one hundred forty of the transportation law; (d) the traffic
39 infraction defined under section three hundred ninety-seven-a of the
40 vehicle and traffic law and the traffic infraction defined under subdi-
41 vision (g) of section eleven hundred eighty of the vehicle and traffic
42 law; (e) any misdemeanor or felony; or (f) any offense that is part of
43 the same criminal transaction, as that term is defined in subdivision
44 two of section 40.10 of the criminal procedure law, as a violation of
45 subdivision one of section eleven hundred ninety-two of the vehicle and
46 traffic law, a violation of subdivision five of section eleven hundred
47 ninety-two of the vehicle and traffic law, a violation of paragraph (b)
48 of subdivision four of section fourteen-f of the transportation law, a
49 violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-
50 sion two of section one hundred forty of the transportation law, a
51 violation of section three hundred ninety-seven-a of the vehicle and
52 traffic law, a violation of subdivision (g) of section eleven hundred
53 eighty of the vehicle and traffic law or any misdemeanor or felony.
54 2. A person charged with an infraction which shall be disposed of by
55 the Westchester county traffic and parking violations agency may be
56 permitted to answer, within a specified time, at the traffic and
A. 11149 20
1 violations agency either in person or by written power of attorney in
2 such form as may be prescribed in the local law creating the agency, by
3 paying a prescribed fine and, in writing, waiving a hearing in court,
4 pleading guilty to the charge or admitting liability as an owner for the
5 violation of subdivision (d) of section eleven hundred eleven of the
6 vehicle and traffic law, as the case may be, and authorizing the person
7 in charge of the agency to enter such a plea or admission and accept
8 payment of said fine. Acceptance of the prescribed fine and power of
9 attorney by the agency shall be deemed complete satisfaction for the
10 violation or of the liability, and the violator or owner liable for a
11 violation of subdivision (d) of section eleven hundred eleven of the
12 vehicle and traffic law shall be given a receipt which so states. If a
13 person charged with a traffic violation does not answer as hereinbefore
14 prescribed, within a designated time, the agency may cause a complaint
15 to be entered against him forthwith and a warrant to be issued for his
16 arrest and appearance before the court having jurisdiction over the
17 traffic infraction, such summons to be predicated upon the personal
18 service of said summons upon the person charged with the infraction. Any
19 person who shall have been, within the preceding twelve months, guilty
20 of a number of parking violations in excess of such maximum number as
21 may be designated by the court, or of three or more violations other
22 than parking violations, shall not be permitted to appear and answer to
23 a subsequent violation at the traffic and parking violations agency, but
24 must appear in court at a time specified by the agency. Such agency
25 shall not be authorized to deprive a person of his right to counsel or
26 to prevent him from exercising his right to appear in court to answer
27 to, explain, or defend any charge of a violation of any traffic law,
28 ordinance, rule or regulation.
29 3. Notwithstanding any inconsistent provision of law, fines, penalties
30 and forfeitures collected by the Westchester county traffic and parking
31 violations agency shall be distributed as provided in section eighteen
32 hundred three of the vehicle and traffic law. All fines, penalties and
33 forfeitures for violations adjudicated by the Westchester county traffic
34 and parking violations agency pursuant to subdivision one of this
35 section, with the exception of parking violations shall be paid by such
36 agency to the state comptroller within the first ten days of the month
37 following collection. Each such payment shall be accompanied by a true
38 and complete report in such form and detail as the comptroller shall
39 prescribe.
40 § 9. Section 99-l of the general municipal law is amended by adding a
41 new subdivision 3 to read as follows:
42 3. The county of Westchester shall be entitled to receive the amounts
43 set forth in subdivision one of this section for the services of the
44 Westchester county traffic and parking violations agency and for all
45 other services instituted and triable in and by such agency wherein a
46 fine is imposed, a surcharge of ten dollars.
47 § 10. Subdivision 3 of section 99-a of the state finance law, as
48 amended by section 4 of part I of chapter 58 of the laws of 2018, is
49 amended to read as follows:
50 3. The comptroller is hereby authorized to implement alternative
51 procedures, including guidelines in conjunction therewith, relating to
52 the remittance of fines, penalties, forfeitures and other moneys by town
53 and village justice courts, and by the Nassau [and], Suffolk and West-
54 chester counties traffic and parking violations agencies, and by the
55 city of Buffalo traffic violations agency, and by the city of Rochester
56 traffic violations agency, to the justice court fund and for the
A. 11149 21
1 distribution of such moneys by the justice court fund. Notwithstanding
2 any law to the contrary, the alternative procedures utilized may
3 include:
4 a. electronic funds transfer;
5 b. remittance of funds by the justice court to the chief fiscal office
6 of the town or village, or, in the case of the Nassau [and], Suffolk and
7 Westchester counties traffic and parking violations agencies, to the
8 county treasurer, or, in the case of the Buffalo traffic violations
9 agency, to the city of Buffalo comptroller, or in the case of the
10 Rochester traffic violations agency, to the city of Rochester treasurer
11 for distribution in accordance with instructions by the comptroller;
12 and/or
13 c. monthly, rather than quarterly, distribution of funds.
14 The comptroller may require such reporting and record keeping as he or
15 she deems necessary to ensure the proper distribution of moneys in
16 accordance with applicable laws. A justice court or the Nassau [and],
17 Suffolk and Westchester counties traffic and parking violations agencies
18 or the city of Buffalo traffic violations agency or the city of Roches-
19 ter traffic violations agency may utilize these procedures only when
20 permitted by the comptroller, and such permission, once given, may
21 subsequently be withdrawn by the comptroller on due notice.
22 § 11. Subdivision 3 of section 99-a of the state finance law, as
23 amended by chapter 157 of the laws of 2017, is amended to read as
24 follows:
25 3. The comptroller is hereby authorized to implement alternative
26 procedures, including guidelines in conjunction therewith, relating to
27 the remittance of fines, penalties, forfeitures and other moneys by town
28 and village justice courts, and by the Nassau [and], Suffolk and West-
29 chester counties traffic and parking violations agencies, and by the
30 city of Buffalo traffic violations agency, and by the city of Rochester
31 traffic violations agency to the justice court fund and for the distrib-
32 ution of such moneys by the justice court fund. Notwithstanding any law
33 to the contrary, the alternative procedures utilized may include:
34 a. electronic funds transfer;
35 b. remittance of funds by the justice court to the chief fiscal office
36 of the town or village, or, in the case of the Nassau [and], Suffolk and
37 Westchester counties traffic and parking violations agencies, to the
38 county treasurer, or, in the case of the Buffalo traffic violations
39 agency, to the city of Buffalo comptroller, or in the case of the
40 Rochester traffic violations agency, to the city of Rochester treasurer,
41 for distribution in accordance with instructions by the comptroller;
42 and/or
43 c. monthly, rather than quarterly, distribution of funds.
44 The comptroller may require such reporting and record keeping as he or
45 she deems necessary to ensure the proper distribution of moneys in
46 accordance with applicable laws. A justice court or the Nassau [and],
47 Suffolk and Westchester counties traffic and parking violations agencies
48 or the city of Buffalo traffic violations agency or the city of Roches-
49 ter traffic violations agency may utilize these procedures only when
50 permitted by the comptroller, and such permission, once given, may
51 subsequently be withdrawn by the comptroller on due notice.
52 § 12. Paragraph (e) of subdivision 2 of section 39 of the judiciary
53 law, as amended by section 4 of part K of chapter 56 of the laws of
54 2010, is amended to read as follows:
55 (e) All fees collected pursuant to sections eighteen hundred three,
56 eighteen hundred three-A and nineteen hundred eleven of the New York
A. 11149 22
1 city civil court act, all fees collected pursuant to state law by the
2 county clerks in the city of New York, except as otherwise provided
3 herein with respect to fees collected pursuant to subdivision (a) of
4 section eight thousand eighteen of the civil practice law and rules and
5 except those fees collected by the clerk of Richmond county which in the
6 other counties of the city of New York are collected by the city regis-
7 ters, all fees collected pursuant to section eight thousand eighteen of
8 the civil practice law and rules except only to the extent of one
9 hundred sixty-five dollars of any fee collected pursuant to subparagraph
10 (i) of paragraph one of subdivision (a) of such section and except for
11 those collected pursuant to subparagraph (ii) of paragraph one [of para-
12 graph three] of such subdivision (a), all fees collected pursuant to
13 section eight thousand twenty of the civil practice law and rules except
14 for those collected pursuant to subdivisions (f), (g) and (h) of said
15 section, all fees collected pursuant to section eight thousand twenty-
16 two of the civil practice law and rules, all fees collected pursuant to
17 section twenty-four hundred two of the surrogate's court procedure act,
18 all fees collected pursuant to section eighteen hundred three, eighteen
19 hundred three-A and subdivision (a) of section nineteen hundred eleven
20 of the uniform district court act, all fees collected pursuant to
21 section eighteen hundred three, eighteen hundred three-A and subdivision
22 (a) of section nineteen hundred eleven of the uniform city court act and
23 all fines, penalties and forfeitures collected pursuant to subdivision
24 eight of section eighteen hundred three of the vehicle and traffic law,
25 except such fines, penalties and forfeitures collected by the Nassau
26 county and Westchester county traffic and parking violations [agency]
27 agencies, section 71-0211 of the environmental conservation law, section
28 two hundred one of the navigation law and subdivision one of section
29 27.13 of the parks, recreation and historic preservation law shall be
30 paid to the state commissioner of taxation and finance on a monthly
31 basis no later than ten days after the last day of each month. The
32 additional fee of five dollars collected by county clerks in New York
33 city pursuant to paragraph three of subdivision (a) of section eight
34 thousand eighteen of the civil practice law and rules shall be distrib-
35 uted monthly by the county clerks as follows: four dollars and seventy-
36 five cents to the commissioner of education for deposit into the local
37 government records management improvement funds; and twenty-five cents
38 to the city of New York.
39 § 13. The purchase or lease of equipment for a demonstration program
40 established pursuant to section 1111-f of the vehicle and traffic law
41 shall be subject to the provisions of section 103 of the general munici-
42 pal law.
43 § 14. Notwithstanding any provision of law to the contrary no non-ju-
44 dicial employee of any local court located in the county of Westchester
45 shall suffer a diminution of salary, employment status or rights solely
46 by operation of this act provided that nothing herein shall limit the
47 legal authority of the chief administrator of the courts to supervise
48 the administration and operation of the unified court system.
49 § 15. The administrative judge of Westchester county shall issue on an
50 annual basis, beginning eighteen months following the creation of the
51 Westchester county traffic and parking violations agency pursuant to
52 Westchester county local law, a report detailing the progress, develop-
53 ment and operations of the traffic and parking violations agency. The
54 report shall be provided to the governor, the temporary president of the
55 senate, the speaker of the assembly, the Westchester county executive,
56 the legislature of the county of Westchester, the presiding judge of the
A. 11149 23
1 Westchester county district court and the Westchester county district
2 attorney.
3 § 16. This act shall take effect on the thirtieth day after it shall
4 have become a law and shall expire 5 years after such effective date
5 when upon such date the provisions of this act shall be deemed repealed;
6 and provided further that any rules necessary for the implementation of
7 this act on its effective date shall be promulgated on or before such
8 effective date, provided that:
9 (a) the amendments to subparagraph (i) of paragraph a of subdivision
10 5-a of section 401 of the vehicle and traffic law made by section one of
11 this act shall not affect the expiration of such paragraph and shall be
12 deemed to expire therewith, when upon such date the provisions of
13 section one-a of this act shall take effect;
14 (b) the amendments to paragraph a of subdivision 5-a of section 401 of
15 the vehicle and traffic law made by section one-a of this act shall not
16 affect the expiration of such paragraph and shall be deemed to expire
17 therewith, when upon such date the provisions of section one-b of this
18 act shall take effect;
19 (c) the amendments to paragraph a of subdivision 5-a of section 401 of
20 the vehicle and traffic law made by section one-b of this act shall not
21 affect the expiration of such paragraph and shall be deemed to expire
22 therewith, when upon such date the provisions of section one-c of this
23 act shall take effect;
24 (d) the amendments to paragraph a of subdivision 5-a of section 401 of
25 the vehicle and traffic law made by section one-c of this act shall not
26 affect the expiration of such paragraph and shall be deemed to expire
27 therewith, when upon such date the provisions of section one-d of this
28 act shall take effect;
29 (e) the amendments to paragraph a of subdivision 5-a of section 401 of
30 the vehicle and traffic law made by section one-d of this act shall not
31 affect the expiration of such paragraph and shall be deemed to expire
32 therewith, when upon such date the provisions of section one-e of this
33 act shall take effect;
34 (f) the amendments to paragraph a of subdivision 5-a of section 401 of
35 the vehicle and traffic law made by section one-e of this act shall not
36 affect the expiration of such paragraph and shall be deemed to expire
37 therewith, when upon such date the provisions of section one-f of this
38 act shall take effect;
39 (f-1) the amendments to paragraph a of subdivision 5-a of section 401
40 of the vehicle and traffic law made by section one-f of this act shall
41 not affect the expiration of such paragraph and shall be deemed to
42 expire therewith, when upon such date the provisions of section one-g of
43 this act shall take effect;
44 (g) the amendments to subdivision 1 of section 1809 of the vehicle and
45 traffic law made by section three of this act shall not affect the expi-
46 ration of such subdivision and shall be deemed to expire therewith, when
47 upon such date the provisions of section three-a of this act shall take
48 effect;
49 (h) the amendments to subdivision 1 of section 1809 of the vehicle and
50 traffic law made by section three-a of this act shall not affect the
51 expiration of such subdivision and shall be deemed to expire therewith,
52 when upon such date the provisions of section three-b of this act shall
53 take effect;
54 (i) the amendments to subdivision 1 of section 1809 of the vehicle and
55 traffic law made by section three-b of this act shall not affect the
56 expiration of such subdivision and shall be deemed to expire therewith,
A. 11149 24
1 when upon such date the provisions of section three-c of this act shall
2 take effect;
3 (j) the amendments to subdivision 1 of section 1809 of the vehicle and
4 traffic law made by section three-c of this act shall not affect the
5 expiration of such subdivision and shall be deemed to expire therewith,
6 when upon such date the provisions of section three-d of this act shall
7 take effect;
8 (k) the amendments to subdivision 1 of section 1809 of the vehicle and
9 traffic law made by section three-d of this act shall not affect the
10 expiration of such subdivision and shall be deemed to expire therewith,
11 when upon such date the provisions of section three-e of this act shall
12 take effect;
13 (l) the amendments to subdivision 1 of section 1809 of the vehicle and
14 traffic law made by section three-e of this act shall not affect the
15 expiration of such subdivision and shall be deemed to expire therewith,
16 when upon such date the provisions of section three-f of this act shall
17 take effect;
18 (m) the amendments to subdivision 1 of section 1809 of the vehicle and
19 traffic law made by section three-f of this act shall not affect the
20 expiration of such subdivision and shall be deemed to expire therewith,
21 when upon such date the provisions of section three-g of this act shall
22 take effect;
23 (n) the amendments to paragraph a of subdivision 1 of section 1809-e
24 of the vehicle and traffic law made by section four of this act shall
25 not affect the expiration of such paragraph and shall be deemed to
26 expire therewith, when upon such date the provisions of section four-a
27 of this act shall take effect;
28 (o) the amendments to paragraph a of subdivision 1 of section 1809-e
29 of the vehicle and traffic law made by section four-a of this act shall
30 not affect the expiration of such paragraph and shall be deemed to
31 expire therewith, when upon such date the provisions of section four-b
32 of this act shall take effect;
33 (p) the amendments to paragraph a of subdivision 1 of section 1809-e
34 of the vehicle and traffic law made by section four-b of this act shall
35 not affect the expiration of such paragraph and shall be deemed to
36 expire therewith, when upon such date the provisions of section four-c
37 of this act shall take effect;
38 (q) the amendments to paragraph a of subdivision 1 of section 1809-e
39 of the vehicle and traffic law made by section four-c of this act shall
40 not affect the expiration of such paragraph and shall be deemed to
41 expire therewith, when upon such date the provisions of section four-d
42 of this act shall take effect;
43 (r) the amendments to paragraph a of subdivision 1 of section 1809-e
44 of the vehicle and traffic law made by section four-d of this act shall
45 not affect the expiration of such paragraph and shall be deemed to
46 expire therewith, when upon such date the provisions of section four-e
47 of this act shall take effect;
48 (s) the amendments to paragraph a of subdivision 1 of section 1809-e
49 of the vehicle and traffic law made by section four-e of this act shall
50 not affect the expiration of such paragraph and shall be deemed to
51 expire therewith, when upon such date the provisions of section four-f
52 of this act shall take effect; and
53 (t) the amendments to subdivision 3 of section 99-a of the state
54 finance law made by section ten of this act shall not affect the expira-
55 tion of such subdivision and shall be deemed to expire therewith, when
A. 11149 25
1 upon such date the provisions of section eleven of this act shall take
2 effect.
