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A00951 Summary:

BILL NOA00951
 
SAME ASSAME AS S00231
 
SPONSORPeoples-Stokes (MS)
 
COSPNSRArroyo, Cook, Colton, Carroll, Fernandez, Dinowitz, Barron, Gottfried
 
MLTSPNSRGalef, Thiele
 
Amd 235, 236, 237, 239, 240, 241, 1809, 1809-e & 401, add 1180-d, V & T L; amd 87, Pub Off L
 
Establishes in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices.
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A00951 Floor Votes:

DATE:03/19/2019Assembly Vote  YEA/NAY: 105/42
AbbateYCrespoYGanttERLiPetriNOPerryYSimonY
AbinantiNOCrouchNOGarbarinoNOLupardoYPheffer AmatoYSimotasY
ArroyoERCruzYGiglioYMagnarelliYPichardoYSmithNO
AshbyNOCusickNOGlickYMalliotakisNOPretlowYSmullenNO
AubryYCymbrowitzYGoodellNOManktelowNOQuartYSolagesNO
BarclayNODavilaYGottfriedYMcDonaldYRaNOStecNO
BarnwellYDe La RosaYGriffinNOMcDonoughNORaiaNOSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternNO
BarronYDeStefanoNOHawleyNOMikulinNORaynorYStirpeY
BenedettoYDickensYHevesiYMill B NOReillyNOTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLYRichardsonYThieleY
BlankenbushNODiPietroNOJacobsonYMontesanoNORiveraYTitusY
BrabenecNOD'UrsoYJaffeeYMorinelloYRodriguezYVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerYNorrisYRozicYWalshNO
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinY
ByrneYFernandezYKolbNOOrtizYSalkaNOWeprinY
ByrnesNOFinchNOLalorNOOtisYSantabarbaraYWilliamsY
CahillNOFitzpatrickNOLavineYPalmesanoNOSayeghYWoernerY
CarrollYFriendNOLawrenceNOPalumboNOSchimmingerYWrightY
ColtonYFrontusERLentolYPaulinYSchmittNOZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

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A00951 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A951
 
SPONSOR: Peoples-Stokes (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow the city of Buffalo to implement a pilot program for a speed violation camera monitoring system in school speed zones.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 235 of the vehicle and traffic law to include the ability to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accord- ance with said chapter.Section 2 amends subdivision 1 of section 236 of the vehicle and traffic law, as amended by section 2 of part II of chap- ter 59 of the laws of 2010 to include the ability to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accord- ance with said chapter.Section 3 amends subdivi- sion 12 of section 237 of the vehicle and traf- fic law to include the ability to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accord- ance with said chap- ter.Section 4 amends paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of part II of chapter 59 of the laws of 2010 to include notice of liability issued pursuant to section eleven hundred eighty- b of this chapter to the definition of "notice of violation".Section 5 amends paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by section 6 of part II of chap- ter 59 of the laws of 2010 to include 'an allegation of liability in accordance with section eleven hundred eighty-d of this chapter' to the list of allegations held before the hearing examiner, and that said hearing will be recorded. Section 6 amends subdivisions 1 and 2 of section 241 of the vehicle and traffic law to add 'record of or allegations of liability in accordance with section eleven hundred eighty-d of this chapter' to the procedures surrounding determination of charges. Section 7 amends the vehicle and traffic law to add section eleven hundred eighty-d. This authorizes the City of Buffalo to establish a demonstration program imposing monetary liability on the owners of motor vehicles found to be in violation of the maximum school speed limit in Buffalo through the use of a speed limit photo device which combines speed sensing technology which deter- mines the speed of a vehicle and captures/records that data by photo- graphic, micro-graphic, video tape or other recording system and produc- es an image of a motor vehicle at the moment that it exceeds the speed limit. Buffalo will be authorized to operate cameras in no more than twenty school zones at any one time during any year of the program. Such speed limit photo devices may be stationary or mobile and shall be acti- vated at locations selected by such city.Section 8 amends the opening paragraph and paragraph (c) of subdivision 1 section 1809 of the vehicle and traffic law to add an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter' to the exemptions in the opening paragraph and paragraph (c) of subdivi- sion 1 of section 1809 of the vehicle and traffic law.Section 9 amends paragraph a of subdivision 1 of section 1809-e of the vehicle and traf- fic law to an 'adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter' to the exemptions to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law.Section 13 amends Subdivision 2 of section 87 of the public officers law by adding paragraph (p)authorizing photo- graphs, microphotographs, vide- otape or other recorded images prepared under the authority of section eleven hundred eighty-d of the vehicle and traffic law. Section 14 states that the purchase or lease of equip- ment for a demonstration program pursuant to section 1180-d of the vehi- cle and traffic law shall be subject to the provisions of section 103 of the general municipal law.Section 15 is the enacting clause.   JUSTIFICATION: Speeding motorists are a pervasive problem in some areas of the City of Buffalo. Speed violations are often a significant factor in accidents, which may result in death or injury to motorists and pedestrians. Speed- ing motorists are especially an issue in school zones, where children and families are vulnerable to distracted, speeding drivers. According to Safe Kids Worldwide, in the.United States there has been a 13% increase in the pedestrian death rate for 12-19 year olds since 2013.Under the present provisions of law, a police officer must be pres- ent at the scene of a speeding violation to observe the violation and serve the operator of the vehicle with a summons. There are of course not a suffi- cient number of police officers to observe every speeding violation. In fact, a motorist can rely on the odds that a speeding violation will not be detected. Therefore, the purpose of this legis- lation is to develop a system which will supplement the police effort by using recent technology to record speeding violations on film or other recording devices. The program will operate in the same manner as the Red Light Camera Program, which has successfully reduced the incidence of red light violations in other parts of New York, ultimately prevent- ing accidents and saving lives.Technology presently exists which will photographically capture vehicles which exceed the maximum speed limit without the presence of a police officer. This technology combines speed sensing technology that deter- mines the speed of a vehicle and captures/records that data by photo- graphic, micrographic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit. This image can then be used as evidence in a proceeding to impose liability on the owner of the vehicle for the speeding violation.The enactment of this legislation will give the City of Buffalo a great- er ability to enforce appropriate speeds through school zones, hopefully saving lives in the process.   PRIOR LEGISLATIVE HISTORY: 2018: A10810   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State. To be determined fiscal impact to the city of Buffalo.   EFFECTIVE DATE: 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 date.
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