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A07652 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7652                      Revised 2/15/2024
 
SPONSOR: Steck
  TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing a school speed zone camera demonstration program in the city of Schenectady; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: To allow the city of Schenectady to establish a school speed school zone camera demonstration program.   SUMMARY OF PROVISIONS: Section 1 adds a new section 1180-e to the vehicle and traffic law with the following provisions: Subsection (a) contains the relevant defi- nitions. Subsection (b) authorizes the city of Schenectady to create a school speed zone camera demonstration program for nine school speed zones. Subsection (c) sets forth the program requirements for the speed camera demonstration program, including (1) a requirement that the system pass a self-test every day, (2) warning signs of the camera use are installed, (3) speed camera operators have been duly trained and main- tain a daily log, and (4) the cameras undergo annual calibrations, images are for the sole use of enforcement, with limited exceptions requiring a court-order. Subsection (d) sets a maximum fine of $50 plus up to $25 failure to respond in a timely manner, and sets forth several affirmative defenses if the operator was convicted of the underlying offense, the vehicle or the license plate was stolen, the owner was not operating the vehicle, the vehicle was leased to a third-party, or the camera was malfunction- ing. A fine based on the speed cameras will not be considered a speeding conviction. Subsection (e) specifies the procedure for enforcement, including the contents and service of a notice of liability, the enforcement by either an administrative tribunal or the city court, the hearing requirements, and provisions for a default judgment. Subsection (f) requires the city to provide a detailed annual report regarding the operation of the speed cameras. Section 2 provides for an immediate effective date and a term of three years for the demonstration project, provided, however, that the demon- stration project shall be automatically suspended in the event the annu- al report is not filed in a timely manner.   JUSTIFICATION: Speeding in the city of Schenectady, combined with a law an already overburdened police department, has created a law enforcement challenge and safety concerns..   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to state.   EFFECTIVE DATE: provides for an immediate effective date and a term of three years for the demonstration project, provided, however, that the demonstration project shall be automatically suspended in the event the annual report is not filed in a timely manner.
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