HOME RULE REQUEST RESOLUTION NO. - 2018 RESOLVED, that the Westchester County Board of Legislators approves the making of a Home Rule Request in the following format: To the Legislature: Pursuant to Article IX of the Constitution, the County of Westchester requests the enactment of Senate Bill No. 88976 I Assembly Bill No. A1 I 149 entitled ACT to amend the vehicle and traf?c law, the public of?cers law, the general municipal law, the state ?nance law, and the judiciary law, in relation to establishing the adjudication process and owner liability for failure of an operator to comply with traf?c-control indications and establishing a traf?c and parking violations agency in the county of Westchester; and providing for the repeal of such provisions upon expiration thereof? A necessity exists for the enactment of this legislation because the local government does not have the power to enact such legislation by local law. Dated: Co 2018 White Plains, New York 4154;? Gaunt-in; :1ng am fm ?mg/ia 6 COMMITTEE ON g" bi lC k5 New York Slate Assembly Bill Search and Legislative Information A11149 Summary; BILL N0 A11149 SAME AS SAME AS SPONSOR Pretlow Amd ??491, 1869 1869-e, add ?1111?f, amd 587, Pub Off amd ??370, 378-3 99-1, add ?371-a, Gen Muni amd ?99-a, St Fin amd 539, Judy 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 Nestchester. E- 6I11IZO1B New York State Assembly Bill Search and Legislative lnforrnat on STATE OF NEW YORK 11149 IN ASSEMBLY June 11, 2618 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 of paragraph a of subdivision 5-a of 2 section 491 of the vehicle and traffic law, as amended by section 3 of 3 chapter 222 of the laws of 2615, is amended to read as follows: 4 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: 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 26 eleven-d of this chapter for a violation of subdivision of section 21 eleven hundred eleven of this chapter; or 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 in italics (underscored) is new; matter in brackets is old law to be omitted. 3'25 New York Slate Assembly Bill Search and Leg:slalive Information A . 11149 2 or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision or of section eleven hundred eighty of this chapter[7]; or the registrant was liable in accordance with section eleven hundred eighty-c of this chapter for a violation of subdivision or of section eleven hundred eighty of this chapter; or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision of section eleven hundred eleven of this chapter; or (323) the registrant was liable in accordance 16 with section eleven hundred eleven-f of this chapter for a violation of 11 subdivision 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 26 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. 36 1-a. Paragraph a of subdivision 5-3 of section 461 of the vehicle 31 and traffic law, as amended by section 8-a of chapter 222 of the laws of 32 2615, 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, 46 issued within an eighteen month period, charging either that: 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 of section 48 eleven hundred eleven of this chapter; or the registrant was 49 liable in accordance with section eleven hundred eleven-c of this chap- 56 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 of section eleven hundred eleven of this chapter or the regis- 54 trant was liable in accordance with section eleven hundred eighty-b of 55 this chapter for a violation of subdivision or of 56 section eleven hundred eighty of this chapter; or the registrant was ENE 611112018 New York State Assembly Bill Search and Legislative Information A . 11149 3 liable in accordance with section eleven hundred eighty-c of this chap- ter for a violation of subdivision or of section eleven hundred eighty of this chapter; or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision of section eleven hundred eleven of this chapter; or (vii) the registrant was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivision 1g) of section eleven hundred eleven of this chapter, the commissioner or his or her agent shall deny the registration or renewal application 16 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 26 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 5 1-D. Paragraph a of subdivision 5-a of section 461 of the vehicle 27 and traffic law, as amended by section B-b of chapter 222 of the laws of 28 2615, is amended to read as follows: 29 a. If at the time of application for a registration or renewal thereof 36 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: 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 46 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 44 the registrant was liable in accordance with section eleven hundred 45 eleven-d of this chapter for a violation of subdivision 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 or of section eleven 49 hundred eighty of this chapter, or the registrant was liable in accord- 56 ance with section eleven hundred eighty-c of this chapter for a 51 violation of subdivision or of section eleven 52 hundred eighty of this chapter; or the registrant was liable in 53 accordance with section eleven hundred eleven-e of this chapter for a 54 violation of subdivision of section eleven hundred eleven of this 55 chapter; or (3i) the registrant was liable in accordance with sectig? 56 eleven hundred eleven-f of this chapter for a vioigiion of subdivision \Dm?mt?hWNH 6 6(1112018 New York Stale Assembly Bill Search and Legslative Informalion A . 11149 4 of section eleven hundred eleven of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal follow- ing entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same 18 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 461 of the vehicle 26 and traffic law, as amended by section 8-c of chapter 222 of the laws of 21 2615, 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: such motor vehicle was parked, stopped 38 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 of section eleven hundred eleven of this 37 chapter; or the registrant was liable in accordance with section 38 eleven hundred eighty-b of this chapter for violations of subdivision 39 or of section eleven hundred eighty of this chap- 48 ter, or the registrant was liable in accordance with section eleven 41 hundred eighty-c of this chapter for violations of subdivision 42 or 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 of section 45 eleven hundred eleven of this chapter; or the registrant was liable 46 in accordance with segtion eleven hundred eleven-f of this chapter for a 47 violation of subdivision of section eleven hundred eleven of this 48 the commissioner or his or her agent shall deny the registra- 49 tion or renewal application until the applicant provides proof from the 56 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 7&Sumn1ary=Y&Text=Y 5:26 6(1112013 New York State Assembly Bill Search and Leg slative Information 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 registrant fails to comply with the rules and regulations following 9 entry of a final decision. 16 1-d. Paragraph a of subdivision S-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 2615, 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 26 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 or 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 of 33 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 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 1g) 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 49 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 481 of the vehicle 54 and traffic law, as amended by section B-e of chapter 222 of the laws of 55 2615, is amended to read as follows: 6(11f2018 New York State Assembly Bill Search and Legislative Informal on A. 11149 6 a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis? trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- 16 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 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 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 26 violation of subdivision of section eleven hundred eleven of this 21 Eggpigg, 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 36 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 S-a of section 431 of the vehicle 46 and traffic law, as amended by section 8-f of chapter 222 of the laws of 41 2615, 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- 4S 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 of section eleven hundred eleven of this chapter, or the FIEE 6H1i'2018 New York State Assembly Bill Search and Legislative Information A . 11149 7 was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivigion of section eleven hundred eleven of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commission- er may, in his or her discretion, deny a registration or renewal appli- cation to any other person for the same vehicle and may deny a registra- tion or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivi- sion and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. 5 1-g. Paragraph a of subdivision 5-a of section 481 of the vehicle and traffic law, as separately amended by chapters 339 and 592 of the laws of 1987, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appro- priate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section elev- en hundred eleven-f of this chapter for a violation of subdivision (d1 of section eleven hundred eleven of this chapter, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wher- ein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. where an application is denied pursuant to this section, the commissioner may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle regis- tered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. ry=Y&Text=Y EJEE 6f11l2018 New York State Assembly Bill Search and Legislative Information A . 11149 8 2. The vehicle and traffic law is amended by adding a new section 1111-f to read as follows: 1111-f. Owner liability for faiiure of operator to compiy with traffic-control indications. 1. Notwithstanding any other provision of law, the county of Nestchester is hereby_?ythorized and empowered to and amend a iocal law or ordinance establishing a demonstration imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to compiy_with traffic-control indications in such county in accordance with the provisions of this section. Such 16 demonstration shall empower such county to install and operate 11 traffic-control signal photo vigiation?monitori?g 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 shall utilize necessary technoiggies to 15 ensure, to the extent practicgbig, that produced by such 16 traffic-control signal photo violation-monitoring systems shali not 17 include images that identify the driver, the passengers, or the contents 18 of the vehicle. Provided, however, that no notice of issued 19 pursuant to this section shaii be dismissed soigiy because a 26 or allow for the identification of the contents of a vehi? 21 gigi_provided that such county has made a reasonabie effort to comqiy 22 with the provisions of 23 1b) In any such county which has adopted a local law or ordinance 24 pursuant to subdivision of this section, the owner of a vehicle 25 53911 be liable for a penalty imposed pursuant to this section if such 26 yghicle was used or operated with the permission of the owner, express 27 or implied, in violation of subdivision of section eleven hundred 28 gieven of this article, and such violation is gyidenced by information 29 obtained from a traffic-control signal photo vigiation-monitorigg 36 gystem1_provided however that no owner of a vehicle shaii 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 subdiyision 33 id) of section eleven hundred eleven of this_?rticle. 34 15) For purposes of this section, "owner" shall have the meaning 35 provided in article two-B of this chapter. For pggposes of this sectig?h 36 "traffic?control shall mean a 37 vehicle sensor installed to work in conjunction with a traffic-control 38 gignal which automatically_produces two or more two or more 39 a videotape or other recorded images of each vehicle 46 at the time it is used or operated in violation of subdivision of 41 section eieven hundred eieven of this article. 42 A certificate, sworn to or affirmed by a technician emqigyed by 43 Nestchester county_in which the charged violation occurred, or a facsim- 44 ile thereof, based upon inspection of 45 videotape or other recorded images produced by a traffic-control 46 photo shall be qgima facie evidence of the 43 other recorded images evidencing such a vigiation shall be available for 49 i?gpection in any__proceeding to adjudicate the liability for such 56 violation pursuant to a iocal_l?w or ordinance adopted pursuant to this 51 section. 52 An owner liable for a violation of subdivision 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 scheduie of fines and to be set 56 forth in such locai law or ordinance. The liability of the owner pursu- 3'26 6!11!2018 New York State Assembly Bill Search and Legislative Information A. 11149 9 1 ant to this section shaii not exceed fifty doiiars for each violation; 2 however, that such local law or ordinance may_provide for an 3 additionai_penalty not in excess of twentv;five dollars for each 4 violation for the failure to respond to a notice of iiability within the 5 prescribed time period. 6 if) An imppgition 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 operatigg record of the person 9 whom such liability is imposed nor shall it be used for insurance 18 ppgposes in the provision of motor vehicle insurance coverage; 11 jg1_i. A notice of liability shaii be sent by first ciass maii to each 12 person alleged to be liable as an owner for a violation of subdivision 13 gg) of section eleven hundred eieven of this article pursuant to this 14 section. Personai delivery on the owner shaii not be required. A manual 15 or automatic record of in the ordinary course of busi- 16 ness shall be prima facie evidence of the facts contained therein. 17 2. A notice of iiability shaii contain the name and address of the 18 person alleged to be liable as an owner for a violation of subdivision 19 id) of section eleven hundred eleVEn of this article pursugnt to thig 20 section, the registration number of the vehigie involved in such 21 violation, the iocation where such violation took place, the date and 22 time of such violation and the identification number of the camera which 23 recorded the violgiion or other document_iocator 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 ngiice. Such notice of liability shall a150 27 contain a warning to advise the persons charged that failure to contest 28 in the manner and time provided shali be deemed an admission of liabil- 29 and that a default ipggment may be entered thereon. 30 4. The notice of liability shaii be and mailed by Nestchester 31 county or by any other entity authorized by such county to pggpare and 32 mgii such notification of vigiation. 33 Adjudication of the liability imposed upon owners by this section 34 shall be by the court having_jurisdiction over traffic infractions. 35 ?i1_if an owner receives a notice of to this 36 section for any time period duripg which the vehicie was reported to the 37 police department as having been stoigg, it shall be a valid defense to 38 an aliggation of liability for a violation of subdiyision of section 39 eleven hundred eleven of this article pursuant to this section that the 46 vehicle had been reported to the ppiice as stolen prior to the time the 41 yiolation occurred and had not been recovered by such time. For 42 ppgposes of asserting the defense provided by this subdivision it shall 43 be sufficient that a certified copy of the ppiice report on the stolen 44 vehicle be sent by first class maii to the court having_jurisdiction. 45 gj) An owner who_is a iessor of a vehicle to which a notice of liabil- 46 was issued pursuant to subdivision of this section shall not be 47 iiable for the violation of subdivision of section eieven 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 59 document covering such vehicie on the date of the violation. with the 51 name and address of the lessee cieariy_iggipig, within thirty-seven day; 52 after receiving ngiice from the court of the date and time of such 53 violation,_iggether with the other information contained in the origipgi 54 notice of Faiiure to send such information wii?in such thir- 55 iy-seven day time period shall render the owner iiable for the penalty 56 prescribed by this section. where the iessor complies with the =Y&Text=Y 1 DIEE 6f11l2018 New York State Assembly Bill Search and Legislative Information A . 11149 10 provisions of this the lessee of such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for pnnposes of this section, shall be subject to liability for the violation of subdivision (Q) of section eleven hundred eleven of this article pursuant to this section and shaii be sent a notice of liability pursuant to subdivision of this section. ?51.20 If the owner liable for a violation of subdivision of section eleven hundred eleven of thi?_artic1e pursuant to this sectinn was not the operator of the vehinie at the time of the violation, the owner may maintain an action for indemnification against the operator. 2. Notwithstanding any other provinion of this sectinn, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this section if the operator of such vehicie was operating such vehicle with- out the consent of the owner at the time such operator failed to obey_n traffic-control indication. For pnnposes of this subdivision there shall be a presumniion that the operator of such vehicle was operating such vehicle with the consent of the owner at the time such operator failed to obey a traffic~control indication. Nothing in this section shall be construed to limit the liability of an operator of a vehigie for any violation of subdivision (gi_nf section eieven hundred eleven of this article. In) When_? county has established a demonstration program pursuant to this section, all fines and coiiected under such shall be made to the county commissioner of finance within the first ten day; of the month following collection. 1n) In any such county which adopts a demonstration program pursuant to subdivision (3) of this sectinn, such county shall submit an gnnuni ngport on the resuits of the use of a traffig;control signal photo giniation-monitoring system to the governor, the temporary_president of the senate and the of the assembly on or before June fingi, two thousand nineteen and on the same date in each succeeding_year in which the demonstratinn_program i?_nperabie. Such report shall include, but not be limited to: 1. a description of the locations where traffic-control signal photo were used; 2. the number,_iype and severity of accidents reported at intersections where a photo violation-monitoring iystem is used for the year preceding the installation of such system; to the extent the information is maintained by the department of motor vehicles of this state; 3. the number;_iype and severity of accidents reoorted at intersections where a traffic-control signal photo violation-monitoring iystem is used, to the extent the information is maintained by the ggpartment of motor vehicles of this state; 4. the number of violations recorded at each intersection where a traffic-control signal photo i?_used and in the on a daiiy, weegiy and basis; 5. the total number of notices of liability_issued for violations recorded by such systems; 6. the number of fines and total amount of fines paid after first notice of liability; 7. the number of violations adjudicated and resuits of such adjudi- cations including breakdowns of disposition made for violations recorded 9y such systems; 8. the total amount of revenue by such county from such adin; dications; THEE 6l11f2018 New York Slate Assembly Bill Search and Legslative Information A . 11149 11 9. expenses incurred by such county in connection with the program; and 19. quality of the adjudicatig?_process and its results. It shall be a defense to anv_prosecution for a violation of subdi- vision of section eleven hundred eleven of this article pursuant to law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning__?t the time of the allgged violation. 3. The opening paragraph and paragraph of subdivision 1 of 10 section 1809 of the vehicle and traffic law, as amended by section 16 of 11 chapter 222 of the laws of 2615, 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 of section eleven hundred 19 eleven of this chapter in accordance with section eleven hundred 29 eleven-a of this chapter, or other than an adjudication of liability of 21 an owner for a violation of subdivision 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 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 39 or 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 or 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 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 of section eleven hundred eleven of this 46 shapter in accordance with section eleven hundred eleven-f of this chap; 41 Egg, 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 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 56 violations by pedestrians or bicyclists, or other than an adjudication 51 of liability of an owner for a violation of subdivision 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 S4 liability of an owner for a violation of subdivision 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 121'26 6!11l2013 New York State Assembly Bill Search and Leglslative Information A . 11149 12 liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision or of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty?b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision or of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-f of this chapter, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. 3-a. Subdivision 1 of section 1869 of the vehicle and traffic law, as amended by section 10-a of chapter 222 of the laws of 2615, is amended to read as follows: 1. whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equip? ment or violations by pedestrians or bicyclists, or other than an adju- dication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdi? vision of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision or of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision or of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for 13125 6!11!2018 New York State Assembly Bill Search and Legstative Information A . 11149 13 1 a violation of subdivision of section eleven hundred eleven of this 2 g?apter in accordance with section eleven hundred eleven-f of this chaq; 3 335, 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 1899 of the vehicle and traffic law, 7 as amended by section 19-h 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 16 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 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 29 or 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 or 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 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 of section_e;even hundred eleven of this 38 ghapter in accordance with section eleven hundred eleven-f of this chaq; 31 Egg, 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 1869 of the vehicle and traffic law, 35 as amended by section 16-c of chapter 222 of the laws of 2615, 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 48 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 43 or 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 or 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 of section eleven hundred eleven of this chapter in 58 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 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 adjggication of liability of an owner for a viglation of 55 subdivision of section eleven hundred eleven of this chapter in 56 accordance with section eleven hundred eleven-f of this chapter, there ummaty=Y8Text=Y 14 #213 6i11I2018 New York State Assembly Bill Search and Legslative Information A . 11149 14 shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. 3-d. Subdivision 1 of section 1869 of the vehicle and traffic law, as amended by section 16-d of chapter 222 of the laws of 2615, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or 16 violations by pedestrians or bicyclists, or other than an adjudication 11 of liability of an owner for a violation of subdivision 12 or 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 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 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 adjggicatig? 26 of liability of an owner for a violation of subdivision (Q) of section 21 gieven hundred eleven of this chapter in accordance with section eleven 22 hundred eieven-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 1869 of the vehicle and traffic law, 26 as amended by section 16-e of chapter 222 of the laws of 2615, 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 36 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 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 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 adiggication of 39 liability of an owner for a violation of subdivision of section 46 eleven hundred eleven of this chapter in accordance with section eleven 41 hundred eieven-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 1869 of the vehicle and traffic law, 45 as amended by section 16-f of chapter 222 of the laws of 2615, 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 56 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 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 adiggication of SS liability of an owner for a violation of subdivision (Q) of section 56 eleven hundred eleven of this chapter in accordance with section eleven 1 5i}! 8 6f11l2018 vacuuming-mun New York Slate Assembly 1 Bill Search and Leg slative Information A . 11149 15 hundred eleven-f of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. 5 3-g. Subdivision 1 of section 1889 of the vehicle and traffic law, as separately amended by chapter 16 of the laws of 1983 and chapter 62 of the laws of 1989, is amended to read as follows: 1. whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision of sectig? eleven hundred eleven of this chapter in accordance with section eleven hundred eieven-f of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. 5 4. Paragraph a of subdivision 1 of section 1869-e of the vehicle and traffic law, as amended by section 11 of chapter 222 of the laws of 2815, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter, or in accordance with section eleven hundred eleven-e of this chap- ter, or in accordance with section eieven hundred eieven-f of this ghapigg, and except an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chap- ter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except an adjudication of liability of an owner for a violation of subdivision or of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision or of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. 5 4?a. Paragraph a of subdivision 1 of section 1869-e of the vehicle and traffic law, as amended by section 11-a of chapter 222 of the laws of 2815, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a 611112018 New York State Assembly Bill Search and Legislative Information A . 11149 16 conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- 19 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 ghaptgg, 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 16 or 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 or of section eleven hundred eighty of this chap- 26 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 1869-e of the vehicle 29 and traffic law, as amended by section 11-h of chapter 222 of the laws 36 of 2615, 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 of section eleven hundred eleven of this 46 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 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 or 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 or 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 1149&lan11=2017&3umma ry=Y&Text=Y 1 WE 6!11f2018 New York Slate Assembly Bill Search and Legislative Information 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 1869-9 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 3. 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? 19 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 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 hundreg_eleven-f of this 19 ghaptgg, and except an adjudication of liability of an owner for a 29 violation of subdivision or 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 3 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 2615, 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 4B violation of subdivision 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 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 56 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 1899-e of the vehicle 53 and traffic law, as amended by section 11-e of chapter 222 of the laws 54 of 2615, 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 1 149&term=2017&Summary=Y&Texl=Y 1 5325 611112018 New York State Assembly Bill Search and Legislative Information A. 11149 18 conviction for an offense under this chapter, except a conviction pursu? ant to section eleven hundred ninety-two of this chapter, or for a traf? fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- 16 ter or in accordance with section eleven hundred eleven-f of this chap; 11 Egg, 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 1899-e of the vehicle 19 and traffic law, as amended by section 5 of part of chapter 55 of the 29 laws of 2913, 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 of section eleven hundred eleven of this 39 chapter in accordance with section eleven hundred eleven?a of this chap- 31 ter or in_?ccordance with section eleven hundred eleven-f of this chaq; 32 Egg, 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 46 by adding a new paragraph to read as follows: 41 jg) are videotape or other recorded 42 images pggpared under authority of section eleven hundred eleven-f of 43 the vehicle and traffic law. 44 6. Section 379 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 countngovernment 47 known as the Nestchester county traffic and parking violations agenc_h 48 which shall operate under the_girection and control of the county execu- 49 tive. 56 7. Subdivision 1 of section 376-a of the general municipal law, as 51 amended by chapter 388 of the laws of 2612, 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 18128 6f11l'2018 mmummthI-I New York Slate Assembly Bill Search and Legislative Inforn'lalion A . 11149 19 such section or a department in the westchester estab- lished pursuant to subdivision six of such section to administer and dispose of traffic and parking infractions. 2-b. "Traffic prosecutor" shall also mean an attorney duly admitted to practice law in the state of New York who has the responsibility of prosecuting any traffic infractions returnabie before any of the local courts in Nestchester county having_jurisdiction over parking and traf- fic infractions which occur on roads or qnnperty owned by, or under the control of Nestchester county_pursuant to the iurisdictional limitations of section three hundred seventy-one-a of this article. 5 8. The general municipal law is amended by adding a new section 371-a to read as follows: 5 371-a. Juriggiction ang_procedure; Nestchester county. 1. The west- chester county traffic and parking violations agency; as established under subdivision six of section three hundred seventy of this articleh nay be authorizgg to digpose of violations of traffic laws, ordinancesh rules and regulations when such offense shall not constitute the traffic infraction known as speeding or a misdemeanor or feinny, and, if author- ized by local law, to adjudicgte the iiability of owners for violniions of subdivision of section eleven hundred eleven of the vehicle and traffig_iaw in accordance with section eieven hundred eleven-f of such iaw. The westchester county traffic and parking violations agency may also be authoniged to assist the__iocai courts in Nestchester county having__jurisdiction over parking and traffic infractions which occur on roads or owned by, or under the control of Westchester countyb. in the dispngition and administration of infractions of traffic and parking laws, ordinances, rules and regulations and the liability of owners for vioiniions of subdivision (Q) of section eieven hundred elev- en of the vehicle and traffic 1aw_in accordance with section eleven hundred eieven-f of such law, except that such agencies shall not have jurisdiction over the traffi5_infraction_gefined under subdivision one of section eleven hundred ninety-two of the vehicle and traffic law; i2) the traffic infraction defined under subdivision five of sectinn eleven hundred ningiy-two of the vehicle ang traffic the violation defined under of subdivision four of sectinn fourteen-f of the transportation law and the violation defined under giause of of of subdivision two of section one hundred forty of the transportation the traffic infraction defined under section three hundred ninety-seven-a of the vehicle and traffic law and the traffic infraction defined under subdi- vision of section eieven hundred_gigniy of the vehicle god traffic inn;__jg) any misdemeanor or felony; or any offense that is part of the same criminal transaction, as that term is defined in subdivision two of section 46.16 of the crininal procedure inn, as a violation of subdivision one of section eleven hundred ningiy-two of the vehigie and traffic law, a violation of subdigision five of section eieven hundred ninety-two of the vehicie and traffic law, a violation of (91 of subdivision four of section fourteen-f of the transportation 1aw,_n violation of ciause of of of subdiyi; sion two of section one hundred forty of the tran5portation law, a violation of section three hundred ninety-seven-a of the vehicle and traffic law, a violation of subdivision of section eleven hundred gigniy of the vehicle and traffic law or any misdemeanor or felony; 2. A person charged with an infraction which shaii be disposed of by the Nestchester county traffic and parking violations agency may be permitted to answer, within a specified time, at the traffic and EDIEE 6111:201 8 New York State Assembly Bill Search and Legislative Information A . 11149 20 yiolations agency either in person or by written power of attorney in such form as may be prescribed in the local law creatiag the agencyy_ay payiag_a_prescribed fine and, in writing, waiving a hearing in courtp p1eading_guilty to the charge or admitting liability_as an owner for the violation of subdivision of section eleven hundred eieven of the vehicle and traffic law, as the case may be, and authorizing the person in charge of the agency to enter such a piea or admission and accepi payment of said_?ine. Acceptance of the prescribed fine and power of attorney by the agency shall be deemed compiete satisfaction for the 16 violation or of the liability, and the violator or owner liable for a 11 yiolation of subdivision of section eleven hundred eleven of the 12 vehicie and traffia_iaw shall be given a receipt which so states. If a 13 person charged with a traffic viaiation does not answer as hereinbefore 14 prescribed, within a designated tiaa, the agency may_aause a complaint 15 to be entered against him forthwith and a warrant to be issued for hi; 16 arrest and appearance before the court havipg__jurisdiction over the 17 traffic i?fraction, such summons to be predicated upon the persona; 18 service of said summons upon the person charged with the infraction. Any 19 person who shall have beenyaaithin the preceding tweive months,__guilty 26 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 counsei or 26 ig_prevent him from exercising_?is right to appear in court to answer 27 39, explain, or defend any charge of a violation of any traffic 28 ordinance, ruie or regulation. 29 3. Notwithstandiag any inconsistent provision of law, fines,_pena1ties 30 and forfeitpres coiiected by the Nestchester county traffic and parking 31 violations agency shail be distributed as provided in section eighteen 32 hundred three of the vehicle and traffi?_iaw. All and 33 forfeitures for violations adjudicated by the westchester county traffig 34 and parking violations agency__pursuant to subdivision one of this 35 sectiaa, with the excepiion 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 accompapied by a true 38 and complete report in such form and detaii as the comptroller shaii 39 prescribe. 40 9. Section 99-1 of the general municipal law is amended by adding a 41 new subdivision 3 to read as follows: 42 3. The county of Nestchester shall be to receive the amounts 43 set forth_in subdivision one of this section for the services of the 44 Nestchester county traffic and parking agency and for all 45 other services instituted and triab1e_in and by such agency wherein a 46 fine is_imposed, a surcharge of ten dollars. 47 13. 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 2618, is 49 amended to read as follows: 56 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]y 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 EH26 New York State Assembly Bill Search and Legislative lnformalion A . 11149 21 distribution of such moneys by the justice court fund. Notwithstanding any law to the contrary, the alternative procedures utilized may include: a. electronic funds transfer; b. remittance of funds by the justice court to the chief fiscal office of the town or village, or, in the case of the Nassau [and]h Suffolk Egg westchester counties traffic and parking violations agencies, to the county treasurer, or, in the case of the Buffalo traffic violations agency, to the city of Buffalo comptroller, or in the case of the 16 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. 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 Nestchester 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 26 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 2817, 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]L Suffolk and West- 29 chester counties traffic and parking violations agencies, and by the 38 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]h Suffolk Egg 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 46 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. 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]L 47 Suffolk and Nestchester 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 59 permitted by the comptroller, and such permission, once given, may 51 subsequently be withdrawn by the comptroller on due notice. 52 12. Paragraph of subdivision 2 of section 39 of the judiciary 53 law, as amended by section 4 of part of chapter 56 of the laws of 54 2818, is amended to read as follows: 55 All fees collected pursuant to sections eighteen hundred three, 56 eighteen hundred three-A and nineteen hundred eleven of the New York 1149819rm=20178$ urnmary=Y8Toxt=Y 2212 6!11l2018 New York Stale Assembly Bill Search and Legislative lnformalion A . 11149 22 city civil court act, all fees collected pursuant to state law by the county clerks in the city of New York, except as otherwise provided herein with respect to fees collected pursuant to subdivision of section eight thousand eighteen of the civil practice law and rules and except those fees collected by the clerk of Richmond county which in the other counties of the city of New York are collected by the city regis- ters, all fees collected pursuant to section eight thousand eighteen of the civil practice law and rules except only to the extent of one hundred sixty-five dollars of any fee collected pursuant to subparagraph 16 of paragraph one of subdivision of such section and except for 11 those collected pursuant to subparagraph (ii) of paragraph one [of?para? 12 graph?ehree] of such subdivision 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 and 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 of section nineteen hundred eleven 26 of the uniform district court act, all fees collected pursuant to 21 section eighteen hundred three, eighteen hundred three-A and subdivision 22 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__?nd Nestchester county traffic and parking violations [ageney] 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 36 paid to the state commissioner of taxation and finance on a 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 of section eight 34 thousand eighteen of the civil practice law and rules shall be distrib- 35 uted 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 46 established pursuant to section 1111-f of the vehicle and traffic law 41 shall be subject to the provisions of section 163 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 Nestchester 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 56 annual basis, beginning eighteen months following the creation of the 51 Nestchester county traffic and parking violations agency pursuant to 52 Nestchester 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 Nestchester county executive, 56 the legislature of the county of westchester, the presiding judge of the 6:1112018 New York Stale Assembly Bill Search and Legislative Information A . 11149 23 Westchester county district court and the Hestchester county district attorney. 5 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: the amendments to subparagraph of paragraph a of subdivision 16 5-a of section 461 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 the amendments to paragraph a of subdivision 5-a of section 461 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 the amendments to paragraph a of subdivision S-a of section 461 of 26 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 the amendments to paragraph a of subdivision S-a of section 461 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 the amendments to paragraph a of subdivision S-a of section 461 of 36 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 the amendments to paragraph a of subdivision 5-a of section 461 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 the amendments to paragraph a of subdivision S-a of section 461 46 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 the amendments to subdivision 1 of section 1869 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 the amendments to subdivision 1 of section 1869 of the vehicle and S6 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 the amendments to subdivision 1 of section 1869 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, ry=Y&Taxt=Y 24125 6!11!2018 New York Slate Assembly Bill Search and LegisIalive Information A. 11149 24 when upon such date the provisions of section three-c of this act shall take effect; the amendments to subdivision 1 of section 1869 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; the amendments to subdivision 1 of section 1869 of the vehicle and traffic law made by section three?d of this act shall not affect the 16 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 (1) the amendments to subdivision 1 of section 1869 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 the amendments to subdivision 1 of section 1869 of the vehicle and 19 traffic law made by section three-f of this act shall not affect the 26 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 the amendments to paragraph a of subdivision 1 of section 1869-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 the amendments to paragraph a of subdivision 1 of section 1869-e 29 of the vehicle and traffic law made by section four-a of this act shall 36 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 the amendments to paragraph a of subdivision 1 of section 1869-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 the amendments to paragraph a of subdivision 1 of section 1869-e 39 of the vehicle and traffic law made by section four-c of this act shall 46 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 the amendments to paragraph a of subdivision 1 of section 1869-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 the amendments to paragraph a of subdivision 1 of section 1869-e 49 of the vehicle and traffic law made by section four-e of this act shall 56 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 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 ESJEE 6r1112018 New York State Assembly Bill Search and Legislative Information A . 11149 25 1 upon such date the provisions of section eleven of this act shall take 2 effect. New York State Assembly I Bill Search and Legislative Information Page 1 of 26 808976 Summag: BILL NO 508976 SAME AS No Same As SPONSOR STEWART-COUSINS C05 PNSR Amd 55401, 1809 a add 51111-f. a amd 58?. Pub Off amd 55370. 3? -a a 99-1, add 53?1-a. Gen Muni amd 599-a. St Fin amd 539. Judy Relates to establishing the adjudication process and owner liability for failure of an operator to cemply with traffic- control indications and establishing a traffic and parking violations agency in the county of Hestchester. 6.31 1f2018 New York State Assembly Bill Search and Legislative Information Page 2 of 26 508976 Text: STATE OF NEW YORK 8976 IN SENATE June E, 1018 Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules RH 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: Section 1. Subparagraph of paragraph a of subdivision 5-a of section 401 3f the vehicle and traffic law, as amended by section 8 of chapter 222 of the laws of 2015. is amended t: read as follows: If at the time of application for a registration or renewal there- of there is a certification from a court. parking violations bureau. traffic and parking violations agency or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a 11 total of threw or more summonses or other process in the aggregate. 12 issued within an eighteen month period, charging either that: such 13 meter 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 1? any lawnr 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 (dl of section 21 eleven hundred eleven of this chapter: or 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 in italics {underscoredf is nrw: matter in brackets is old law to bu omitted. $08976&tenn=201 7&Summary. .. 6.51 1.920 I 8 New York State Assembly Bill Search and Legislative Information Page 3 of 26 S. 8976 2 1 sectionlyli or {iv} the registrant was liable in accordance with section 2 eleven hundred eighty-b of this chapter for a violation of subdivision 3 {cl or Id} of section eleven hundred eighty of this chapterlT]; or tv} 4 the registrant was liable in accordance with section eleven hundred 5 eighty-c of this chapter for a violation of subdivision or Id) of 6 section eleven hundred eighty of this chapter: or {vi} the registrant was liable in accordance with section eleven hundred eleven-e of this 8 chapter for a violation of subdivision 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 (d1 of section eleven hundred eleven of this chapter, the 12 cemmissioner 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- lB sion. Where an application is denied pursuant to this secticn. 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 l-a. Paragraph a of subdivision S-a of section 401 of the vehicle 31 and traffic law. as amended by section B-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 adminisv 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: til 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 Iii} the registrant was liable in accordance with section eleven hundred 47 eleven-b of this chapter for a violation of subdivision Id! of section 48 eleven hundred eleven of this chapter; or 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 id} of section eleven hundred eleven of this chapter or the regis- 54 trant was liable in accordance with section eleven hundred eighty?b of 55 this chapter for a violation of subdivision lb), :fJ or Igl of 56 section eleven hundred eighty of this chapter; or iv) the registrant was 6f 1 112018 New York State Assembly Bill Search and Legislative Information Page 4 of 26 3. E976 3 liable in accordance with section eleven hundred eighty-c of this chap- ter for a violation of subdivision (bl. to). if} or to! of section eleven hundred eighty of this chapter; or (vi) the registrant was liable in accordance with section eleven hu dred eleven-e of this chapter for a violation of subdivision of section eleven hundred eleven of this chapter: or (vii) the registrant was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivision of section eleven hundred eleven of this chapter. the commissioner 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 1? vehicle and may deny a registration or renewal application for any other 18 motor vehicle registered in the name 2f 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 0: 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: such metor 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 #1 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 liziu 44 the registrant was liable in accordance with section eleven hundred 45 eleven-d of this chapter for a violatiOn of subdivision Id) of section 46 eleven hundred eleven of this chapter: or {iv} the registrant was liable 4? in accordance with section eleven hundred eighty-b of this chapter for a 4B violation of subdivision lb). lo]. (d1. (fl or 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 (bl. or of section eleven 52 hundred eighty of this chapter; or the registrant was liable in 53 accordance with section eleven hundred eleven-e of this chapter for a 54 violatiOn of Subdivision 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 1x201 8 New York State Assembly Bill Search and Legislative Information Page 5 of 26 S. 8926 4 of section eleven hundred eleven of this chapter. the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court tr administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal follow- ing entry of a final decision. where an application is denied pursuant to this section. the commissioner may. in his or her discretion. deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commis- sioner has determined that such registrant's intent has been to evade the purposes uf this subdivision and where the commissioner has reason- able grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered. or in the case of an administrative tribunal. the registrant fails to comply with the rules and regulations following entry of a final decision. 5 l?c. Paragraph 3 of subdivision E-a of section 401 of the vehicle and traffic law. as amended by section B-c of chapter 22: 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: ti] 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 violatitn 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 Id) of section eleven hundred eleven of this 3? chapter: or the registrant was liable in accordance with section 38 eleven hundred eighty-b of this chapter for violations of subdivision 39 (C). (CH. [ft or tg) 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 42 {ft or 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 Id) 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 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 httpa?fnyassembly. gov} 7& 6.31 1/20] 8 New York State Assembly Bill Search and Legislative Information Page 6 of 26 S. 9916 5 application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi? sion. Such denial shall only remain in effect as long as the summonses remain unanswered. or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. 10 l-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. tr 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 lb). {f1 or of section eleven hundred eighty of this chap- ter. or the registrant was liable in accordance with section eleven 29 hundred eleven-d of this chapter for a violation of subdivision Id} 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 of section eleven hundred eleven 33 of this chapterI or the registrant was liable in accordance with section 34 eleven hundred eleven-f of this chapter for a violation of subdivision 35 (d1 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 3B 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 ether 45 motor vehicle registered in the name of the applicant where the commis- 46 either has determined that such registrant's intent has been to evade 4' the purposes of this subdivision and where the commissioner has reason- 48 able grounds to believe that such registration or renewal will have the 4? 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 5 1-e. Paragraph a of subdivision S-a of section 401 of the vehicle 54 and traffic law. as amended by section B-e of chapter 222 of the laws cf 55 is amended to read as follows: \Dm?lmt?-?-UMH 6H 1x20 1 8 New York State Assembly Bill Search and Legislative Information Page 7 of 26 S. 8976 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, nr 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 Id} 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 id} 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 Id) of section eleven hundred eleven of this 21 chapter. the commissioner or his or her agent shall deny the registra- 2 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 2? 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 sien. Such denial shall only remain in effect as long as the summ:nses 36 remain unanswered, or in the case :5 an administrative tribunal. the 37 registrant fails to comply with the rules and regulations follJNinq 38 entry of a final decision. 39 5 1-f. Paragraph a of subdivision S-a of section 401 of the vehicle 40 and traffic law, as amended by section H-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- 4? 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 of section eleven hundred eleven of this chapter. or the 13201 8 New York State Assembly Bill Search and Legislative Information Page 8 of 26 S. 8936 7 registrant was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivision of section eleven hundred eleven of this chapter. the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal entry of a final decision. 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 vehirle 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 11 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 1-9. Paragraph a of subdivision 5-3 of section 401 of the vehicle 22 and traffic law, as separately amended by chapters 339 and 592 of the 23 laws of 198?, 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 23 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 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 4? 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 frllawing entry of a final decision. lam-aimUI-h-torow 1 6f 1 1 :"20 8 New York State Assembly Bill Search and Legislative Information Page 9 of 26 5. 8976 2. The vehicle and traffic law is by adding a nah se-ti'n 1111-f to read as follows: 5 Owner liability for failure of operator to comply with traffic-control indications. 1. Notwithstanding any other provision of lawI the county of Hestchester is hereby authorized and to adopt and amend a local law or ordinance establishing a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an Operator thereof to with traffic-control indications in 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 violationrmonitoring systems shall not 17 include images that identify the driver. the passengers. or the contents 13 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 2; with the provisions of this paragraph 23 In any such county which has adopted a local law or ordinance 24 pursuant to subdivision of this section. the owner of a vehicle 25 shall be liable for a penalty pursuant to this section if such 26 vehicle was used or operated with the permission of the owner, express 2? or lied in violation of subdivision d) of section eleven hundred EB eleven of this article, and such Violation is evidenced by information 29 obtained from a traffic-control sippal 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 Ed) of section eleven hundred eleven of this article. 34 For purposes of this section, "owner" shall have the meaning 35 prOVided in article two-B of this chapter For pupposes of this sectionI 3n "traffic-control signal photo violation?monitoring system? shall mean a 3' vehicle sensor installed to work in conjunction with a traffic-control 3F signal which automatically produces two or more photographs. two or more 33 a videotape or other recorded images of each vehicle 4U at the time it is used or opprated in violation of subdivision Id} of 4. section eleven hundred eleven of this article. 4- A certificate. sworn to or affirmed by a technician employed by 4: Westchester county in which the charged violation occurred, or a facsim? 44 ile thereofI based upon inspection of photographs. 45 videotape or other recorded images produced by a traffic-control signal 46 photo violation-monitoring system, shall be prima facie evidence of the 4? 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 An owner liable for a violation of subdiVision 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- 7&Summary. .. 6-"l l-"2018 New York State Assembly I Bill Search and Legislative Information I?Dl-lI-?D-ll-l lib-If- Homch?mawwo?o mandamu- hmf?JD-?O \Jl'dt 4mm Hcmmummhurewowm Cull-3 GNU-huts! S. 3976 9 ant to this section shall not exceed fifty dollars for each violation. provided. however, that such local law or ordinance may provide for an additional penalty not in excess of twenty-five dollars for each violation for the failure to respond to a notice of liability within the prescribed time period. (5) An imposition of liability under a local law or ordinance adopted pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. to) l. A notice of liability shall be sent by first class mail to each pprson alleged to be liable as an owner for a violation of subdivision of section eleven hundred eleven of this article pursuant to this section. Personal delivery on the owner shall not be required. A manual or automatic record of mailing pgppared in the ordinary course of busi- ness shall be prima facie evidence of the facts contained therein. 2. A notice of liability shall contain the name and address of the pprson alleged to be liable as an owner for a violation of subdivision of section eleven hundred eleven of this article pursuant to this section. the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number. 3. The notice of liability shall contain information adVising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liabil- ity and that a default judgment may be entered thereon. 4. The notice of liability shall be prepared and mailed by westchester county or by any other entity authorized by such county to prepare and mail such notification of violation. Adjudication of the liability upon owners by this section shall be by the court haVing jurisdiction over traffic infractions. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was repprted to the police department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of subdivision of section eleven hundred eleven of this article pursuant to this section that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this subdivision it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail to the court having jurisdiction. An owner who is a lessor of a vehicle to which a notice of liabil- ity was issued pursuant to subdivision (9) of this section shall not be i?2P19 for the violation of subdivision of section eleven hundred eleven of this article, provided that he or she sends to the court having jurisdiction a copy of the rental, lease or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legibleI within thirty-seven days after receiving notice from the court of the date and time of such violation, together with the other information contained in the original notice of liability. Failure to send such information within such thir- ty-sevsn day time period shall render the owner liable for the penalty prescribed by this section. where the lessor complies with the Page IO of 26 1 7& 1.92018 New York State Assembly Bill Search and Legislative Information Page 1 of 26 5. 89?6 l? 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 (dl 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 of this section. 7 1. If the owner liable for a violation of subdivision 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 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 (11 Nothing in this section shall be construed to limit the liability 20 of an operator of a vehicle for any violation of subdivision of 21 section eleven hundred eleven of this article. 22 (m1 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 in! In any such countg which adopts a demonstration program pursuant 2? to subdivision 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 l. 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 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 such count from such ad u- 56 dications; 1 7& 6-?1 1-"2018 New York State Assembly Bill Search and Legislative Information . Page 12 of 26 5. 997% 11 9. eigensee incurred by such county in connection with the program: and "io. quality of the adjudication process and its results. to} It shall be a defense to any prosecution for a violation of subdi- vision Id} of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation. 5 3. The opening paragraph and paragraph of subdivision 1 of 10 section 1609 of the vehicle and traffic law. as amended by section 13 of 11 chapter 232 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 adapted 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 of section eleven hundred 19 eleven cf 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 Id} 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 2? of section eleven hundred eleven of this chapter in accordance with 28 section eleven hundred elevennd of this chapter, or other than an adju- 29 dicatiOn of liability of an owner for a vitlation of subdivision 30 Id}. or lg) 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 to). or 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 of section eleven hundred eleven of this 3? chapter in accordance with section eleven hundred eleven-e of this chap- 38 tor, or other than an adjudication of liability of an owner for a 39 violation of subdiVision of section eleven hundred eleven of this 40 chapter in accordance with section eleven hundred eleven-f of this chap- 41 525. 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 {or whenever proceedings in an administrative tribunal or a ccurt 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-cw: cf this 4! chapter. or a traffic infraction under this chapter, or a lncal 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 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 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 6.31 1.2018 New York State Assembly Bill Search and Legislative Information HowQOms-wwp o?Io?nH Jib-ltd Omaha-1mm MIJMIQNLJ ?IOU-bulk! F?Clk?m huh a G?s-macaw S. 8976 12 liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liabil- ity of an owner for a violation of toll collectiOn regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision to}. Ed}. or of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter. or other than an adjudication of liability of an owner for a violation of subdivision (Ci. if} or Of seetion eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter. or other than an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-f of this chapter. there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge. in addition to any sentence required or permitted by law. in the amount of fifty-five dollars. 5 3-a. Subdivision 1 of section 1309 of the vehicle and traffic law. as amended by section 10-a of chapter 222 of the laws of 2015, is amended to read as follows: 1. whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infractiOn under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter. other than a traffic infraction involving standing. stopping. parking or motor vehicle equip- ment or violations by pedestrians or bicyclists, or other than an adju- dication of liability of an owner for a violation of subdivision id) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter. or other than an adjudication of liability of an owner for a violation of subdivision Id} of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter. or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section. or other than an adjudication of liability of an Owner for a violation of subdi? vision td) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter. or other than an adjudication of liability of an owner for a violation of subdivision (cl. or (g1 of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter. or other than an adjudication of liability of an owner for a violation of subdivision (bl. Id), If} or of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y?c of this chapter. or other than an adjudication of liability of an Owner for a violation of subdivision {d1 of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for Page 13 of 26 7& Summary. .. 6f 1 L901 8 New York State Assembly Bill Search and Legislative Information Page 14 of 26 5. $926 13 1 a violation of subdivision Id) of section eleven hundred eleven of this 2 chapter in accordance with section eleven hundred eleven-f of this chap- 3 525, 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 18?9 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. stepping, 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 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 {dl 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 30 (bl. lCl. {dl. (fl or 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 (bl. (cl. ldl. or lg} of section eleven hundred 24 eighty of this chapter in accordance with section eleven hundred eight- 25 y-c of this chapter.r or other than an adjudication of liability of an 26 Owner for a violation of subdivision Id) of section eleven hundred elev- 2? 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 [dl of section eleven hundred eleven of this 30 chapter in accordance with section eleven hundred eleven-f of this chap? 31 Egg. there shall be levied a mandatory surcharge. in to any 32 sentence required or permitted by law. in the amount of seventeen 33 dollars. 34 5 3-c. Subdivision 1 of section 1809 of the vehicle aid 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 (bl. (cl. id). 43 If] or 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 (bl. id). (fl or of section eleven hundred eighty of this chap- 4? 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 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 :f 52 subdiVision id) of section eleven hundred eleven of this chapter in S3 accordance with section eleven hundred eleven-e of this chapterI or 54 other than an adjudication of liability of an owner for a violation of 55 subdivision id) of section eleven hundred eleven of this chapter in 56 accordance with section eleven hundred eleven-f of this chapter. there 7&Summary. .. 6f 1 1.5201 8 New York State Assembly 1 Bill Search and Legislative Information Page 15 of 26 S. 3976 14 1 shall be levied a mandatory surcharge. in addition to any sentence . required or permitted by law, in the amount of seventeen dollars. 3 5 3?d. Subdivision 1 of section 1809 of the vehicle and traffic law. 4 as amended by section 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 (cl. 12 or 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 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- 1? dication of liability of an owner for a violation of subdivision Id} 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 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 lo-e of chapter 222 of the laws of 2015. is 2? 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 {d1 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 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 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 :f 48 this state result in a conviction for a crime under this chapter :r a 49 traffic infraction under this chapter other than a traffi: infractitn 50 involving standing. stopping. parking or motor vehicle equipment or 51 violations by pedestrians or bicyclists. or nther than an adjudicatitn 52 of liability of an owner for a violation LE subdivision of sectitn 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 Id} of section 56 eleven hundred eleven of this chapter in accordance with section eleven 6f 1 8 New York State Assembly Bill Search and Legislative Information Page 16 01'26 5. 8976 15 hundred eleven-f of this chapter, there shall be levied a mandatory surcharge. in addition to any sentence required or permitted by law, in the amount of seventeen dollars. 5 3-9. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by chapter 16 of the laws of 1983 and chapter 62 of the laws of 1989, is amended to read as follows: 1. whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction 10 involving standing. stopping. parking or motor vehicle equipment or 11 violatiuns by pedestrians or bicyclistsI or other than an adjudication 12 of liability of an owner for a violation of subdivision Id! 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. 1? 5 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 cf the laws of 19 2015. is amended to read as 20 a. Notwithstanding any other provisicn 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- :3 ant to section eleven hundred ninety-two of this chapter. or for a traf- .4 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 97 bicyclists. and except an adjudication of liability of an owner for a L8 violation of subdivision id] 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 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 sectian eleven 3? 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 tb}. If 40 or 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 cf liability of an owner for a violation of subdivision 43 If} or 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 5 4-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 53 and traffic law. as amended by section ll-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 6.31 1f2018 New York State Assembly Bill Search and Legislative Information Page 17 of 26 S. 3936 16 conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter. or for a traf~ fic infraction under this chapter. or a local law, ordinance, rule or regulation adopted pursuant to this chapter. except a traffic infractiOn involving standing. stopping. or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a vinlation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap? ter or in accordance with section eleven hundred eleven-e of this chap- ter or in accordance with section eleven hundred eleven-f of this chapter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section. and except an adjudication of liability of an owner for a violation of subdivision Lb}. (CI. or of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter. and except an adjudication of liability of an owner for a violation of subdivision Icl, or lg] of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-c of this chapter. and except an adjudication of liability of an owner for a violation of -. 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 2S 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 dnilars. 28 4-b. ?aragraph a of subdivision 1 of section 13:9-e of the vehicle 29 and traffic law. as amended by section ll-b of chapter 23: 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 violatioaa by pedestrians or 38 bicyclists. and except an adjudication of liability of an owner for a 39 violation of subdivision {d2 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 sectiun 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 vivlation of subdivision (bl. (ft or of section eleven 46 hundred eighty of this chapter in accordance with section eleven hundred 41 eighty-b of this chapter. and except an adjudication of liability of an 48 owner for a violation of subdivision (cl. {fl or (9) of 49 section eleven hundred eighty of this chapter in accordance with section EU eleven hundred eighty-c of this chapter. and except an adjudication of 51 liability of an owner for a violation of toll collectiOn regulations 5: 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- Ed ter seven hundred seventy-four of the laws of nineteen hundred fifty. E5 there shall be levied in addition to any sentence. penalty or other 6f 1 1x20] 8 New York State Assembly Bill Search and Legislative Information Page 18 of 26 S. 89T6 17 surcharge required or permitted by law, an additional surcharge of twen- ty-eight dollars. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law. as amended by section 11-c of chapter 222 of the laws of 2015. is amended to read as follows: 3. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter. except a conviction pursu- 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 {d1 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- 1? 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 Phagter. and except an adjudication of liability of an owner for a 20 violation of subdivision lb}. to). If! or 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 5 4-d. Paragraph a of subdivision 1 of section of the vehicle 30 and traffic law. as amended by section ll-d of chapter 222 of the laws 31 of 2015. is amended to read as folIONs: 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 cenviction 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 3? regulation adopted pursuant to this chapter. except a traffic infraction 3B 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 {dl 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 car 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 5 4-e. Paragraph a of subdivision 1 of section of the vehicle 53 and traffic law, as amended by section ll-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 cf this state result in a 1320] 8 New York State Assembly Bill Search and Legislative Information Page 19 of 26 S. 8976 18 conviction for an offense under this chapter. exaept a conviction pursu- ant to section eleven hundred ninety-two of this chapter. or for a traf- fic infraction under this chapter. or a lucal law. ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping. or parking or violations by pedestrians or bicyclists. and except an adjudication of liability of an owner for a violation of subdivision of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- 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 ?25. 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, l4 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 5 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 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 96 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 adjudi ation of liability of an owner for a 29 violation of subdivision 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 ?95. 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 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 5. Subdivision 2 of section 91 of the public officers law is amended 40 by adding a new paragraph {pl to read as follows: 41 are photographsI microghotographsI videotape or other recorded 42 images prepared under authority of section eleven hundred eleven-f of 43 the vehicle and traffic law. meadow-hump 44 5 6. Secti:n 330 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 Hestchester county government 7 known as the Westchester county traffic and parking violations agencyI 4B which shall operate under the direction and control of the county execu- 49 tive. 50 5 7. Subdivision 1 of section 370-a of the general municipal law, as 51 amended by chapter 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 ageucy" 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 6:"1 12018 New York State Assembly Bill Search and Legislative Information Page 20 of 26 S. 3976 19 such sectiu; or a department in the Westchester county government estab- lished pursuant to subdivision six of such section to ndminint?r and dispose of and pa?k_nq lnfnictions. 2-b. "Traffic prosecutor" shall also mean an attorney duly admitted to practice law in the state of New York who has the responsibility of prosecuting any traffic infractions returnable before any of the local courts in Hestchester county having jurisdiction over parking and traf? fic infractions which occur on roads or property owned by. or under the control of Westchester county pursuant to the Jurisdictional limitations 10 of section three hundred seventy-one-a of this article. 11 5 B. The general municipal law is amended by adding a new 12 371-a to read as follows: 13 5 371-a. Jurisdiction and procedure: westchester county. 1. The west- 14 cheater county traffic and parking violations agencyI as established 15 under subdivision six of section three hundred seventy of this articleI 16 may be authorised to dispose of violations of traffic laws. ordinancesI 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 Id) of section eleven hundred eleven of the vehicle and 21 traffic law in accordance with section eleven hundred eleven-f of such 2- law. The Westchester county traffic and parking Violations agency may 23 also be authorized to assist the local courts in Hestchester county 24 having jurisdiction over parking and traffic infractions which occur on 25 roads or property owned by, or under the control of ?estchester county. 26 in the disposition and administration of infractions of traffic and 27 parking laws, ordinances, rules and regulations and the liability of 23 owners for Violations of subdiVision of section eleven hundred elev- 29 en of the vehicle and traffic law in accordance with section eleven 30 hundred eleven-f of such lawI except that such agencies shall not have 31 jurisdiction over the traffic infraction defined under subdivision 3- one of section eleven hundred ninety-two of the vehicle and traffic law; 33 {bl the traffic infraction defined under subdivision five of section 34 eleven hundred ninet -two of the vehicle and traffic law; (c the 35 violation defined under paragraph of subdivision four of section 36 fourteen-f of the transportation law and the violation defined under 37 clause (bl of subparagraph of paragraph of subdiVision two of 38 section one hundred forty of the transportation law: the traffic 39 infraction defined under section three hundred ninety-seven-a of the 4 vehicle and traffic law and the traffic infraction defined under subdi- 41 vision (pl of section eleven hundred eighty of the vehicle and traffic 42 law; to) any misdemeanor or felony: or If) 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 lawI a violation of paragraph 48 of subdivision four of section fourteen-f of the transportation lawI a 49 violation of clause of subparagraph of paragraph 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 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 Nestchester county traffic and parking Violations agency may be 56 permitted to answer. within a specified time, at the traffic and 6f] 132018 New York State Assembly Bill Search and Legislative Information Page 21 of 26 S. 8976 2F violations agency either in person or by written power of attorney in such form as may be prescribed in the local law creating the agency' by payipg a prescribed fine andI in writingI waiving a hearing in court. pleading gpilty to the charge or admitting liability as an owner for the violation of subdiVision (d1 of section eleven hundred eleven of the vehicle and traffic lawI as the case may beI and authorizing the person in charge of the agency to enter such a plea or admission and accept of said fine. Acceptance of the prescribed fine and power of 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 of section eleven hundred eleven of the 12 vehicle and traffic law shall be given a receipt which so states. If a 13 pgrson charged with a traffic violation does not answer as hereinbefore 14 prescribed. within a desigpated time: the agencz may cause a 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 1? traffic infraction. such summons to be predicated upon the personal 18 service of said summons upon the person charged with the infraction. gay 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 subsegpent violation at the traffic and parking violations agengy? 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 Nestohester 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 ?estchester 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 agenpy to the state cogptroller within the first ten days of the month 37 following collection. Each such shall be by a true 38 and complete report in such form and detail as the comptroller shall 39 prescribe. 40 5 9. Section 99-1 of the general municipal law is amended by adding a 41 new subdivision 3 to read as follows: 42 3. The county of "catchester 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 agengy wherein a 46 fine is imposed, a surcharge of ten dollars. 47 5 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 [camp Suffolk and West- 54 cheater 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 6:?1 New York State Assembly Bill Search and Legislative Information huh) madmm wommummaumwo WU taro automaton: U?OW-n?lmu?h huh- Ids?- ?hash-kha- lama-46101411..) brawn?no U1U1 3. 8976 21 distribution of such moneys by the justice court fund. Notwithstanding any law to the contrary. the alternative procedures utilized may include: a. electronic funds transfer; b. remittance of funds by the justice court to the chief fiscal office of the town or village. or. in the case of the Nassau [lolly Suffolk gag westchester counties traffic and parking violations agencies. to the county treasurer, or. in the case of the Buffalo traffic violatiOns agency. to the city of Buffalo comptroller. or in the case of the Rochester traffic violations agency. to the city of Rochester treasurer for distribution in accordance with instructions by the comptroller: and/or c. rather than quarterly. distribution :f funds. The comptroller may require such reporting and record keeping as he or she deems necessary to ensure the proper distribution of moneys in accordance with applicable laws. A justice court or the Nassau [and]; Suffolk and "satchester counties traffic and parking violations agencies or the city of Buffalo traffic violations agency or the city of Roches- ter traffic violations agency may utilize these procedures only when permitted by the comptroller. and such permission. once given. may subsequently be withdrawn by the comptroller on due notice. 5 11. Subdivision 3 of section 99-a of the state finance law. as amended by chapter 157 of the laws of 2017, is amended to read as follows: 3. The comptroller is hereby authorized to implement alternative procedures. including guidelines in conjunction therewith. relating to the remittanre of fines. penalties. forfeitures and other moneys by town and village Justice courts. and by the Nassau Suffolk and West- chester counties traffic and parking violations agencies. and by the city of Buffalo traffic violations agency. and by the city of Rochester traffic violations agency to the justice court fund and for the distrib- ution of such moneys by the justice court fund. Notwithstanding any law to the contrary. the alternative procedures utilized may include: a. electronic funds transfer; b. remittance of funds by the justice court to the chief fiscal office of the town or village. or. in the case of the Nassau [and]; Suffolk ?22 Westcheater counties traffic and parking violations agencies. to the county treasurer. or. in the case of the Buffalo traffic violations agency. to the city of Buffalo comptroller. or in the case of the Rochester traffic violations agency. to the city of Rochester treasurer. for distribution in accordance with instructions by the comptroller: and/or c. rather than quarterly. distribution of funds. The comptroller may require such reporting and rr ord keeping as he 3: she deems necessary to ensure the proper distribution of moneys in accordance with applicable laws. A justice court or the Nassau {and:; Suffolk and Westchester counties traffic and parking violations agencies or the city of Buffalo traffic violations agency or the city of Roches- ter traffic violations agency may utilize these procedures only when permitted by the comptroller. and such permission. Once given. may subsequently be withdrawn by the comptroller on due notice. 5 12. Paragraph of subdivision 2 of section 39 of the judicrary law. as amended by section 4 of part of chapter 56 of the laws of 201W. is amended to read as follows: iel All fees collected pursuant to sections eighteen hundred three. eighteen hundred three-A and nineteen hundred eleven of the New York Page 22 of 26 7& ?20] 8 New York State Assembly Bill Search and Legislative Information S. 89?6 22 city civil court act, all fees collected pursuant to state law by the county clerks in the city of New York, except as otherwise prev:ded herein with respect to fees collected pursuant to subdivision Ial of section eight thousand eighteen of the civil practice law and rules and except those fees collected by the clerk of Richmond county which in the other counties of the city of New York are collected by the city regis- ters. all fees collected pursuant to section eight thousand eighteen of the civil practice law and rules except only to the extent of one hundred sixty-five dollars of any fee collected pursuant to subparagraph of paragraph one of subdivision of such section and except for those collected pursuant to subparagraph {ii} of paragraph one {oi?pace- of such subdivision all fees collected pursuant to section eight thousand twenty of the civil practice law and rules except for those collected pursuant to subdivisions and lb) of said section. all fees collected pursuant to section eight thousand twenty- two of the civil practice law and rules. all fees collected pursuant to section twenty-four hundred two of the surrogate's court procedure act. all fees collected pursuant to section eighteen hundred three. eighteen hundred three-A and subdivision of section nineteen hundred eleven of the uniform district court act, all fees collected pursuant to sectiOn eighteen hundred three. eighteen hundred three-A and subdivision of section nineteen hundred eleven of the uniform city court act and all fines. penalties and forfeitures collected pursuant to subdivision eight of section eighteen hundred three of the vehicle and traffic law. except such fines. penalties and forfeitures collected by the Nassau county and Neatchester county traffic and parking violations {agency} agencies, section 71~0211 of the environmental conservation law. section two hundred one of the navigation law and subdivision one of section 27.13 of the parks. recreation and historic preservation law shall be paid to the state commissioner of taxation and finance on a basis no later than ten days after the last day of ea:h The additional fee of five dollars collected by county clerks in an York city pursuant to paragraph three of subdivisicn cf section eight thousand eighteen of the civil practice law and rules shall be distrib- uted by the county clerks as follows: four dollars and seventy- five cents to the commissioner of education for deposit into the ltcal government records management improvement funds; and twenty-five cents to the city of New fork. 5 13. The purchase or lease of equipment for a demonstration program established pursuant to section of the vehicle and traffic law shall be subject to the provisions of section 103 of the general munici- pal law. 5 14. Notwithstanding any provision of law to the contrary no non-ju- dicial employee of any local court located in the county of westchester shall suffer a diminution of salary, employment status or rights solely by cperation of this act provided that nothing herein shall limit the legal authority of the chief administrator of the courts to supervise the administration and operation of the unified court system. 5 15. The administrative judge of Westchester county shall issue on an annual basis, beginning eighteen months following the creation of the westchester county traffic and parking violations agency pursuant to westchester county local law, a report detailing the progress, develop- ment and operations of the traffic and parking violations agency. The report shall be provided to the governor, the temporary president of the senate, the speaker of the assembly, the Hestchester county executive. the legislature of the county of Westchester. the presiding judge of the Page H.201 8 New York State Assembly Bill Search and Legislative Information 'Dmummnumu 5. 8976 23 Hestchester county district court and the Westchester county district attorney. 5 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: la! the amendments to subparagraph ii) of paragraph a of subdivision S-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: [bl the amendments to paragraph a of subdivision S-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: {c1 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; the amendments to paragraph a of subdivision S-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; lei the amendments to paragraph a of subdivision S-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; If) the amendments to paragraph a of subdivision S-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: if-l) the amendments to paragraph a of subdivision S-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: lg} the amendments to subdivision 1 of section 1309 of the vehicle and traffic law made by section three of this act shall not affect the expi- ration 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; 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 therewith. when upon such date the provisions of section three-b of this act shall take effect; 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 expiration of such subdivision and shall be deemed to expire therewith. Page 24 of 26 6i] 1.32018 New York State Assembly Bill Search and Legislative Information ommummtho?o I?d S. 3976 24 when upon such date the provisions of section three-c of this act shall take effect: tj} 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 thrrewith, when upon such date the provisions of section three-d of this art shall take effect: 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: (11 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; (ml 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: In} 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: to} the amendments to paragraph a of subdivision 1 of section 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 effe t; 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 sha:l net affect the expiration of such paragraph and shall be deemvd to expire therewith. when upon such date the provisions of sectirn four-c of this act shall take effect: lq) the amendments to paragraph 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: It) 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: is) 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 paragraph and shall be deemed to expire therewith. when upon such date the provisions of section four-f of this act shall take effect: and It! 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 expira- tion of such subdivision and shall be deemed to expire therewith. when Page 25 of26 6.3] 8 New York State Assembly Bill Search and Legislative Information Page 26 of 26 S. 8976 25 1 upon such date the provisions of section eleven of this act shall take 2 effect. 7& Summary. ..