Bill Text: NY A11243 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to establishing the adjudication process and owner liability for failure of an operator to comply with traffic-control indications and establishing a traffic and parking violations agency in the county of Westchester.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-17 - referred to codes [A11243 Detail]
Download: New_York-2017-A11243-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11243 IN ASSEMBLY June 17, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) -- read once and referred to the Committee on Codes AN ACT to amend the vehicle and traffic law, the public officers law, the general municipal law and the state finance law, in relation to establishing the adjudication process and owner liability for failure of an operator to comply with traffic-control indications and estab- lishing a traffic and parking violations agency in the county of West- chester; and providing for the repeal of such provisions upon expira- tion thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph a of subdivision 5-a of 2 section 401 of the vehicle and traffic law, as amended by section 8 of 3 chapter 222 of the laws of 2015, is amended to read as follows: 4 (i) If at the time of application for a registration or renewal there- 5 of there is a certification from a court, parking violations bureau, 6 traffic and parking violations agency or administrative tribunal of 7 appropriate jurisdiction that the registrant or his or her represen- 8 tative failed to appear on the return date or any subsequent adjourned 9 date or failed to comply with the rules and regulations of an adminis- 10 trative tribunal following entry of a final decision in response to a 11 total of three or more summonses or other process in the aggregate, 12 issued within an eighteen month period, charging either that: (i) such 13 motor vehicle was parked, stopped or standing, or that such motor vehi- 14 cle was operated for hire by the registrant or his or her agent without 15 being licensed as a motor vehicle for hire by the appropriate local 16 authority, in violation of any of the provisions of this chapter or of 17 any law, ordinance, rule or regulation made by a local authority; or 18 (ii) the registrant was liable in accordance with section eleven hundred 19 eleven-a, section eleven hundred eleven-b or section eleven hundred 20 eleven-d of this chapter for a violation of subdivision (d) of section 21 eleven hundred eleven of this chapter; or (iii) the registrant was 22 liable in accordance with section eleven hundred eleven-c of this chap- 23 ter for a violation of a bus lane restriction as defined in such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16249-03-8A. 11243 2 1 section[,]; or (iv) the registrant was liable in accordance with section 2 eleven hundred eighty-b of this chapter for a violation of subdivision 3 (c) or (d) of section eleven hundred eighty of this chapter[,]; or (v) 4 the registrant was liable in accordance with section eleven hundred 5 eighty-c of this chapter for a violation of subdivision (c) or (d) of 6 section eleven hundred eighty of this chapter; or (vi) the registrant 7 was liable in accordance with section eleven hundred eleven-e of this 8 chapter for a violation of subdivision (d) of section eleven hundred 9 eleven of this chapter; or (vii) the registrant was liable in accordance 10 with section eleven hundred eleven-f of this chapter for a violation of 11 subdivision (d) of section eleven hundred eleven of this chapter, the 12 commissioner or his or her agent shall deny the registration or renewal 13 application until the applicant provides proof from the court, traffic 14 and parking violations agency or administrative tribunal wherein the 15 charges are pending that an appearance or answer has been made or in the 16 case of an administrative tribunal that he or she has complied with the 17 rules and regulations of said tribunal following entry of a final deci- 18 sion. Where an application is denied pursuant to this section, the 19 commissioner may, in his or her discretion, deny a registration or 20 renewal application to any other person for the same vehicle and may 21 deny a registration or renewal application for any other motor vehicle 22 registered in the name of the applicant where the commissioner has 23 determined that such registrant's intent has been to evade the purposes 24 of this subdivision and where the commissioner has reasonable grounds to 25 believe that such registration or renewal will have the effect of 26 defeating the purposes of this subdivision. Such denial shall only 27 remain in effect as long as the summonses remain unanswered, or in the 28 case of an administrative tribunal, the registrant fails to comply with 29 the rules and regulations following entry of a final decision. 30 § 1-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 31 and traffic law, as amended by section 8-a of chapter 222 of the laws of 32 2015, is amended to read as follows: 33 a. If at the time of application for a registration or renewal thereof 34 there is a certification from a court or administrative tribunal of 35 appropriate jurisdiction that the registrant or his or her represen- 36 tative failed to appear on the return date or any subsequent adjourned 37 date or failed to comply with the rules and regulations of an adminis- 38 trative tribunal following entry of a final decision in response to a 39 total of three or more summonses or other process in the aggregate, 40 issued within an eighteen month period, charging either that: (i) such 41 motor vehicle was parked, stopped or standing, or that such motor vehi- 42 cle was operated for hire by the registrant or his or her agent without 43 being licensed as a motor vehicle for hire by the appropriate local 44 authority, in violation of any of the provisions of this chapter or of 45 any law, ordinance, rule or regulation made by a local authority; or 46 (ii) the registrant was liable in accordance with section eleven hundred 47 eleven-b of this chapter for a violation of subdivision (d) of section 48 eleven hundred eleven of this chapter; or (iii) the registrant was 49 liable in accordance with section eleven hundred eleven-c of this chap- 50 ter for a violation of a bus lane restriction as defined in such 51 section; or (iv) the registrant was liable in accordance with section 52 eleven hundred eleven-d of this chapter for a violation of subdivision 53 (d) of section eleven hundred eleven of this chapter or (v) the regis- 54 trant was liable in accordance with section eleven hundred eighty-b of 55 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 56 section eleven hundred eighty of this chapter; or (v) the registrant wasA. 11243 3 1 liable in accordance with section eleven hundred eighty-c of this chap- 2 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section 3 eleven hundred eighty of this chapter; or (vi) the registrant was liable 4 in accordance with section eleven hundred eleven-e of this chapter for a 5 violation of subdivision (d) of section eleven hundred eleven of this 6 chapter; or (vii) the registrant was liable in accordance with section 7 eleven hundred eleven-f of this chapter for a violation of subdivision 8 (d) of section eleven hundred eleven of this chapter, the commissioner 9 or his or her agent shall deny the registration or renewal application 10 until the applicant provides proof from the court or administrative 11 tribunal wherein the charges are pending that an appearance or answer 12 has been made or in the case of an administrative tribunal that he or 13 she has complied with the rules and regulations of said tribunal follow- 14 ing entry of a final decision. Where an application is denied pursuant 15 to this section, the commissioner may, in his or her discretion, deny a 16 registration or renewal application to any other person for the same 17 vehicle and may deny a registration or renewal application for any other 18 motor vehicle registered in the name of the applicant where the commis- 19 sioner has determined that such registrant's intent has been to evade 20 the purposes of this subdivision and where the commissioner has reason- 21 able grounds to believe that such registration or renewal will have the 22 effect of defeating the purposes of this subdivision. Such denial shall 23 only remain in effect as long as the summonses remain unanswered, or in 24 the case of an administrative tribunal, the registrant fails to comply 25 with the rules and regulations following entry of a final decision. 26 § 1-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 27 and traffic law, as amended by section 8-b of chapter 222 of the laws of 28 2015, is amended to read as follows: 29 a. If at the time of application for a registration or renewal thereof 30 there is a certification from a court or administrative tribunal of 31 appropriate jurisdiction that the registrant or his or her represen- 32 tative failed to appear on the return date or any subsequent adjourned 33 date or failed to comply with the rules and regulations of an adminis- 34 trative tribunal following entry of a final decision in response to 35 three or more summonses or other process, issued within an eighteen 36 month period, charging that: (i) such motor vehicle was parked, stopped 37 or standing, or that such motor vehicle was operated for hire by the 38 registrant or his or her agent without being licensed as a motor vehicle 39 for hire by the appropriate local authority, in violation of any of the 40 provisions of this chapter or of any law, ordinance, rule or regulation 41 made by a local authority; or (ii) the registrant was liable in accord- 42 ance with section eleven hundred eleven-c of this chapter for a 43 violation of a bus lane restriction as defined in such section; or (iii) 44 the registrant was liable in accordance with section eleven hundred 45 eleven-d of this chapter for a violation of subdivision (d) of section 46 eleven hundred eleven of this chapter; or (iv) the registrant was liable 47 in accordance with section eleven hundred eighty-b of this chapter for a 48 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 49 hundred eighty of this chapter, or the registrant was liable in accord- 50 ance with section eleven hundred eighty-c of this chapter for a 51 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 52 hundred eighty of this chapter; or (v) the registrant was liable in 53 accordance with section eleven hundred eleven-e of this chapter for a 54 violation of subdivision (d) of section eleven hundred eleven of this 55 chapter; or (vi) the registrant was liable in accordance with section 56 eleven hundred eleven-f of this chapter for a violation of subdivisionA. 11243 4 1 (d) of section eleven hundred eleven of this chapter, the commissioner 2 or his or her agent shall deny the registration or renewal application 3 until the applicant provides proof from the court or administrative 4 tribunal wherein the charges are pending that an appearance or answer 5 has been made or in the case of an administrative tribunal that he or 6 she has complied with the rules and regulations of said tribunal follow- 7 ing entry of a final decision. Where an application is denied pursuant 8 to this section, the commissioner may, in his or her discretion, deny a 9 registration or renewal application to any other person for the same 10 vehicle and may deny a registration or renewal application for any other 11 motor vehicle registered in the name of the applicant where the commis- 12 sioner has determined that such registrant's intent has been to evade 13 the purposes of this subdivision and where the commissioner has reason- 14 able grounds to believe that such registration or renewal will have the 15 effect of defeating the purposes of this subdivision. Such denial shall 16 only remain in effect as long as the summonses remain unanswered, or in 17 the case of an administrative tribunal, the registrant fails to comply 18 with the rules and regulations following entry of a final decision. 19 § 1-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 20 and traffic law, as amended by section 8-c of chapter 222 of the laws of 21 2015, is amended to read as follows: 22 a. If at the time of application for a registration or renewal thereof 23 there is a certification from a court or administrative tribunal of 24 appropriate jurisdiction that the registrant or his or her represen- 25 tative failed to appear on the return date or any subsequent adjourned 26 date or failed to comply with the rules and regulations of an adminis- 27 trative tribunal following entry of a final decision in response to 28 three or more summonses or other process, issued within an eighteen 29 month period, charging that: (i) such motor vehicle was parked, stopped 30 or standing, or that such motor vehicle was operated for hire by the 31 registrant or his or her agent without being licensed as a motor vehicle 32 for hire by the appropriate local authority, in violation of any of the 33 provisions of this chapter or of any law, ordinance, rule or regulation 34 made by a local authority; or (ii) the registrant was liable in accord- 35 ance with section eleven hundred eleven-d of this chapter for a 36 violation of subdivision (d) of section eleven hundred eleven of this 37 chapter; or (iii) the registrant was liable in accordance with section 38 eleven hundred eighty-b of this chapter for violations of subdivision 39 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 40 ter, or the registrant was liable in accordance with section eleven 41 hundred eighty-c of this chapter for violations of subdivision (b), (c), 42 (d), (f) or (g) of section eleven hundred eighty of this chapter; or 43 (iv) the registrant was liable in accordance with section eleven hundred 44 eleven-e of this chapter for a violation of subdivision (d) of section 45 eleven hundred eleven of this chapter; or (v) the registrant was liable 46 in accordance with section eleven hundred eleven-f of this chapter for a 47 violation of subdivision (d) of section eleven hundred eleven of this 48 chapter, the commissioner or his or her agent shall deny the registra- 49 tion or renewal application until the applicant provides proof from the 50 court or administrative tribunal wherein the charges are pending that an 51 appearance or answer has been made or in the case of an administrative 52 tribunal that he has complied with the rules and regulations of said 53 tribunal following entry of a final decision. Where an application is 54 denied pursuant to this section, the commissioner may, in his or her 55 discretion, deny a registration or renewal application to any other 56 person for the same vehicle and may deny a registration or renewalA. 11243 5 1 application for any other motor vehicle registered in the name of the 2 applicant where the commissioner has determined that such registrant's 3 intent has been to evade the purposes of this subdivision and where the 4 commissioner has reasonable grounds to believe that such registration or 5 renewal will have the effect of defeating the purposes of this subdivi- 6 sion. Such denial shall only remain in effect as long as the summonses 7 remain unanswered, or in the case of an administrative tribunal, the 8 registrant fails to comply with the rules and regulations following 9 entry of a final decision. 10 § 1-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 11 and traffic law, as amended by section 8-d of chapter 222 of the laws of 12 2015, is amended to read as follows: 13 a. If at the time of application for a registration or renewal thereof 14 there is a certification from a court or administrative tribunal of 15 appropriate jurisdiction that the registrant or his or her represen- 16 tative failed to appear on the return date or any subsequent adjourned 17 date or failed to comply with the rules and regulations of an adminis- 18 trative tribunal following entry of a final decision in response to 19 three or more summonses or other process, issued within an eighteen 20 month period, charging that such motor vehicle was parked, stopped or 21 standing, or that such motor vehicle was operated for hire by the regis- 22 trant or his agent without being licensed as a motor vehicle for hire by 23 the appropriate local authority, in violation of any of the provisions 24 of this chapter or of any law, ordinance, rule or regulation made by a 25 local authority, or the registrant was liable in accordance with section 26 eleven hundred eighty-c of this chapter for violations of subdivision 27 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 28 ter, or the registrant was liable in accordance with section eleven 29 hundred eleven-d of this chapter for a violation of subdivision (d) of 30 section eleven hundred eleven of this chapter, or the registrant was 31 liable in accordance with section eleven hundred eleven-e of this chap- 32 ter for a violation of subdivision (d) of section eleven hundred eleven 33 of this chapter, or the registrant was liable in accordance with section 34 eleven hundred eleven-f of this chapter for a violation of subdivision 35 (d) of section eleven hundred eleven of this chapter, the commissioner 36 or his or her agent shall deny the registration or renewal application 37 until the applicant provides proof from the court or administrative 38 tribunal wherein the charges are pending that an appearance or answer 39 has been made or in the case of an administrative tribunal that he or 40 she has complied with the rules and regulations of said tribunal follow- 41 ing entry of a final decision. Where an application is denied pursuant 42 to this section, the commissioner may, in his or her discretion, deny a 43 registration or renewal application to any other person for the same 44 vehicle and may deny a registration or renewal application for any other 45 motor vehicle registered in the name of the applicant where the commis- 46 sioner has determined that such registrant's intent has been to evade 47 the purposes of this subdivision and where the commissioner has reason- 48 able grounds to believe that such registration or renewal will have the 49 effect of defeating the purposes of this subdivision. Such denial shall 50 only remain in effect as long as the summonses remain unanswered, or in 51 the case of an administrative tribunal, the registrant fails to comply 52 with the rules and regulations following entry of a final decision. 53 § 1-e. Paragraph a of subdivision 5-a of section 401 of the vehicle 54 and traffic law, as amended by section 8-e of chapter 222 of the laws of 55 2015, is amended to read as follows:A. 11243 6 1 a. If at the time of application for a registration or renewal thereof 2 there is a certification from a court or administrative tribunal of 3 appropriate jurisdiction that the registrant or his or her represen- 4 tative failed to appear on the return date or any subsequent adjourned 5 date or failed to comply with the rules and regulations of an adminis- 6 trative tribunal following entry of a final decision in response to 7 three or more summonses or other process, issued within an eighteen 8 month period, charging that such motor vehicle was parked, stopped or 9 standing, or that such motor vehicle was operated for hire by the regis- 10 trant or his or her agent without being licensed as a motor vehicle for 11 hire by the appropriate local authority, in violation of any of the 12 provisions of this chapter or of any law, ordinance, rule or regulation 13 made by a local authority, or the registrant was liable in accordance 14 with section eleven hundred eleven-d of this chapter for a violation of 15 subdivision (d) of section eleven hundred eleven of this chapter, or the 16 registrant was liable in accordance with section eleven hundred eleven-e 17 of this chapter for a violation of subdivision (d) of section eleven 18 hundred eleven of this chapter, or the registrant was liable in accord- 19 ance with section eleven hundred eleven-f of this chapter for a 20 violation of subdivision (d) of section eleven hundred eleven of this 21 chapter, the commissioner or his or her agent shall deny the registra- 22 tion or renewal application until the applicant provides proof from the 23 court or administrative tribunal wherein the charges are pending that an 24 appearance or answer has been made or in the case of an administrative 25 tribunal that he has complied with the rules and regulations of said 26 tribunal following entry of a final decision. Where an application is 27 denied pursuant to this section, the commissioner may, in his or her 28 discretion, deny a registration or renewal application to any other 29 person for the same vehicle and may deny a registration or renewal 30 application for any other motor vehicle registered in the name of the 31 applicant where the commissioner has determined that such registrant's 32 intent has been to evade the purposes of this subdivision and where the 33 commissioner has reasonable grounds to believe that such registration or 34 renewal will have the effect of defeating the purposes of this subdivi- 35 sion. Such denial shall only remain in effect as long as the summonses 36 remain unanswered, or in the case of an administrative tribunal, the 37 registrant fails to comply with the rules and regulations following 38 entry of a final decision. 39 § 1-f. Paragraph a of subdivision 5-a of section 401 of the vehicle 40 and traffic law, as amended by section 8-f of chapter 222 of the laws of 41 2015, is amended to read as follows: 42 a. If at the time of application for a registration or renewal thereof 43 there is a certification from a court or administrative tribunal of 44 appropriate jurisdiction that the registrant or his or her represen- 45 tative failed to appear on the return date or any subsequent adjourned 46 date or failed to comply with the rules and regulations of an adminis- 47 trative tribunal following entry of a final decision in response to 48 three or more summonses or other process, issued within an eighteen 49 month period, charging that such motor vehicle was parked, stopped or 50 standing, or that such motor vehicle was operated for hire by the regis- 51 trant or his or her agent without being licensed as a motor vehicle for 52 hire by the appropriate local authority, in violation of any of the 53 provisions of this chapter or of any law, ordinance, rule or regulation 54 made by a local authority, or the registrant was liable in accordance 55 with section eleven hundred eleven-e of this chapter for a violation of 56 subdivision (d) of section eleven hundred eleven of this chapter, or theA. 11243 7 1 registrant was liable in accordance with section eleven hundred eleven-f 2 of this chapter for a violation of subdivision (d) of section eleven 3 hundred eleven of this chapter, the commissioner or his or her agent 4 shall deny the registration or renewal application until the applicant 5 provides proof from the court or administrative tribunal wherein the 6 charges are pending that an appearance or answer has been made or in the 7 case of an administrative tribunal that he has complied with the rules 8 and regulations of said tribunal following entry of a final decision. 9 Where an application is denied pursuant to this section, the commission- 10 er may, in his or her discretion, deny a registration or renewal appli- 11 cation to any other person for the same vehicle and may deny a registra- 12 tion or renewal application for any other motor vehicle registered in 13 the name of the applicant where the commissioner has determined that 14 such registrant's intent has been to evade the purposes of this subdivi- 15 sion and where the commissioner has reasonable grounds to believe that 16 such registration or renewal will have the effect of defeating the 17 purposes of this subdivision. Such denial shall only remain in effect as 18 long as the summonses remain unanswered, or in the case of an adminis- 19 trative tribunal, the registrant fails to comply with the rules and 20 regulations following entry of a final decision. 21 § 1-g. Paragraph a of subdivision 5-a of section 401 of the vehicle 22 and traffic law, as separately amended by chapters 339 and 592 of the 23 laws of 1987, is amended to read as follows: 24 a. If at the time of application for a registration or renewal thereof 25 there is a certification from a court or administrative tribunal of 26 appropriate jurisdiction that the registrant or his representative 27 failed to appear on the return date or any subsequent adjourned date or 28 failed to comply with the rules and regulations of an administrative 29 tribunal following entry of a final decision in response to three or 30 more summonses or other process, issued within an eighteen month period, 31 charging that such motor vehicle was parked, stopped or standing, or 32 that such motor vehicle was operated for hire by the registrant or his 33 agent without being licensed as a motor vehicle for hire by the appro- 34 priate local authority, in violation of any of the provisions of this 35 chapter or of any law, ordinance, rule or regulation made by a local 36 authority, or the registrant was liable in accordance with section elev- 37 en hundred eleven-f of this chapter for a violation of subdivision (d) 38 of section eleven hundred eleven of this chapter, the commissioner or 39 his agent shall deny the registration or renewal application until the 40 applicant provides proof from the court or administrative tribunal wher- 41 ein the charges are pending that an appearance or answer has been made 42 or in the case of an administrative tribunal that he has complied with 43 the rules and regulations of said tribunal following entry of a final 44 decision. Where an application is denied pursuant to this section, the 45 commissioner may, in his discretion, deny a registration or renewal 46 application to any other person for the same vehicle and may deny a 47 registration or renewal application for any other motor vehicle regis- 48 tered in the name of the applicant where the commissioner has determined 49 that such registrant's intent has been to evade the purposes of this 50 subdivision and where the commissioner has reasonable grounds to believe 51 that such registration or renewal will have the effect of defeating the 52 purposes of this subdivision. Such denial shall only remain in effect as 53 long as the summonses remain unanswered, or in the case of an adminis- 54 trative tribunal, the registrant fails to comply with the rules and 55 regulations following entry of a final decision.A. 11243 8 1 § 2. The vehicle and traffic law is amended by adding a new section 2 1111-f to read as follows: 3 § 1111-f. Owner liability for failure of operator to comply with 4 traffic-control indications. (a) 1. Notwithstanding any other provision 5 of law, the county of Westchester is hereby authorized and empowered to 6 adopt and amend a local law or ordinance establishing a demonstration 7 program imposing monetary liability on the owner of a vehicle for fail- 8 ure of an operator thereof to comply with traffic-control indications in 9 such county in accordance with the provisions of this section. Such 10 demonstration program shall empower such county to install and operate 11 traffic-control signal photo violation-monitoring devices at no more 12 than one hundred intersections within and under the jurisdiction of such 13 county at any one time. 14 2. Such demonstration program shall utilize necessary technologies to 15 ensure, to the extent practicable, that photographs produced by such 16 traffic-control signal photo violation-monitoring systems shall not 17 include images that identify the driver, the passengers, or the contents 18 of the vehicle. Provided, however, that no notice of liability issued 19 pursuant to this section shall be dismissed solely because a photograph 20 or photographs allow for the identification of the contents of a vehi- 21 cle, provided that such county has made a reasonable effort to comply 22 with the provisions of this paragraph. 23 (b) In any such county which has adopted a local law or ordinance 24 pursuant to subdivision (a) of this section, the owner of a vehicle 25 shall be liable for a penalty imposed pursuant to this section if such 26 vehicle was used or operated with the permission of the owner, express 27 or implied, in violation of subdivision (d) of section eleven hundred 28 eleven of this article, and such violation is evidenced by information 29 obtained from a traffic-control signal photo violation-monitoring 30 system; provided however that no owner of a vehicle shall be liable for 31 a penalty imposed pursuant to this section where the operator of such 32 vehicle has been convicted of the underlying violation of subdivision 33 (d) of section eleven hundred eleven of this article. 34 (c) For purposes of this section, "owner" shall have the meaning 35 provided in article two-B of this chapter. For purposes of this section, 36 "traffic-control signal photo violation-monitoring system" shall mean a 37 vehicle sensor installed to work in conjunction with a traffic-control 38 signal which automatically produces two or more photographs, two or more 39 microphotographs, a videotape or other recorded images of each vehicle 40 at the time it is used or operated in violation of subdivision (d) of 41 section eleven hundred eleven of this article. 42 (d) A certificate, sworn to or affirmed by a technician employed by 43 Westchester county in which the charged violation occurred, or a facsim- 44 ile thereof, based upon inspection of photographs, microphotographs, 45 videotape or other recorded images produced by a traffic-control signal 46 photo violation-monitoring system, shall be prima facie evidence of the 47 facts contained therein. Any photographs, microphotographs, videotape or 48 other recorded images evidencing such a violation shall be available for 49 inspection in any proceeding to adjudicate the liability for such 50 violation pursuant to a local law or ordinance adopted pursuant to this 51 section. 52 (e) An owner liable for a violation of subdivision (d) of section 53 eleven hundred eleven of this article pursuant to a local law or ordi- 54 nance adopted pursuant to this section shall be liable for monetary 55 penalties in accordance with a schedule of fines and penalties to be set 56 forth in such local law or ordinance. The liability of the owner pursu-A. 11243 9 1 ant to this section shall not exceed fifty dollars for each violation; 2 provided, however, that such local law or ordinance may provide for an 3 additional penalty not in excess of twenty-five dollars for each 4 violation for the failure to respond to a notice of liability within the 5 prescribed time period. 6 (f) An imposition of liability under a local law or ordinance adopted 7 pursuant to this section shall not be deemed a conviction as an operator 8 and shall not be made part of the operating record of the person upon 9 whom such liability is imposed nor shall it be used for insurance 10 purposes in the provision of motor vehicle insurance coverage. 11 (g) 1. A notice of liability shall be sent by first class mail to each 12 person alleged to be liable as an owner for a violation of subdivision 13 (d) of section eleven hundred eleven of this article pursuant to this 14 section. Personal delivery on the owner shall not be required. A manual 15 or automatic record of mailing prepared in the ordinary course of busi- 16 ness shall be prima facie evidence of the facts contained therein. 17 2. A notice of liability shall contain the name and address of the 18 person alleged to be liable as an owner for a violation of subdivision 19 (d) of section eleven hundred eleven of this article pursuant to this 20 section, the registration number of the vehicle involved in such 21 violation, the location where such violation took place, the date and 22 time of such violation and the identification number of the camera which 23 recorded the violation or other document locator number. 24 3. The notice of liability shall contain information advising the 25 person charged of the manner and the time in which he or she may contest 26 the liability alleged in the notice. Such notice of liability shall also 27 contain a warning to advise the persons charged that failure to contest 28 in the manner and time provided shall be deemed an admission of liabil- 29 ity and that a default judgment may be entered thereon. 30 4. The notice of liability shall be prepared and mailed by Westchester 31 county or by any other entity authorized by such county to prepare and 32 mail such notification of violation. 33 (h) Adjudication of the liability imposed upon owners by this section 34 shall be by the court having jurisdiction over traffic infractions. 35 (i) If an owner receives a notice of liability pursuant to this 36 section for any time period during which the vehicle was reported to the 37 police department as having been stolen, it shall be a valid defense to 38 an allegation of liability for a violation of subdivision (d) of section 39 eleven hundred eleven of this article pursuant to this section that the 40 vehicle had been reported to the police as stolen prior to the time the 41 violation occurred and had not been recovered by such time. For 42 purposes of asserting the defense provided by this subdivision it shall 43 be sufficient that a certified copy of the police report on the stolen 44 vehicle be sent by first class mail to the court having jurisdiction. 45 (j) An owner who is a lessor of a vehicle to which a notice of liabil- 46 ity was issued pursuant to subdivision (g) of this section shall not be 47 liable for the violation of subdivision (d) of section eleven hundred 48 eleven of this article, provided that he or she sends to the court 49 having jurisdiction a copy of the rental, lease or other such contract 50 document covering such vehicle on the date of the violation, with the 51 name and address of the lessee clearly legible, within thirty-seven days 52 after receiving notice from the court of the date and time of such 53 violation, together with the other information contained in the original 54 notice of liability. Failure to send such information within such thir- 55 ty-seven day time period shall render the owner liable for the penalty 56 prescribed by this section. Where the lessor complies with theA. 11243 10 1 provisions of this paragraph, the lessee of such vehicle on the date of 2 such violation shall be deemed to be the owner of such vehicle for 3 purposes of this section, shall be subject to liability for the 4 violation of subdivision (d) of section eleven hundred eleven of this 5 article pursuant to this section and shall be sent a notice of liability 6 pursuant to subdivision (g) of this section. 7 (k) 1. If the owner liable for a violation of subdivision (d) of 8 section eleven hundred eleven of this article pursuant to this section 9 was not the operator of the vehicle at the time of the violation, the 10 owner may maintain an action for indemnification against the operator. 11 2. Notwithstanding any other provision of this section, no owner of a 12 vehicle shall be subject to a monetary fine imposed pursuant to this 13 section if the operator of such vehicle was operating such vehicle with- 14 out the consent of the owner at the time such operator failed to obey a 15 traffic-control indication. For purposes of this subdivision there shall 16 be a presumption that the operator of such vehicle was operating such 17 vehicle with the consent of the owner at the time such operator failed 18 to obey a traffic-control indication. 19 (l) Nothing in this section shall be construed to limit the liability 20 of an operator of a vehicle for any violation of subdivision (d) of 21 section eleven hundred eleven of this article. 22 (m) When a county has established a demonstration program pursuant to 23 this section, all fines and penalties collected under such program shall 24 be made to the county commissioner of finance within the first ten days 25 of the month following collection. 26 (n) In any such county which adopts a demonstration program pursuant 27 to subdivision (a) of this section, such county shall submit an annual 28 report on the results of the use of a traffic-control signal photo 29 violation-monitoring system to the governor, the temporary president of 30 the senate and the speaker of the assembly on or before June first, two 31 thousand nineteen and on the same date in each succeeding year in which 32 the demonstration program is operable. Such report shall include, but 33 not be limited to: 34 1. a description of the locations where traffic-control signal photo 35 violation-monitoring systems were used; 36 2. the aggregate number, type and severity of accidents reported at 37 intersections where a traffic-control signal photo violation-monitoring 38 system is used for the year preceding the installation of such system, 39 to the extent the information is maintained by the department of motor 40 vehicles of this state; 41 3. the aggregate number, type and severity of accidents reported at 42 intersections where a traffic-control signal photo violation-monitoring 43 system is used, to the extent the information is maintained by the 44 department of motor vehicles of this state; 45 4. the number of violations recorded at each intersection where a 46 traffic-control signal photo violation-monitoring system is used and in 47 the aggregate on a daily, weekly and monthly basis; 48 5. the total number of notices of liability issued for violations 49 recorded by such systems; 50 6. the number of fines and total amount of fines paid after first 51 notice of liability; 52 7. the number of violations adjudicated and results of such adjudi- 53 cations including breakdowns of disposition made for violations recorded 54 by such systems; 55 8. the total amount of revenue realized by such county from such adju- 56 dications;A. 11243 11 1 9. expenses incurred by such county in connection with the program; 2 and 3 10. quality of the adjudication process and its results. 4 (o) It shall be a defense to any prosecution for a violation of subdi- 5 vision (d) of section eleven hundred eleven of this article pursuant to 6 a local law or ordinance adopted pursuant to this section that such 7 traffic-control indications were malfunctioning at the time of the 8 alleged violation. 9 § 3. The opening paragraph and paragraph (c) of subdivision 1 of 10 section 1809 of the vehicle and traffic law, as amended by section 10 of 11 chapter 222 of the laws of 2015, are amended to read as follows: 12 Whenever proceedings in an administrative tribunal or a court of this 13 state result in a conviction for an offense under this chapter or a 14 traffic infraction under this chapter, or a local law, ordinance, rule 15 or regulation adopted pursuant to this chapter, other than a traffic 16 infraction involving standing, stopping, or parking or violations by 17 pedestrians or bicyclists, or other than an adjudication of liability of 18 an owner for a violation of subdivision (d) of section eleven hundred 19 eleven of this chapter in accordance with section eleven hundred 20 eleven-a of this chapter, or other than an adjudication of liability of 21 an owner for a violation of subdivision (d) of section eleven hundred 22 eleven of this chapter in accordance with section eleven hundred 23 eleven-b of this chapter, or other than an adjudication in accordance 24 with section eleven hundred eleven-c of this chapter for a violation of 25 a bus lane restriction as defined in such section, or other than an 26 adjudication of liability of an owner for a violation of subdivision (d) 27 of section eleven hundred eleven of this chapter in accordance with 28 section eleven hundred eleven-d of this chapter, or other than an adju- 29 dication of liability of an owner for a violation of subdivision (b), 30 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 31 accordance with section eleven hundred eighty-b of this chapter, or 32 other than an adjudication of liability of an owner for a violation of 33 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 34 of this chapter in accordance with section eleven hundred eighty-c of 35 this chapter, or other than an adjudication of liability of an owner for 36 a violation of subdivision (d) of section eleven hundred eleven of this 37 chapter in accordance with section eleven hundred eleven-e of this chap- 38 ter, or other than an adjudication of liability of an owner for a 39 violation of subdivision (d) of section eleven hundred eleven of this 40 chapter in accordance with section eleven hundred eleven-f of this chap- 41 ter, there shall be levied a crime victim assistance fee and a mandatory 42 surcharge, in addition to any sentence required or permitted by law, in 43 accordance with the following schedule: 44 (c) Whenever proceedings in an administrative tribunal or a court of 45 this state result in a conviction for an offense under this chapter 46 other than a crime pursuant to section eleven hundred ninety-two of this 47 chapter, or a traffic infraction under this chapter, or a local law, 48 ordinance, rule or regulation adopted pursuant to this chapter, other 49 than a traffic infraction involving standing, stopping, or parking or 50 violations by pedestrians or bicyclists, or other than an adjudication 51 of liability of an owner for a violation of subdivision (d) of section 52 eleven hundred eleven of this chapter in accordance with section eleven 53 hundred eleven-a of this chapter, or other than an adjudication of 54 liability of an owner for a violation of subdivision (d) of section 55 eleven hundred eleven of this chapter in accordance with section eleven 56 hundred eleven-b of this chapter, or other than an adjudication ofA. 11243 12 1 liability of an owner for a violation of subdivision (d) of section 2 eleven hundred eleven of this chapter in accordance with section eleven 3 hundred eleven-d of this chapter, or other than an infraction pursuant 4 to article nine of this chapter or other than an adjudication of liabil- 5 ity of an owner for a violation of toll collection regulations pursuant 6 to section two thousand nine hundred eighty-five of the public authori- 7 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 8 hundred seventy-four of the laws of nineteen hundred fifty or other than 9 an adjudication in accordance with section eleven hundred eleven-c of 10 this chapter for a violation of a bus lane restriction as defined in 11 such section, or other than an adjudication of liability of an owner for 12 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 13 hundred eighty of this chapter in accordance with section eleven hundred 14 eighty-b of this chapter, or other than an adjudication of liability of 15 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of 16 section eleven hundred eighty of this chapter in accordance with section 17 eleven hundred eighty-c of this chapter, or other than an adjudication 18 of liability of an owner for a violation of subdivision (d) of section 19 eleven hundred eleven of this chapter in accordance with section eleven 20 hundred eleven-e of this chapter, or other than an adjudication of 21 liability of an owner for a violation of subdivision (d) of section 22 eleven hundred eleven of this chapter in accordance with section eleven 23 hundred eleven-f of this chapter, there shall be levied a crime victim 24 assistance fee in the amount of five dollars and a mandatory surcharge, 25 in addition to any sentence required or permitted by law, in the amount 26 of fifty-five dollars. 27 § 3-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 28 as amended by section 10-a of chapter 222 of the laws of 2015, is 29 amended to read as follows: 30 1. Whenever proceedings in an administrative tribunal or a court of 31 this state result in a conviction for a crime under this chapter or a 32 traffic infraction under this chapter, or a local law, ordinance, rule 33 or regulation adopted pursuant to this chapter, other than a traffic 34 infraction involving standing, stopping, parking or motor vehicle equip- 35 ment or violations by pedestrians or bicyclists, or other than an adju- 36 dication of liability of an owner for a violation of subdivision (d) of 37 section eleven hundred eleven of this chapter in accordance with section 38 eleven hundred eleven-a of this chapter, or other than an adjudication 39 of liability of an owner for a violation of subdivision (d) of section 40 eleven hundred eleven of this chapter in accordance with section eleven 41 hundred eleven-b of this chapter, or other than an adjudication in 42 accordance with section eleven hundred eleven-c of this chapter for a 43 violation of a bus lane restriction as defined in such section, or other 44 than an adjudication of liability of an owner for a violation of subdi- 45 vision (d) of section eleven hundred eleven of this chapter in accord- 46 ance with section eleven hundred eleven-d of this chapter, or other than 47 an adjudication of liability of an owner for a violation of subdivision 48 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 49 ter in accordance with section eleven hundred eighty-b of this chapter, 50 or other than an adjudication of liability of an owner for a violation 51 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 52 eighty of this chapter in accordance with section eleven hundred eight- 53 y-c of this chapter, or other than an adjudication of liability of an 54 owner for a violation of subdivision (d) of section eleven hundred elev- 55 en of this chapter in accordance with section eleven hundred eleven-e of 56 this chapter, or other than an adjudication of liability of an owner forA. 11243 13 1 a violation of subdivision (d) of section eleven hundred eleven of this 2 chapter in accordance with section eleven hundred eleven-f of this chap- 3 ter, there shall be levied a mandatory surcharge, in addition to any 4 sentence required or permitted by law, in the amount of twenty-five 5 dollars. 6 § 3-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 7 as amended by section 10-b of chapter 222 of the laws of 2015, is 8 amended to read as follows: 9 1. Whenever proceedings in an administrative tribunal or a court of 10 this state result in a conviction for a crime under this chapter or a 11 traffic infraction under this chapter other than a traffic infraction 12 involving standing, stopping, parking or motor vehicle equipment or 13 violations by pedestrians or bicyclists, or other than an adjudication 14 in accordance with section eleven hundred eleven-c of this chapter for a 15 violation of a bus lane restriction as defined in such section, or other 16 than an adjudication of liability of an owner for a violation of subdi- 17 vision (d) of section eleven hundred eleven of this chapter in accord- 18 ance with section eleven hundred eleven-d of this chapter, or other than 19 an adjudication of liability of an owner for a violation of subdivision 20 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 21 ter in accordance with section eleven hundred eighty-b of this chapter, 22 or other than an adjudication of liability of an owner for a violation 23 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 24 eighty of this chapter in accordance with section eleven hundred eight- 25 y-c of this chapter, or other than an adjudication of liability of an 26 owner for a violation of subdivision (d) of section eleven hundred elev- 27 en of this chapter in accordance with section eleven hundred eleven-e of 28 this chapter, or other than an adjudication of liability of an owner for 29 a violation of subdivision (d) of section eleven hundred eleven of this 30 chapter in accordance with section eleven hundred eleven-f of this chap- 31 ter, there shall be levied a mandatory surcharge, in addition to any 32 sentence required or permitted by law, in the amount of seventeen 33 dollars. 34 § 3-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 35 as amended by section 10-c of chapter 222 of the laws of 2015, is 36 amended to read as follows: 37 1. Whenever proceedings in an administrative tribunal or a court of 38 this state result in a conviction for a crime under this chapter or a 39 traffic infraction under this chapter other than a traffic infraction 40 involving standing, stopping, parking or motor vehicle equipment or 41 violations by pedestrians or bicyclists, or other than an adjudication 42 of liability of an owner for a violation of subdivision (b), (c), (d), 43 (f) or (g) of section eleven hundred eighty of this chapter in accord- 44 ance with section eleven hundred eighty-b of this chapter, or other than 45 an adjudication of liability of an owner for a violation of subdivision 46 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 47 ter in accordance with section eleven hundred eighty-c of this chapter, 48 or other than an adjudication of liability of an owner for a violation 49 of subdivision (d) of section eleven hundred eleven of this chapter in 50 accordance with section eleven hundred eleven-d of this chapter, or 51 other than an adjudication of liability of an owner for a violation of 52 subdivision (d) of section eleven hundred eleven of this chapter in 53 accordance with section eleven hundred eleven-e of this chapter, or 54 other than an adjudication of liability of an owner for a violation of 55 subdivision (d) of section eleven hundred eleven of this chapter in 56 accordance with section eleven hundred eleven-f of this chapter, thereA. 11243 14 1 shall be levied a mandatory surcharge, in addition to any sentence 2 required or permitted by law, in the amount of seventeen dollars. 3 § 3-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 4 as amended by section 10-d of chapter 222 of the laws of 2015, is 5 amended to read as follows: 6 1. Whenever proceedings in an administrative tribunal or a court of 7 this state result in a conviction for a crime under this chapter or a 8 traffic infraction under this chapter other than a traffic infraction 9 involving standing, stopping, parking or motor vehicle equipment or 10 violations by pedestrians or bicyclists, or other than an adjudication 11 of liability of an owner for a violation of subdivision (b), (c), (d), 12 (f) or (g) of section eleven hundred eighty of this chapter in accord- 13 ance with section eleven hundred eighty-c of this chapter, or other than 14 an adjudication of liability of an owner for a violation of subdivision 15 (d) of section eleven hundred eleven of this chapter in accordance with 16 section eleven hundred eleven-d of this chapter, or other than an adju- 17 dication of liability of an owner for a violation of subdivision (d) of 18 section eleven hundred eleven of this chapter in accordance with section 19 eleven hundred eleven-e of this chapter, or other than an adjudication 20 of liability of an owner for a violation of subdivision (d) of section 21 eleven hundred eleven of this chapter in accordance with section eleven 22 hundred eleven-f of this chapter, there shall be levied a mandatory 23 surcharge, in addition to any sentence required or permitted by law, in 24 the amount of seventeen dollars. 25 § 3-e. Subdivision 1 of section 1809 of the vehicle and traffic law, 26 as amended by section 10-e of chapter 222 of the laws of 2015, is 27 amended to read as follows: 28 1. Whenever proceedings in an administrative tribunal or a court of 29 this state result in a conviction for a crime under this chapter or a 30 traffic infraction under this chapter other than a traffic infraction 31 involving standing, stopping, parking or motor vehicle equipment or 32 violations by pedestrians or bicyclists, or other than an adjudication 33 of liability of an owner for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter in accordance with section eleven 35 hundred eleven-d of this chapter, or other than an adjudication of 36 liability of an owner for a violation of subdivision (d) of section 37 eleven hundred eleven of this chapter in accordance with section eleven 38 hundred eleven-e of this chapter, or other than an adjudication of 39 liability of an owner for a violation of subdivision (d) of section 40 eleven hundred eleven of this chapter in accordance with section eleven 41 hundred eleven-f of this chapter, there shall be levied a mandatory 42 surcharge, in addition to any sentence required or permitted by law, in 43 the amount of seventeen dollars. 44 § 3-f. Subdivision 1 of section 1809 of the vehicle and traffic law, 45 as amended by section 10-f of chapter 222 of the laws of 2015, is 46 amended to read as follows: 47 1. Whenever proceedings in an administrative tribunal or a court of 48 this state result in a conviction for a crime under this chapter or a 49 traffic infraction under this chapter other than a traffic infraction 50 involving standing, stopping, parking or motor vehicle equipment or 51 violations by pedestrians or bicyclists, or other than an adjudication 52 of liability of an owner for a violation of subdivision (d) of section 53 eleven hundred eleven of this chapter in accordance with section eleven 54 hundred eleven-e of this chapter, or other than an adjudication of 55 liability of an owner for a violation of subdivision (d) of section 56 eleven hundred eleven of this chapter in accordance with section elevenA. 11243 15 1 hundred eleven-f of this chapter, there shall be levied a mandatory 2 surcharge, in addition to any sentence required or permitted by law, in 3 the amount of seventeen dollars. 4 § 3-g. Subdivision 1 of section 1809 of the vehicle and traffic law, 5 as separately amended by chapter 16 of the laws of 1983 and chapter 62 6 of the laws of 1989, is amended to read as follows: 7 1. Whenever proceedings in an administrative tribunal or a court of 8 this state result in a conviction for a crime under this chapter or a 9 traffic infraction under this chapter other than a traffic infraction 10 involving standing, stopping, parking or motor vehicle equipment or 11 violations by pedestrians or bicyclists, or other than an adjudication 12 of liability of an owner for a violation of subdivision (d) of section 13 eleven hundred eleven of this chapter in accordance with section eleven 14 hundred eleven-f of this chapter, there shall be levied a mandatory 15 surcharge, in addition to any sentence required or permitted by law, in 16 the amount of seventeen dollars. 17 § 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and 18 traffic law, as amended by section 11 of chapter 222 of the laws of 19 2015, is amended to read as follows: 20 a. Notwithstanding any other provision of law, whenever proceedings in 21 a court or an administrative tribunal of this state result in a 22 conviction for an offense under this chapter, except a conviction pursu- 23 ant to section eleven hundred ninety-two of this chapter, or for a traf- 24 fic infraction under this chapter, or a local law, ordinance, rule or 25 regulation adopted pursuant to this chapter, except a traffic infraction 26 involving standing, stopping, or parking or violations by pedestrians or 27 bicyclists, and except an adjudication of liability of an owner for a 28 violation of subdivision (d) of section eleven hundred eleven of this 29 chapter in accordance with section eleven hundred eleven-a of this chap- 30 ter or in accordance with section eleven hundred eleven-d of this chap- 31 ter, or in accordance with section eleven hundred eleven-e of this chap- 32 ter, or in accordance with section eleven hundred eleven-f of this 33 chapter, and except an adjudication of liability of an owner for a 34 violation of subdivision (d) of section eleven hundred eleven of this 35 chapter in accordance with section eleven hundred eleven-b of this chap- 36 ter, and except an adjudication in accordance with section eleven 37 hundred eleven-c of this chapter of a violation of a bus lane 38 restriction as defined in such section, and except an adjudication of 39 liability of an owner for a violation of subdivision (b), (c), (d), (f) 40 or (g) of section eleven hundred eighty of this chapter in accordance 41 with section eleven hundred eighty-b of this chapter, and except an 42 adjudication of liability of an owner for a violation of subdivision 43 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 44 ter in accordance with section eleven hundred eighty-c of this chapter, 45 and except an adjudication of liability of an owner for a violation of 46 toll collection regulations pursuant to section two thousand nine 47 hundred eighty-five of the public authorities law or sections sixteen-a, 48 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 49 laws of nineteen hundred fifty, there shall be levied in addition to any 50 sentence, penalty or other surcharge required or permitted by law, an 51 additional surcharge of twenty-eight dollars. 52 § 4-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 53 and traffic law, as amended by section 11-a of chapter 222 of the laws 54 of 2015, is amended to read as follows: 55 a. Notwithstanding any other provision of law, whenever proceedings in 56 a court or an administrative tribunal of this state result in aA. 11243 16 1 conviction for an offense under this chapter, except a conviction pursu- 2 ant to section eleven hundred ninety-two of this chapter, or for a traf- 3 fic infraction under this chapter, or a local law, ordinance, rule or 4 regulation adopted pursuant to this chapter, except a traffic infraction 5 involving standing, stopping, or parking or violations by pedestrians or 6 bicyclists, and except an adjudication of liability of an owner for a 7 violation of subdivision (d) of section eleven hundred eleven of this 8 chapter in accordance with section eleven hundred eleven-a of this chap- 9 ter or in accordance with section eleven hundred eleven-d of this chap- 10 ter or in accordance with section eleven hundred eleven-e of this chap- 11 ter or in accordance with section eleven hundred eleven-f of this 12 chapter, and except an adjudication in accordance with section eleven 13 hundred eleven-c of this chapter of a violation of a bus lane 14 restriction as defined in such section, and except an adjudication of 15 liability of an owner for a violation of subdivision (b), (c), (d), (f) 16 or (g) of section eleven hundred eighty of this chapter in accordance 17 with section eleven hundred eighty-b of this chapter, and except an 18 adjudication of liability of an owner for a violation of subdivision 19 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 20 ter in accordance with section eleven hundred eighty-c of this chapter, 21 and except an adjudication of liability of an owner for a violation of 22 toll collection regulations pursuant to section two thousand nine 23 hundred eighty-five of the public authorities law or sections sixteen-a, 24 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 25 laws of nineteen hundred fifty, there shall be levied in addition to any 26 sentence, penalty or other surcharge required or permitted by law, an 27 additional surcharge of twenty-eight dollars. 28 § 4-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 29 and traffic law, as amended by section 11-b of chapter 222 of the laws 30 of 2015, is amended to read as follows: 31 a. Notwithstanding any other provision of law, whenever proceedings in 32 a court or an administrative tribunal of this state result in a 33 conviction for an offense under this chapter, except a conviction pursu- 34 ant to section eleven hundred ninety-two of this chapter, or for a traf- 35 fic infraction under this chapter, or a local law, ordinance, rule or 36 regulation adopted pursuant to this chapter, except a traffic infraction 37 involving standing, stopping, or parking or violations by pedestrians or 38 bicyclists, and except an adjudication of liability of an owner for a 39 violation of subdivision (d) of section eleven hundred eleven of this 40 chapter in accordance with section eleven hundred eleven-a of this chap- 41 ter or in accordance with section eleven hundred eleven-d of this chap- 42 ter or in accordance with section eleven hundred eleven-e of this chap- 43 ter or in accordance with section eleven hundred eleven-f of this 44 chapter, and except an adjudication of liability of an owner for a 45 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 46 hundred eighty of this chapter in accordance with section eleven hundred 47 eighty-b of this chapter, and except an adjudication of liability of an 48 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 49 section eleven hundred eighty of this chapter in accordance with section 50 eleven hundred eighty-c of this chapter, and except an adjudication of 51 liability of an owner for a violation of toll collection regulations 52 pursuant to section two thousand nine hundred eighty-five of the public 53 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- 54 ter seven hundred seventy-four of the laws of nineteen hundred fifty, 55 there shall be levied in addition to any sentence, penalty or otherA. 11243 17 1 surcharge required or permitted by law, an additional surcharge of twen- 2 ty-eight dollars. 3 § 4-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 4 and traffic law, as amended by section 11-c of chapter 222 of the laws 5 of 2015, is amended to read as follows: 6 a. Notwithstanding any other provision of law, whenever proceedings in 7 a court or an administrative tribunal of this state result in a 8 conviction for an offense under this chapter, except a conviction pursu- 9 ant to section eleven hundred ninety-two of this chapter, or for a traf- 10 fic infraction under this chapter, or a local law, ordinance, rule or 11 regulation adopted pursuant to this chapter, except a traffic infraction 12 involving standing, stopping, or parking or violations by pedestrians or 13 bicyclists, and except an adjudication of liability of an owner for a 14 violation of subdivision (d) of section eleven hundred eleven of this 15 chapter in accordance with section eleven hundred eleven-a of this chap- 16 ter or in accordance with section eleven hundred eleven-d of this chap- 17 ter or in accordance with section eleven hundred eleven-e of this chap- 18 ter or in accordance with section eleven hundred eleven-f of this 19 chapter, and except an adjudication of liability of an owner for a 20 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 21 hundred eighty of this chapter in accordance with section eleven hundred 22 eighty-c of this chapter, and except an adjudication of liability of an 23 owner for a violation of toll collection regulations pursuant to section 24 two thousand nine hundred eighty-five of the public authorities law or 25 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 26 seventy-four of the laws of nineteen hundred fifty, there shall be 27 levied in addition to any sentence, penalty or other surcharge required 28 or permitted by law, an additional surcharge of twenty-eight dollars. 29 § 4-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle 30 and traffic law, as amended by section 11-d of chapter 222 of the laws 31 of 2015, is amended to read as follows: 32 a. Notwithstanding any other provision of law, whenever proceedings in 33 a court or an administrative tribunal of this state result in a 34 conviction for an offense under this chapter, except a conviction pursu- 35 ant to section eleven hundred ninety-two of this chapter, or for a traf- 36 fic infraction under this chapter, or a local law, ordinance, rule or 37 regulation adopted pursuant to this chapter, except a traffic infraction 38 involving standing, stopping, or parking or violations by pedestrians or 39 bicyclists, and except an adjudication of liability of an owner for a 40 violation of subdivision (d) of section eleven hundred eleven of this 41 chapter in accordance with section eleven hundred eleven-a of this chap- 42 ter or in accordance with section eleven hundred eleven-d of this chap- 43 ter or in accordance with section eleven hundred eleven-e of this chap- 44 ter or in accordance with section eleven hundred eleven-f of this 45 chapter, and except an adjudication of liability of an owner for a 46 violation of toll collection regulations pursuant to section two thou- 47 sand nine hundred eighty-five of the public authorities law or sections 48 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 49 of the laws of nineteen hundred fifty, there shall be levied in addition 50 to any sentence, penalty or other surcharge required or permitted by 51 law, an additional surcharge of twenty-eight dollars. 52 § 4-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle 53 and traffic law, as amended by section 11-e of chapter 222 of the laws 54 of 2015, is amended to read as follows: 55 a. Notwithstanding any other provision of law, whenever proceedings in 56 a court or an administrative tribunal of this state result in aA. 11243 18 1 conviction for an offense under this chapter, except a conviction pursu- 2 ant to section eleven hundred ninety-two of this chapter, or for a traf- 3 fic infraction under this chapter, or a local law, ordinance, rule or 4 regulation adopted pursuant to this chapter, except a traffic infraction 5 involving standing, stopping, or parking or violations by pedestrians or 6 bicyclists, and except an adjudication of liability of an owner for a 7 violation of subdivision (d) of section eleven hundred eleven of this 8 chapter in accordance with section eleven hundred eleven-a of this chap- 9 ter or in accordance with section eleven hundred eleven-e of this chap- 10 ter or in accordance with section eleven hundred eleven-f of this chap- 11 ter, and except an adjudication of liability of an owner for a violation 12 of toll collection regulations pursuant to section two thousand nine 13 hundred eighty-five of the public authorities law or sections sixteen-a, 14 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 15 laws of nineteen hundred fifty, there shall be levied in addition to any 16 sentence, penalty or other surcharge required or permitted by law, an 17 additional surcharge of twenty-eight dollars. 18 § 4-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle 19 and traffic law, as amended by section 5 of part C of chapter 55 of the 20 laws of 2013, is amended to read as follows: 21 a. Notwithstanding any other provision of law, whenever proceedings in 22 a court or an administrative tribunal of this state result in a 23 conviction for an offense under this chapter, except a conviction pursu- 24 ant to section eleven hundred ninety-two of this chapter, or for a traf- 25 fic infraction under this chapter, or a local law, ordinance, rule or 26 regulation adopted pursuant to this chapter, except a traffic infraction 27 involving standing, stopping, or parking or violations by pedestrians or 28 bicyclists, and except an adjudication of liability of an owner for a 29 violation of subdivision (d) of section eleven hundred eleven of this 30 chapter in accordance with section eleven hundred eleven-a of this chap- 31 ter or in accordance with section eleven hundred eleven-f of this chap- 32 ter, and except an adjudication of liability of an owner for a violation 33 of toll collection regulations pursuant to section two thousand nine 34 hundred eighty-five of the public authorities law or sections sixteen-a, 35 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 36 laws of nineteen hundred fifty, there shall be levied in addition to any 37 sentence, penalty or other surcharge required or permitted by law, an 38 additional surcharge of twenty-eight dollars. 39 § 5. Subdivision 2 of section 87 of the public officers law is amended 40 by adding a new paragraph (p) to read as follows: 41 (p) are photographs, microphotographs, videotape or other recorded 42 images prepared under authority of section eleven hundred eleven-f of 43 the vehicle and traffic law. 44 § 6. Section 370 of the general municipal law is amended by adding a 45 new subdivision 6 to read as follows: 46 6. There shall be a department of the Westchester county government 47 known as the Westchester county traffic and parking violations agency, 48 which shall operate under the direction and control of the county execu- 49 tive. 50 § 7. Subdivision 1 of section 370-a of the general municipal law, as 51 amended by chapter 388 of the laws of 2012, is amended to read as 52 follows: 53 1. "Traffic and parking violations agency" shall mean a department of 54 the Nassau county government established pursuant to subdivision two of 55 section three hundred seventy of this article or a department in the 56 Suffolk county government established pursuant to subdivision three ofA. 11243 19 1 such section or a department in the Westchester county government estab- 2 lished pursuant to subdivision six of such section to administer and 3 dispose of traffic and parking infractions. 4 § 7-a. Subdivision 2 of section 370-a of the general municipal law, as 5 amended by section 5 of part CC of chapter 58 of the laws of 2015, is 6 amended to read as follows: 7 2. "Traffic prosecutor" shall mean an attorney duly admitted to prac- 8 tice law in the state of New York who, having been appointed and either 9 hired or retained pursuant to section three hundred seventy-four of this 10 article, has the responsibility of prosecuting any traffic and parking 11 infractions returnable before the Nassau county district court or the 12 Suffolk county district court or the city, town and village courts with- 13 in the county of Westchester or any traffic infractions returnable 14 before the Buffalo city court pursuant to the jurisdictional limitations 15 of section three hundred seventy-one of this article. 16 § 8. Subdivisions 2 and 3 of section 371 of the general municipal law, 17 as amended by chapter 43 of the laws of 2014, are amended to read as 18 follows: 19 2. The Nassau county traffic and parking violations agency, as estab- 20 lished, may be authorized to assist the Nassau county district court, 21 and the Suffolk county traffic and parking violations agency, as estab- 22 lished, may be authorized to assist the Suffolk county district court, 23 and the Westchester county traffic and parking violations agency, as 24 established, may be authorized to assist the city, town and village 25 courts in Westchester county, in the disposition and administration of 26 infractions of traffic and parking laws, ordinances, rules and regu- 27 lations and the liability of owners for violations of subdivision (d) of 28 section eleven hundred eleven of the vehicle and traffic law in accord- 29 ance with section eleven hundred eleven-b or section eleven hundred 30 eleven-f of such law and the liability of owners for violations of 31 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 32 of the vehicle and traffic law in accordance with section eleven hundred 33 eighty-c of such law, except that such agencies shall not have jurisdic- 34 tion over (a) the traffic infraction defined under subdivision one of 35 section eleven hundred ninety-two of the vehicle and traffic law; (b) 36 the traffic infraction defined under subdivision five of section eleven 37 hundred ninety-two of the vehicle and traffic law; (c) the violation 38 defined under paragraph (b) of subdivision four of section fourteen-f of 39 the transportation law and the violation defined under clause (b) of 40 subparagraph (iii) of paragraph c of subdivision two of section one 41 hundred forty of the transportation law; (d) the traffic infraction 42 defined under section three hundred ninety-seven-a of the vehicle and 43 traffic law and the traffic infraction defined under subdivision (g) of 44 section eleven hundred eighty of the vehicle and traffic law; (e) any 45 misdemeanor or felony; [or] (f) any offense that is part of the same 46 criminal transaction, as that term is defined in subdivision two of 47 section 40.10 of the criminal procedure law, as a violation of subdivi- 48 sion one of section eleven hundred ninety-two of the vehicle and traffic 49 law, a violation of subdivision five of section eleven hundred ninety- 50 two of the vehicle and traffic law, a violation of paragraph (b) of 51 subdivision four of section fourteen-f of the transportation law, a 52 violation of clause (b) of subparagraph (iii) of paragraph c of subdivi- 53 sion two of section one hundred forty of the transportation law, a 54 violation of section three hundred ninety-seven-a of the vehicle and 55 traffic law, a violation of subdivision (g) of section eleven hundred 56 eighty of the vehicle and traffic law or any misdemeanor or felony; orA. 11243 20 1 (g) with respect to the Westchester county traffic and parking 2 violations agency, any traffic violation returnable to a court for which 3 a traffic violations bureau has been established pursuant to subdivision 4 one of this section, any parking violation returnable to a court for 5 which a parking violations bureau has been established pursuant to arti- 6 cle two-B of the vehicle and traffic law, any liability of owners for 7 violations of subdivision (d) of section eleven hundred eleven of the 8 vehicle and traffic law in accordance with section eleven hundred 9 eleven-b, section eleven hundred eleven-d or section eleven hundred 10 eleven-e of the vehicle and traffic law, or any traffic or parking 11 violation returnable to a court of a city, town or village which has 12 elected pursuant to the enactment of a local law, ordinance or resol- 13 ution to not authorize the Westchester county traffic and parking 14 violations agency to assist the court of such city, town or village in 15 the disposition and administration of infractions of traffic and parking 16 laws, ordinances, rules and regulations. 17 3. A person charged with an infraction which shall be disposed of by 18 either a traffic violations bureau, the Nassau county traffic and park- 19 ing violations agency, or the Suffolk county traffic and parking 20 violations agency, or the Westchester county traffic and parking 21 violations agency may be permitted to answer, within a specified time, 22 at the traffic violations bureau, in Nassau county at the traffic and 23 parking violations agency and in Suffolk county at the traffic and park- 24 ing violations agency and in Westchester county at the traffic and park- 25 ing violations agency, either in person or by written power of attorney 26 in such form as may be prescribed in the ordinance or local law creating 27 the bureau or agency, by paying a prescribed fine and, in writing, waiv- 28 ing a hearing in court, pleading guilty to the charge or admitting 29 liability as an owner for the violation of subdivision (d) of section 30 eleven hundred eleven of the vehicle and traffic law, or admitting 31 liability as an owner for the violation of subdivision (b), (c), (d), 32 (f) or (g) of section eleven hundred eighty of the vehicle and traffic 33 law, as the case may be, and authorizing the person in charge of the 34 bureau or agency to enter such a plea or admission and accept payment of 35 said fine. Acceptance of the prescribed fine and power of attorney by 36 the bureau or agency shall be deemed complete satisfaction for the 37 violation or of the liability, and the violator or owner liable for a 38 violation of subdivision (d) of section eleven hundred eleven of the 39 vehicle and traffic law or owner liable for a violation of subdivision 40 (b), (c), (d), (f) or (g) of section eleven hundred eighty of the vehi- 41 cle and traffic law shall be given a receipt which so states. If a 42 person charged with a traffic violation does not answer as hereinbefore 43 prescribed, within a designated time, the bureau or agency may cause a 44 complaint to be entered against him forthwith and a warrant to be issued 45 for his arrest and appearance before the court, such summons to be pred- 46 icated upon the personal service of said summons upon the person charged 47 with the infraction. Any person who shall have been, within the preced- 48 ing twelve months, guilty of a number of parking violations in excess of 49 such maximum number as may be designated by the court, or of three or 50 more violations other than parking violations, shall not be permitted to 51 appear and answer to a subsequent violation at the traffic violations 52 bureau or agency, but must appear in court at a time specified by the 53 bureau or agency. Such bureau or agency shall not be authorized to 54 deprive a person of his right to counsel or to prevent him from exercis- 55 ing his right to appear in court to answer to, explain, or defend any 56 charge of a violation of any traffic law, ordinance, rule or regulation.A. 11243 21 1 § 8-a. Subdivisions 2 and 3 of section 371 of the general municipal 2 law, as amended by chapter 388 of the laws of 2012, are amended to read 3 as follows: 4 2. The Nassau county traffic and parking violations agency, as estab- 5 lished, may be authorized to assist the Nassau county district court, 6 and the Suffolk county traffic and parking violations agency, as estab- 7 lished, may be authorized to assist the Suffolk county district court, 8 and the Westchester county traffic and parking violations agency, as 9 established, may be authorized to assist the city, town and village 10 courts in Westchester county, in the disposition and administration of 11 infractions of traffic and parking laws, ordinances, rules and regu- 12 lations and the liability of owners for violations of subdivision (d) of 13 section eleven hundred eleven of the vehicle and traffic law in accord- 14 ance with section eleven hundred eleven-b of such law, except that such 15 agencies shall not have jurisdiction over (a) the traffic infraction 16 defined under subdivision one of section eleven hundred ninety-two of 17 the vehicle and traffic law; (b) the traffic infraction defined under 18 subdivision five of section eleven hundred ninety-two of the vehicle and 19 traffic law; (c) the violation defined under paragraph (b) of subdivi- 20 sion four of section fourteen-f of the transportation law and the 21 violation defined under clause (b) of subparagraph (iii) of paragraph c 22 of subdivision two of section one hundred forty of the transportation 23 law; (d) the traffic infraction defined under section three hundred 24 ninety-seven-a of the vehicle and traffic law and the traffic infraction 25 defined under subdivision (g) of section eleven hundred eighty of the 26 vehicle and traffic law; (e) any misdemeanor or felony; [or] (f) any 27 offense that is part of the same criminal transaction, as that term is 28 defined in subdivision two of section 40.10 of the criminal procedure 29 law, as a violation of subdivision one of section eleven hundred nine- 30 ty-two of the vehicle and traffic law, a violation of subdivision five 31 of section eleven hundred ninety-two of the vehicle and traffic law, a 32 violation of paragraph (b) of subdivision four of section fourteen-f of 33 the transportation law, a violation of clause (b) of subparagraph (iii) 34 of paragraph c of subdivision two of section one hundred forty of the 35 transportation law, a violation of section three hundred ninety-seven-a 36 of the vehicle and traffic law, a violation of subdivision (g) of 37 section eleven hundred eighty of the vehicle and traffic law or any 38 misdemeanor or felony; or (g) with respect to the Westchester county 39 traffic and parking violations agency, any traffic violation returnable 40 to a court for which a traffic violations bureau has been established 41 pursuant to subdivision one of this section, any parking violation 42 returnable to a court for which a parking violations bureau has been 43 established pursuant to article two-B of the vehicle and traffic law, 44 any liability of owners for violations of subdivision (d) of section 45 eleven hundred eleven of the vehicle and traffic law in accordance with 46 section eleven hundred eleven-b, section eleven hundred eleven-d or 47 section eleven hundred eleven-e of the vehicle and traffic law, or any 48 traffic or parking violation returnable to a court of a city, town or 49 village which has elected pursuant to the enactment of a local law, 50 ordinance or resolution to not authorize the Westchester county traffic 51 and parking violations agency to assist the court of such city, town or 52 village in the disposition and administration of infractions of traffic 53 and parking laws, ordinances, rules and regulations. 54 3. A person charged with an infraction which shall be disposed of by 55 either a traffic violations bureau, the Nassau county traffic and park- 56 ing violations agency, or the Suffolk county traffic and parkingA. 11243 22 1 violations agency, or the Westchester county traffic and parking 2 violations agency may be permitted to answer, within a specified time, 3 at the traffic violations bureau, in Nassau county at the traffic and 4 parking violations agency and in Suffolk county at the traffic and park- 5 ing violations agency and in Westchester county at the traffic and park- 6 ing violations agency, either in person or by written power of attorney 7 in such form as may be prescribed in the ordinance or local law creating 8 the bureau or agency, by paying a prescribed fine and, in writing, waiv- 9 ing a hearing in court, pleading guilty to the charge or admitting 10 liability as an owner for the violation of subdivision (d) of section 11 eleven hundred eleven of the vehicle and traffic law, as the case may 12 be, and authorizing the person in charge of the bureau or agency to 13 enter such a plea or admission and accept payment of said fine. Accept- 14 ance of the prescribed fine and power of attorney by the bureau or agen- 15 cy shall be deemed complete satisfaction for the violation or of the 16 liability, and the violator or owner liable for a violation of subdivi- 17 sion (d) of section eleven hundred eleven of the vehicle and traffic law 18 shall be given a receipt which so states. If a person charged with a 19 traffic violation does not answer as hereinbefore prescribed, within a 20 designated time, the bureau or agency may cause a complaint to be 21 entered against him forthwith and a warrant to be issued for his arrest 22 and appearance before the court, such summons to be predicated upon the 23 personal service of said summons upon the person charged with the 24 infraction. Any person who shall have been, within the preceding twelve 25 months, guilty of a number of parking violations in excess of such maxi- 26 mum number as may be designated by the court, or of three or more 27 violations other than parking violations, shall not be permitted to 28 appear and answer to a subsequent violation at the traffic violations 29 bureau or agency, but must appear in court at a time specified by the 30 bureau or agency. Such bureau or agency shall not be authorized to 31 deprive a person of his right to counsel or to prevent him from exercis- 32 ing his right to appear in court to answer to, explain, or defend any 33 charge of a violation of any traffic law, ordinance, rule or regulation. 34 § 8-b. Subdivision 4 of section 371 of the general municipal law, as 35 amended by chapter 388 of the laws of 2012, is amended to read as 36 follows: 37 4. Notwithstanding any inconsistent provision of law, fines, penalties 38 and forfeitures collected by the Nassau county or Suffolk county or 39 Westchester county traffic and parking violations agency shall be 40 distributed as provided in section eighteen hundred three of the vehicle 41 and traffic law. All fines, penalties and forfeitures for violations 42 adjudicated by the Nassau county or Suffolk county or Westchester county 43 traffic and parking violations agency pursuant to subdivision two of 44 this section, with the exception of parking violations, and except as 45 provided in subdivision three of section ninety-nine-a of the state 46 finance law, shall be paid by such agencies to the state comptroller 47 within the first ten days of the month following collection. Each such 48 payment shall be accompanied by a true and complete report in such form 49 and detail as the comptroller shall prescribe. 50 § 8-c. Section 371 of the general municipal law, as amended by section 51 12-a of chapter 222 of the laws of 2015, is amended to read as follows: 52 § 371. Jurisdiction and procedure. A traffic violations bureau so 53 established may be authorized to dispose of violations of traffic laws, 54 ordinances, rules and regulations when such offenses shall not consti- 55 tute the traffic infraction known as speeding or a misdemeanor or felo- 56 ny, and, if authorized by local law or ordinance, to adjudicate theA. 11243 23 1 liability of owners for violations of subdivision (d) of section eleven 2 hundred eleven of the vehicle and traffic law in accordance with section 3 eleven hundred eleven-b of such law as added by sections sixteen of 4 chapters twenty, twenty-one, and twenty-two of the laws of two thousand 5 nine which amended this section or section eleven hundred eleven-d of 6 such law or section eleven hundred eleven-e of such law or section elev- 7 en hundred eleven-f of such law, by permitting a person charged with an 8 offense within the limitations herein stated, to answer, within a speci- 9 fied time, at the traffic violations bureau, either in person or by 10 written power of attorney in such form as may be prescribed in the ordi- 11 nance creating the bureau, by paying a prescribed fine and, in writing, 12 waiving a hearing in court, pleading guilty to the charge or admitting 13 liability as an owner for the violation of subdivision (d) of section 14 eleven hundred eleven of the vehicle and traffic law, as the case may 15 be, and authorizing the person in charge of the bureau to make such a 16 plea or admission and pay such a fine in court. Acceptance of the 17 prescribed fine and power of attorney by the bureau shall be deemed 18 complete satisfaction for the violation or of the liability, and the 19 violator or owner liable for a violation of subdivision (d) of section 20 eleven hundred eleven of the vehicle and traffic law shall be given a 21 receipt which so states. If a person charged with a traffic violation 22 does not answer as hereinbefore prescribed, within a designated time, 23 the bureau shall cause a complaint to be entered against him or her 24 forthwith and a warrant to be issued for his or her arrest and appear- 25 ance before the court. Any person who shall have been, within the 26 preceding twelve months, guilty of a number of parking violations in 27 excess of such maximum number as may be designated by the court, or of 28 three or more violations other than parking violations, shall not be 29 permitted to appear and answer to a subsequent violation at the traffic 30 violations bureau, but must appear in court at a time specified by the 31 bureau. Such traffic violations bureau shall not be authorized to 32 deprive a person of his or her right to counsel or to prevent him or her 33 from exercising his or her right to appear in court to answer to, 34 explain, or defend any charge of a violation of any traffic law, ordi- 35 nance, rule or regulation. 36 § 8-d. Section 371 of the general municipal law, as amended by section 37 12-b of chapter 222 of the laws of 2015, is amended to read as follows: 38 § 371. Jurisdiction and procedure. A traffic violations bureau so 39 established may be authorized to dispose of violations of traffic laws, 40 ordinances, rules and regulations when such offenses shall not consti- 41 tute the traffic infraction known as speeding or a misdemeanor or felo- 42 ny, and, if authorized by local law or ordinance, to adjudicate the 43 liability of owners for violations of subdivision (d) of section eleven 44 hundred eleven of the vehicle and traffic law in accordance with section 45 eleven hundred eleven-d or section eleven hundred eleven-e or section 46 eleven hundred eleven-f of the vehicle and traffic law, by permitting a 47 person charged with an offense within the limitations herein stated, to 48 answer, within a specified time, at the traffic violations bureau, 49 either in person or by written power of attorney in such form as may be 50 prescribed in the ordinance creating the bureau, by paying a prescribed 51 fine and, in writing, waiving a hearing in court, pleading guilty to the 52 charge or admitting liability as an owner for the violation of subdivi- 53 sion (d) of section eleven hundred eleven of the vehicle and traffic 54 law, as the case may be, and authorizing the person in charge of the 55 bureau to make such a plea or admission and pay such a fine in court. 56 Acceptance of the prescribed fine and power of attorney by the bureauA. 11243 24 1 shall be deemed complete satisfaction for the violation or of the 2 liability, and the violator or owner liable for a violation of subdivi- 3 sion (d) of section eleven hundred eleven of the vehicle and traffic law 4 shall be given a receipt which so states. If a person charged with a 5 traffic violation does not answer as hereinbefore prescribed, within a 6 designated time, the bureau shall cause a complaint to be entered 7 against him or her forthwith and a warrant to be issued for his or her 8 arrest and appearance before the court. Any person who shall have been, 9 within the preceding twelve months, guilty of a number of parking 10 violations in excess of such maximum number as may be designated by the 11 court, or of three or more violations other than parking violations, 12 shall not be permitted to appear and answer to a subsequent violation at 13 the traffic violations bureau, but must appear in court at a time speci- 14 fied by the bureau. Such traffic violations bureau shall not be author- 15 ized to deprive a person of his or her right to counsel or to prevent 16 him or her from exercising his or her right to appear in court to answer 17 to, explain, or defend any charge of a violation of any traffic law, 18 ordinance, rule or regulation. 19 § 8-e. Section 371 of the general municipal, as amended by section 20 12-c of chapter 222 of the laws of 2015, is amended to read as follows: 21 § 371. Jurisdiction and procedure. A traffic violations bureau so 22 established may be authorized to dispose of violations of traffic laws, 23 ordinances, rules and regulations when such offenses shall not consti- 24 tute the traffic infraction known as speeding or a misdemeanor or felo- 25 ny, and, if authorized by local law or ordinance, to adjudicate the 26 liability of owners for violations of subdivision (d) of section eleven 27 hundred eleven of the vehicle and traffic law in accordance with section 28 eleven hundred eleven-e or section eleven hundred eleven-f of the vehi- 29 cle and traffic law, by permitting a person charged with an offense 30 within the limitations herein stated, to answer, within a specified 31 time, at the traffic violations bureau, either in person or by written 32 power of attorney in such form as may be prescribed in the ordinance 33 creating the bureau, by paying a prescribed fine and, in writing, waiv- 34 ing a hearing in court, pleading guilty to the charge or admitting 35 liability as an owner for violation of subdivision (d) of section eleven 36 hundred eleven of the vehicle and traffic law, as the case may be, and 37 authorizing the person in charge of the bureau to make such a plea or 38 admission and pay such a fine in court. Acceptance of the prescribed 39 fine and power of attorney by the bureau shall be deemed complete satis- 40 faction for the violation or of the liability, and the violator or owner 41 liable for a violation of subdivision (d) of section eleven hundred 42 eleven of the vehicle and traffic law shall be given a receipt which so 43 states. If a person charged with a traffic violation does not answer as 44 hereinbefore prescribed, within a designated time, the bureau shall 45 cause a complaint to be entered against him or her forthwith and a 46 warrant to be issued for his or her arrest and appearance before the 47 court. Any person who shall have been, within the preceding twelve 48 months, guilty of a number of parking violations in excess of such maxi- 49 mum number as may be designated by the court, or of three or more 50 violations other than parking violations, shall not be permitted to 51 appear and answer to a subsequent violation at the traffic violations 52 bureau, but must appear in court at a time specified by the bureau. Such 53 traffic violations bureau shall not be authorized to deprive a person of 54 his or her right to counsel or to prevent him or her from exercising his 55 or her right to appear in court to answer to, explain, or defend any 56 charge of a violation of any traffic law, ordinance, rule or regulation.A. 11243 25 1 § 8-f. Section 371 of the general municipal law, as amended by chapter 2 802 of the laws of 1949, is amended to read as follows: 3 § 371. Jurisdiction and procedure. A traffic violations bureau so 4 established may be authorized to dispose of violations of traffic laws, 5 ordinances, rules and regulations when such offenses shall not consti- 6 tute the traffic infraction known as speeding or a misdemeanor or felo- 7 ny, and, if authorized by local law or ordinance, to adjudicate the 8 liability of owners for violations of subdivision (d) of section eleven 9 hundred eleven of the vehicle and traffic law in accordance with section 10 eleven hundred eleven-f of the vehicle and traffic law, by permitting a 11 person charged with an offense within the limitations herein stated, to 12 answer, within a specified time, at the traffic violations bureau, 13 either in person or by written power of attorney in such form as may be 14 prescribed in the ordinance creating the bureau, by paying a prescribed 15 fine and, in writing, waiving a hearing in court, pleading guilty to the 16 charge or admitting liability as an owner for violation of subdivision 17 (d) of section eleven hundred eleven of the vehicle and traffic law, as 18 the case may be, and authorizing the person in charge of the bureau to 19 make such a plea or admission and pay such a fine in court. Acceptance 20 of the prescribed fine and power of attorney by the bureau shall be 21 deemed complete satisfaction for the violation or of the liability, and 22 the violator or owner liable for a violation of subdivision (d) of 23 section eleven hundred eleven of the vehicle and traffic law shall be 24 given a receipt which so states. If a person charged with a traffic 25 violation does not answer as hereinbefore prescribed, within a desig- 26 nated time, the bureau shall cause a complaint to be entered against him 27 or her forthwith and a warrant to be issued for his or her arrest and 28 appearance before the court. Any person who shall have been, within the 29 preceding twelve months, guilty of a number of parking violations in 30 excess of such maximum number as may be designated by the court, or of 31 three or more violations other than parking violations, shall not be 32 permitted to appear and answer to a subsequent violation at the traffic 33 violations bureau, but must appear in court at a time specified by the 34 bureau. Such traffic violations bureau shall not be authorized to 35 deprive a person of his or her right to counsel or to prevent him or her 36 from exercising his or her right to appear in court to answer to, 37 explain, or defend any charge of a violation of any traffic law, ordi- 38 nance, rule or regulation. 39 § 9. Section 374 of the general municipal law, as amended by chapter 40 388 of the laws 2012, is amended to read as follows: 41 § 374. Traffic prosecutor selection and oversight. (a) The executive 42 director of the Nassau county traffic and parking violations agency, and 43 the executive director of the Suffolk county traffic and parking 44 violations agency, and the executive director of the Westchester county 45 traffic and parking violations agency appointed pursuant to subdivision 46 (b) of this section, shall select and may contract with or hire one or 47 more persons who are attorneys, duly admitted to the practice of law in 48 New York state for the prosecution of any traffic and parking infrac- 49 tion, except those described in paragraphs (a), (b), (c), (d), (e) and 50 (f) of subdivision two of section three hundred seventy-one of this 51 article, to be heard, tried or otherwise disposed of by the district 52 court of Nassau county in the case of an attorney selected by the Nassau 53 county executive director, or by the district court of Suffolk county, 54 in the case of an attorney selected by the Suffolk county executive 55 director or by a city, town or village court in Westchester county, in 56 the case of an attorney selected by the Westchester county executiveA. 11243 26 1 director. Such persons shall be known as "traffic prosecutors", as that 2 term is defined in section three hundred seventy-a of this article. 3 Traffic prosecutors shall have the same power as a district attorney 4 would otherwise have in the prosecution of any traffic or parking 5 infraction which may, pursuant to the jurisdictional provisions of 6 section three hundred seventy-one of this article, be prosecuted before 7 the district court of Nassau county or the district court of Suffolk 8 county, if the traffic violation occurred in Suffolk county or a city, 9 town or village court in Westchester county, if the traffic violation 10 occurred in Westchester county. The executive director shall give 11 active consideration to requiring that such traffic prosecutors serve on 12 a full-time basis. Traffic prosecutors are prohibited from appearing in 13 any capacity other than as a traffic prosecutor in any part of the 14 Nassau county district court or the Suffolk county district court, if 15 the traffic violation occurred in Suffolk county, or in any city, town 16 or village court in Westchester county if the traffic violation occurred 17 in Westchester county, on any matter relating to traffic or parking 18 violations and are further prohibited from appearing in any capacity 19 other than as a traffic prosecutor in any other court or administrative 20 tribunal on any matter relating to traffic or parking violations. 21 (b) The county executive of the county of Nassau shall appoint a 22 person to serve as the executive director of the Nassau county traffic 23 and parking violations agency subject to the confirmation of the county 24 legislature of the county of Nassau. The county executive of the county 25 of Suffolk shall appoint a person to serve as the executive director of 26 the Suffolk county traffic and parking violations agency subject to the 27 confirmation of the county legislature of the county of Suffolk. The 28 county executive of the county of Westchester shall appoint a person to 29 serve as the executive director of the Westchester county traffic and 30 parking violations agency subject to the confirmation of the county 31 legislature of the county of Westchester. The executive director shall 32 be responsible for the oversight and administration of the agency. The 33 executive director of Nassau county is prohibited from appearing in any 34 capacity in any part of the Nassau county district court and the execu- 35 tive director of Suffolk county is prohibited from appearing in any 36 capacity in any part of the Suffolk county district court on any matter 37 relating to traffic or parking violations and the executive director of 38 Westchester county is prohibited from appearing in any capacity in any 39 part of the city, town or village courts in Westchester county on any 40 matter relating to traffic or parking violations and is further prohib- 41 ited from appearing in any capacity in any other court or administrative 42 tribunal on any matter relating to traffic or parking violations. 43 (c) It shall be a misdemeanor for the executive director, any traffic 44 prosecutor or any judicial hearing officer assigned to hear traffic or 45 parking violations cases pursuant to section one thousand six hundred 46 ninety of the vehicle and traffic law to establish any quota of traffic 47 violation convictions which must be obtained by any traffic prosecutor 48 or judicial hearing officer. Nothing contained herein shall prohibit the 49 taking of any job action against a traffic prosecutor or judicial hear- 50 ing officer for failure to satisfactorily perform such prosecutor's or 51 officer's job assignment except that the employment productivity of such 52 prosecutor or officer shall not be measured by the attainment or nonat- 53 tainment of any conviction quota. For the purposes of this section a 54 conviction quota shall mean a specific number of convictions which must 55 be obtained within a specific time period.A. 11243 27 1 (d) The legislature of the county of Nassau may appropriate those 2 monies which, in the legislature's sole discretion, are necessary for 3 the compensation of those persons selected to serve as executive direc- 4 tor and traffic prosecutors and to cover all other expenses associated 5 with the administration of the Nassau county traffic and parking 6 violations agency. 7 (e) The legislature of the county of Suffolk may appropriate those 8 monies which, in the legislature's sole discretion, are necessary for 9 the compensation of those persons selected to serve as executive direc- 10 tor and traffic prosecutors and to cover all other expenses associated 11 with the administration of the Suffolk county traffic and parking 12 violations agency. 13 (f) The legislature of the county of Westchester may appropriate those 14 monies which, in the legislature's sole discretion, are necessary for 15 the compensation of those persons selected to serve as executive direc- 16 tor and traffic prosecutors and to cover all other expenses associated 17 with the administration of the Westchester county traffic and parking 18 violations agency. 19 § 10. The article heading of article 44-A of the vehicle and traffic 20 law, as amended by chapter 157 of the laws of 2017, is amended to read 21 as follows: 22 AUTHORITY OF THE NASSAU AND SUFFOLK COUNTY DISTRICT COURT AND BUFFALO 23 CITY COURT AND ROCHESTER CITY COURT AND WESTCHESTER 24 COUNTY, CITY, TOWN AND VILLAGE COURT JUDICIAL HEARING OFFICERS 25 § 11. The section heading and subdivisions 1 and 4 of section 1690 of 26 the vehicle and traffic law, the section heading as amended by chapter 27 157 of the laws of 2017 and subdivisions 1 and 4 as amended by chapter 28 388 of the laws of 2012, are amended to read as follows: 29 Authority of the Nassau county and Suffolk county district court judi- 30 cial hearing officers and the Westchester county judicial hearing offi- 31 cers and the city of Buffalo judicial hearing officers and the city of 32 Rochester judicial hearing officers. 1. Notwithstanding any other 33 provision of law, where the trial of a traffic or parking infraction is 34 authorized or required to be tried before the Nassau county district 35 court or Suffolk county district court or a city, town or village court 36 in Westchester county, and such traffic and parking infraction does not 37 constitute a misdemeanor, felony, violation of subdivision one of 38 section eleven hundred ninety-two, subdivision five of section eleven 39 hundred ninety-two, section three hundred ninety-seven-a, or subdivision 40 (g) of section eleven hundred eighty of this chapter, or a violation of 41 paragraph (b) of subdivision four of section fourteen-f or clause (b) of 42 subparagraph (iii) of paragraph c of subdivision two of section one 43 hundred forty of the transportation law, or any offense that is part of 44 the same criminal transaction, as that term is defined in subdivision 45 two of section 40.10 of the criminal procedure law, as such a misdemea- 46 nor, felony, violation of subdivision one of section eleven hundred 47 ninety-two, subdivision two of section eleven hundred ninety-two, 48 section three hundred ninety-seven-a or subdivision (g) of section elev- 49 en hundred eighty of this chapter, or a violation of paragraph (b) of 50 subdivision four of section fourteen-f or clause (b) of subparagraph 51 (iii) of paragraph d of subdivision two of section one hundred forty of 52 the transportation law, or with respect to the Westchester county traf- 53 fic and parking violations agency, any traffic violation returnable to a 54 court for which a traffic violations bureau has been established pursu- 55 ant to subdivision one of section three hundred seventy-one of the 56 general municipal law, any parking violation returnable to a court forA. 11243 28 1 which a parking violations bureau has been established pursuant to arti- 2 cle two-B of this chapter, any liability of owners for violations of 3 subdivision (d) of section eleven hundred eleven of this chapter in 4 accordance with section eleven hundred eleven-b, section eleven hundred 5 eleven-d or section eleven hundred eleven-e of this chapter, or any 6 traffic or parking violation returnable to a court of a city, town or 7 village which has elected pursuant to the enactment of a local law, 8 ordinance or resolution to not authorize the Westchester county traffic 9 and parking violations agency to assist the court of such city, town or 10 village in the disposition and administration of infractions of traffic 11 and parking laws, ordinances, rules and regulations, the administrative 12 judge of the county in which the trial court is located, may assign 13 judicial hearing officers to conduct such a trial. Such judicial hearing 14 officers shall be village court justices or retired judges either of 15 which shall have at least two years of experience conducting trials of 16 traffic and parking violations cases and shall be admitted to practice 17 law in this state. Where such assignment is made, the judicial hearing 18 officer shall entertain the case in the same manner as a court and 19 shall: 20 (a) determine all questions of law; 21 (b) act as the exclusive trier of all issues of fact; 22 (c) render a verdict; 23 (d) impose sentence; or 24 (e) dispose of the case in any manner provided by law. 25 4. Judicial hearing officers are prohibited from appearing in any 26 capacity other than as a judicial hearing officer in any part of the 27 Nassau county or Suffolk county district court or a city, town or 28 village court in Westchester county on any matter relating to traffic or 29 parking violations and are further prohibited from appearing in any 30 capacity other than as a judicial hearing officer in any other court or 31 administrative tribunal on any matter relating to traffic or parking 32 violations. 33 § 12. Subdivision 5 of section 350.20 of the criminal procedure law, 34 as amended by chapter 157 of the laws of 2017, is amended to read as 35 follows: 36 5. Notwithstanding the provisions of subdivision one of this section, 37 for all proceedings before the district court of Nassau county the 38 administrative judge of Nassau county may, and for all proceedings 39 before the district court of Suffolk county, the administrative judge of 40 Suffolk county may, and for all proceedings before a city, town or 41 village court in Westchester county the administrative judge of West- 42 chester county may, without the consent of the parties, assign matters 43 involving traffic and parking infractions except those described in 44 paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section 45 three hundred seventy-one of the general municipal law and except, with 46 respect to the Westchester county traffic and parking violations agency, 47 those which are any traffic violation returnable to a court for which a 48 traffic violations bureau has been established pursuant to subdivision 49 one of section three hundred seventy-one of the general municipal law, 50 any parking violation returnable to a court for which a parking 51 violations bureau has been established pursuant to article two-B of the 52 vehicle and traffic law, any liability of owners for violations of 53 subdivision (d) of section eleven hundred eleven of the vehicle and 54 traffic law in accordance with section eleven hundred eleven-b, section 55 eleven hundred eleven-d or section eleven hundred eleven-e of the vehi- 56 cle and traffic law, or any traffic or parking violation returnable to aA. 11243 29 1 court of a city, town or village which has elected pursuant to the 2 enactment of a local law, ordinance or resolution to not authorize the 3 Westchester county traffic and parking violations agency to assist the 4 court of such city, town or village in the disposition and adminis- 5 tration of infractions of traffic and parking laws, ordinances, rules 6 and regulations to a judicial hearing officer in accordance with the 7 provisions of section sixteen hundred ninety of the vehicle and traffic 8 law and for all proceedings before the Buffalo city court the adminis- 9 trative judge of the eighth judicial district may, without the consent 10 of the parties, assign matters involving traffic infractions except 11 those described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of 12 subdivision two-a of section three hundred seventy-one of the general 13 municipal law to a judicial hearing officer in accordance with the 14 provisions of section sixteen hundred ninety of the vehicle and traffic 15 law and for all proceedings before the Rochester city court the adminis- 16 trative judge of the seventh judicial district may, without the consent 17 of the parties, assign matters involving traffic infractions except 18 those described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of 19 subdivision two-b of section three hundred seventy-one of the general 20 municipal law to a judicial hearing officer in accordance with the 21 provisions of section sixteen hundred ninety of the vehicle and traffic 22 law. 23 § 13. Subdivision 3 of section 99-a of the state finance law, as 24 amended by section 4 of part I of chapter 58 of the laws of 2018, is 25 amended to read as follows: 26 3. The comptroller is hereby authorized to implement alternative 27 procedures, including guidelines in conjunction therewith, relating to 28 the remittance of fines, penalties, forfeitures and other moneys by town 29 and village justice courts, and by the Nassau and Suffolk and Westches- 30 ter counties traffic and parking violations agencies, and by the city of 31 Buffalo traffic violations agency, and by the city of Rochester traffic 32 violations agency, to the justice court fund and for the distribution of 33 such moneys by the justice court fund. Notwithstanding any law to the 34 contrary, the alternative procedures utilized may include: 35 a. electronic funds transfer; 36 b. remittance of funds by the justice court to the chief fiscal office 37 of the town or village, or, in the case of the Nassau and Suffolk and 38 Westchester counties traffic and parking violations agencies, to the 39 county treasurer, or, in the case of the Buffalo traffic violations 40 agency, to the city of Buffalo comptroller, or in the case of the 41 Rochester traffic violations agency, to the city of Rochester treasurer 42 for distribution in accordance with instructions by the comptroller; 43 and/or 44 c. monthly, rather than quarterly, distribution of funds. 45 The comptroller may require such reporting and record keeping as he or 46 she deems necessary to ensure the proper distribution of moneys in 47 accordance with applicable laws. A justice court or the Nassau and 48 Suffolk and Westchester counties traffic and parking violations agencies 49 or the city of Buffalo traffic violations agency or the city of Roches- 50 ter traffic violations agency may utilize these procedures only when 51 permitted by the comptroller, and such permission, once given, may 52 subsequently be withdrawn by the comptroller on due notice. 53 § 13-a. Subdivision 3 of section 99-a of the state finance law, as 54 amended by chapter 157 of the laws of 2017, is amended to read as 55 follows:A. 11243 30 1 3. The comptroller is hereby authorized to implement alternative 2 procedures, including guidelines in conjunction therewith, relating to 3 the remittance of fines, penalties, forfeitures and other moneys by town 4 and village justice courts, and by the Nassau and Suffolk and Westches- 5 ter counties traffic and parking violations agencies, and by the city of 6 Buffalo traffic violations agency, and by the city of Rochester traffic 7 violations agency to the justice court fund and for the distribution of 8 such moneys by the justice court fund. Notwithstanding any law to the 9 contrary, the alternative procedures utilized may include: 10 a. electronic funds transfer; 11 b. remittance of funds by the justice court to the chief fiscal office 12 of the town or village, or, in the case of the Nassau and Suffolk and 13 Westchester counties traffic and parking violations agencies, to the 14 county treasurer, or, in the case of the Buffalo traffic violations 15 agency, to the city of Buffalo comptroller, or in the case of the 16 Rochester traffic violations agency, to the city of Rochester treasurer, 17 for distribution in accordance with instructions by the comptroller; 18 and/or 19 c. monthly, rather than quarterly, distribution of funds. 20 The comptroller may require such reporting and record keeping as he or 21 she deems necessary to ensure the proper distribution of moneys in 22 accordance with applicable laws. A justice court or the Nassau and 23 Suffolk and Westchester counties traffic and parking violations agencies 24 or the city of Buffalo traffic violations agency or the city of Roches- 25 ter traffic violations agency may utilize these procedures only when 26 permitted by the comptroller, and such permission, once given, may 27 subsequently be withdrawn by the comptroller on due notice. 28 § 14. Subdivision 2 of section 99-l of the general municipal law, as 29 amended by chapter 179 of the laws of 2000, is amended to read as 30 follows: 31 2. The [county] counties of Nassau and Westchester shall be entitled 32 to receive the amounts set forth in subdivision one of this section for 33 the services of the Nassau county and Westchester county traffic and 34 parking violations [agency] agencies and for all services in each case 35 of a parking violation, instituted and triable in such agency, wherein a 36 fine is imposed, a surcharge of ten dollars. 37 § 14-a. Subdivision 2 of section 99-l of the general municipal law, as 38 amended by chapter 388 of the laws of 2012, is amended to read as 39 follows: 40 2. The counties of Nassau and Suffolk and Westchester shall be enti- 41 tled to receive the amounts set forth in subdivision one of this section 42 for the services of their respective county traffic and parking 43 violations agency. 44 § 15. The purchase or lease of equipment for a demonstration program 45 established pursuant to section 1111-f of the vehicle and traffic law 46 shall be subject to the provisions of section 103 of the general munici- 47 pal law. 48 § 16. Notwithstanding any provision of law to the contrary no non-ju- 49 dicial employee of any city, town or village court located in the county 50 of Westchester shall suffer a diminution of salary, employment status or 51 rights solely by operation of this act provided that nothing herein 52 shall limit the legal authority of the chief administrator of the courts 53 to supervise the administration and operation of the unified court 54 system. 55 § 17. The administrative judge of Westchester county shall issue on an 56 annual basis, beginning eighteen months following the creation of theA. 11243 31 1 Westchester county traffic and parking violations agency pursuant to 2 Westchester county local law, a report detailing the progress, develop- 3 ment and operations of the traffic and parking violations agency. The 4 report shall be provided to the governor, the temporary president of the 5 senate, the speaker of the assembly, the Westchester county executive, 6 the legislature of the county of Westchester, the presiding judge of the 7 Westchester county district court and the Westchester county district 8 attorney. 9 § 18. This act shall take effect on the one hundred eightieth day 10 after it shall have become a law and shall expire five years after such 11 effective date when upon such date the provisions of this act shall be 12 deemed repealed; provided however the amendments made by sections seven, 13 seven-a, eight, eight-a, nine, ten, eleven and twelve of this act shall 14 take effect only in the event that the county of Westchester shall have 15 by local law established a traffic and parking violations agency; 16 provided that the legislature of the county of Westchester shall notify 17 the legislative bill drafting commission upon the occurrence of the 18 enactment of the legislation provided for in sections seven, seven-a, 19 eight, eight-a, nine, ten, eleven and twelve of this act in order that 20 the commission may maintain an accurate and timely effective data base 21 of the official text of the laws of the state of New York in furtherance 22 of effectuating the provisions of section 44 of the legislative law and 23 section 70-b of the public officers law; and provided further that any 24 rules necessary for the implementation of this act on its effective date 25 shall be promulgated on or before such effective date, provided that: 26 (a) the amendments to subparagraph (i) of paragraph a of subdivision 27 5-a of section 401 of the vehicle and traffic law made by section one of 28 this act shall not affect the expiration of such paragraph and shall be 29 deemed to expire therewith, when upon such date the provisions of 30 section one-a of this act shall take effect; 31 (b) the amendments to paragraph a of subdivision 5-a of section 401 of 32 the vehicle and traffic law made by section one-a of this act shall not 33 affect the expiration of such paragraph and shall be deemed to expire 34 therewith, when upon such date the provisions of section one-b of this 35 act shall take effect; 36 (c) the amendments to paragraph a of subdivision 5-a of section 401 of 37 the vehicle and traffic law made by section one-b of this act shall not 38 affect the expiration of such paragraph and shall be deemed to expire 39 therewith, when upon such date the provisions of section one-c of this 40 act shall take effect; 41 (d) the amendments to paragraph a of subdivision 5-a of section 401 of 42 the vehicle and traffic law made by section one-c of this act shall not 43 affect the expiration of such paragraph and shall be deemed to expire 44 therewith, when upon such date the provisions of section one-d of this 45 act shall take effect; 46 (e) the amendments to paragraph a of subdivision 5-a of section 401 of 47 the vehicle and traffic law made by section one-d of this act shall not 48 affect the expiration of such paragraph and shall be deemed to expire 49 therewith, when upon such date the provisions of section one-e of this 50 act shall take effect; 51 (f) the amendments to paragraph a of subdivision 5-a of section 401 of 52 the vehicle and traffic law made by section one-e of this act shall not 53 affect the expiration of such paragraph and shall be deemed to expire 54 therewith, when upon such date the provisions of section one-f of this 55 act shall take effect;A. 11243 32 1 (f-1) the amendments to paragraph a of subdivision 5-a of section 401 2 of the vehicle and traffic law made by section one-f of this act shall 3 not affect the expiration of such paragraph and shall be deemed to 4 expire therewith, when upon such date the provisions of section one-g of 5 this act shall take effect; 6 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 7 traffic law made by section three of this act shall not affect the expi- 8 ration of such subdivision and shall be deemed to expire therewith, when 9 upon such date the provisions of section three-a of this act shall take 10 effect; 11 (h) the amendments to subdivision 1 of section 1809 of the vehicle and 12 traffic law made by section three-a of this act shall not affect the 13 expiration of such subdivision and shall be deemed to expire therewith, 14 when upon such date the provisions of section three-b of this act shall 15 take effect; 16 (i) the amendments to subdivision 1 of section 1809 of the vehicle and 17 traffic law made by section three-b of this act shall not affect the 18 expiration of such subdivision and shall be deemed to expire therewith, 19 when upon such date the provisions of section three-c of this act shall 20 take effect; 21 (j) the amendments to subdivision 1 of section 1809 of the vehicle and 22 traffic law made by section three-c of this act shall not affect the 23 expiration of such subdivision and shall be deemed to expire therewith, 24 when upon such date the provisions of section three-d of this act shall 25 take effect; 26 (k) the amendments to subdivision 1 of section 1809 of the vehicle and 27 traffic law made by section three-d of this act shall not affect the 28 expiration of such subdivision and shall be deemed to expire therewith, 29 when upon such date the provisions of section three-e of this act shall 30 take effect; 31 (l) the amendments to subdivision 1 of section 1809 of the vehicle and 32 traffic law made by section three-e of this act shall not affect the 33 expiration of such subdivision and shall be deemed to expire therewith, 34 when upon such date the provisions of section three-f of this act shall 35 take effect; 36 (m) the amendments to subdivision 1 of section 1809 of the vehicle and 37 traffic law made by section three-f of this act shall not affect the 38 expiration of such subdivision and shall be deemed to expire therewith, 39 when upon such date the provisions of section three-g of this act shall 40 take effect; 41 (n) the amendments to paragraph a of subdivision 1 of section 1809-e 42 of the vehicle and traffic law made by section four of this act shall 43 not affect the expiration of such paragraph and shall be deemed to 44 expire therewith, when upon such date the provisions of section four-a 45 of this act shall take effect; 46 (o) the amendments to paragraph a of subdivision 1 of section 1809-e 47 of the vehicle and traffic law made by section four-a of this act shall 48 not affect the expiration of such paragraph and shall be deemed to 49 expire therewith, when upon such date the provisions of section four-b 50 of this act shall take effect; 51 (p) the amendments to paragraph a of subdivision 1 of section 1809-e 52 of the vehicle and traffic law made by section four-b of this act shall 53 not affect the expiration of such paragraph and shall be deemed to 54 expire therewith, when upon such date the provisions of section four-c 55 of this act shall take effect;A. 11243 33 1 (q) the amendments to paragraph a of subdivision 1 of section 1809-e 2 of the vehicle and traffic law made by section four-c of this act shall 3 not affect the expiration of such paragraph and shall be deemed to 4 expire therewith, when upon such date the provisions of section four-d 5 of this act shall take effect; 6 (r) the amendments to paragraph a of subdivision 1 of section 1809-e 7 of the vehicle and traffic law made by section four-d of this act shall 8 not affect the expiration of such paragraph and shall be deemed to 9 expire therewith, when upon such date the provisions of section four-e 10 of this act shall take effect; 11 (s) the amendments to paragraph a of subdivision 1 of section 1809-e 12 of the vehicle and traffic law made by section four-e of this act shall 13 not affect the expiration of such paragraph and shall be deemed to 14 expire therewith, when upon such date the provisions of section four-f 15 of this act shall take effect; 16 (t) the amendments to subdivisions 2 and 3 of section 371 of the 17 general municipal law made by section eight of this act shall not affect 18 the expiration of such subdivisions and shall be deemed to expire there- 19 with, when upon such date the provisions of section eight-a of this act 20 shall take effect; 21 (t-1) the amendments to subdivisions 2 and 3 of section 371 of the 22 general municipal law made by section eight-a of this act and the amend- 23 ments to subdivision 4 of section 371 of the general municipal law made 24 by section eight-b of this act shall not affect the expiration of such 25 subdivisions and shall be deemed to expire therewith, when upon such 26 date the provisions of section eight-c of this act shall take effect; 27 (t-2) the amendments to section 371 of the general municipal law by 28 section eight-c of this act shall not affect the expiration of such 29 section and shall be deemed to expire therewith, when upon such date the 30 provisions of section eight-d of this act shall take effect; 31 (t-3) the amendments to section 371 of the general municipal law made 32 by section eight-d of this act shall not affect the expiration of such 33 section and shall be deemed to expire therewith, when upon such date the 34 provisions of section eight-e of this act shall take effect; 35 (t-4) the amendments to section 371 of the general municipal law made 36 by section eight-e of this act shall not affect the expiration of such 37 section and shall be deemed to expire therewith, when upon such date the 38 provisions of section eight-f of this act shall take effect; 39 (u) the amendments to subdivision 3 of section 99-a of the state 40 finance law made by section thirteen of this act shall not affect the 41 expiration of such subdivision and shall be deemed to expire therewith, 42 when upon such date the provisions of section thirteen-a of this act 43 shall take effect; and 44 (v) the amendments to subdivision 2 of section 99-l of the general 45 municipal law made by section fourteen of this act shall not affect the 46 expiration of such subdivision and shall be deemed to expire therewith, 47 when upon such date the provisions of section fourteen-a of this act 48 shall take effect.