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.
                                                                   LBD16249-03-8

        A. 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 was

        A. 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  subdivision

        A. 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 renewal

        A. 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 the

        A. 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  the

        A. 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  of

        A. 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 for

        A. 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, there

        A. 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 eleven

        A. 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 a

        A. 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  other

        A. 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  a

        A. 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  of

        A. 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; or

        A. 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 parking

        A. 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 the

        A. 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  bureau

        A. 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  executive

        A. 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  for

        A. 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 a

        A. 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  the

        A. 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.
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