Bill Text: NY S08827 | 2017-2018 | General Assembly | Amended
Bill Title: Directs the police commissioner of the city of New York to assign a police officer at least one hour prior to the commencement of instructional hours at every school, public and/or private, within the city of New York (Part A); and establishes active shooter drills at public and private educational institutions (Part B); relates to photo speed violation monitoring systems in school speed zones in the city of New York; makes technical corrections relating to photo speed violation monitoring systems in school speed zones in the city of New York; and relates to the effectiveness of provisions of law relating to establishing in a city with a population of one million or more a school speed zones by means of photo devices (Part C); relates to establishing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices (Part D).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08827 Detail]
Download: New_York-2017-S08827-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8827--A Cal. No. 1446 IN SENATE May 23, 2018 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the administrative code of the city of New York, in relation to school safety measures in the city of New York (Part A); to amend the education law, in relation to establishing active shooter drills at public and private educational institutions (Part B); to amend the vehicle and traffic law, in relation to photo speed violation monitoring systems in school speed zones in the city of New York; to amend chapter 43 of the laws of 2014, amending the vehicle and traffic law, the public officers law and the general municipal law relating to photo speed violation monitoring systems in school speed zones in the city of New York, in relation to making technical corrections thereto; and to amend chapter 189 of the laws of 2013, amending the vehicle and traffic law and the public officers law relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices, in relation to the effectiveness thereof (Part C); and to amend the public author- ities law, the vehicle and traffic law and the public officers law, in relation to establishing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of certain provisions upon expi- ration thereof (Part D) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation relating 2 to school safety. Each component is wholly contained within a Part iden- 3 tified as Parts A through D. The effective date for each particular 4 provision contained within such Part is set forth in the last section of 5 such Part. Any provision in any section contained within a Part, includ- 6 ing the effective date of the Part, which makes a reference to a section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15269-06-8S. 8827--A 2 1 "of this act", when used in connection with that particular component, 2 shall be deemed to mean and refer to the corresponding section of the 3 Part in which it is found. Section three of this act sets forth the 4 general effective date of this act. 5 PART A 6 Section 1. The administrative code of the city of New York is amended 7 by adding a new section 10-179 to read as follows: 8 § 10-179 School safety measures. The police commissioner of the city 9 shall assign a police officer at least one hour prior to the commence- 10 ment of instructional hours at every public school within the city of 11 New York. Such police officer shall remain on site to secure the perime- 12 ter and exterior of such school during instructional hours and for a 13 minimum one hour post instructional hours unless, in the discretion of 14 the mayor of the city or the police commissioner of the city, a state of 15 emergency exists requiring redeployment of a police officer during the 16 required hours set forth in this section. Any individual school, upon 17 recommendation of the principal and the parents' association or parent- 18 teachers' association and with the approval of the police commissioner, 19 may decline the assignment of a police officer as required by this 20 section, by a two-thirds vote of the community district education coun- 21 cil, as defined in section twenty-five hundred ninety-a of the education 22 law, within which such school is located. 23 § 2. This act shall take effect immediately. 24 PART B 25 Section 1. Subdivision 1 of section 807 of the education law, as 26 amended by section 2 of part B of chapter 54 of the laws of 2016, is 27 amended to read as follows: 28 1. It shall be the duty of the principal or other person in charge of 29 every public or private school or educational institution within the 30 state, other than colleges or universities, to instruct and train the 31 pupils by means of drills, so that they may in a sudden emergency be 32 able to respond appropriately in the shortest possible time and without 33 confusion or panic. Such drills shall be held at least twelve times in 34 each school year, eight of which required drills shall be held between 35 September first and December thirty-first of each such year. Eight of 36 all such drills shall be evacuation drills, four of which shall be 37 through use of the fire escapes on buildings where fire escapes are 38 provided or through the use of identified secondary means of egress. 39 Four of all such required drills shall be emergency attack drills, with 40 two of such drills being lock-down drills and two of such drills being 41 active shooter drills. Upon request of the principal or other person in 42 charge of such public or private educational institution, the New York 43 state school safety improvement teams, established pursuant to section 44 twenty-eight hundred one-b of this chapter, shall provide recommenda- 45 tions on how to perform such lock-down and active shooter drills at such 46 public or private educational institution. Drills shall be conducted at 47 different times of the school day. Pupils shall be instructed in the 48 procedure to be followed in the event that a fire occurs during the 49 lunch period or assembly, provided however, that such additional 50 instruction may be waived where a drill is held during the regular 51 school lunch period or assembly. Four additional drills shall be held in 52 each school year during the hours after sunset and before sunrise inS. 8827--A 3 1 school buildings in which students are provided with sleeping accommo- 2 dations. At least two additional drills shall be held during summer 3 school in buildings where summer school is conducted, and one of such 4 drills shall be held during the first week of summer school. 5 § 2. This act shall take effect immediately. 6 PART C 7 Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the 8 vehicle and traffic law, as amended by chapter 43 of the laws of 2014, 9 is amended to read as follows: 10 1. Notwithstanding any other provision of law, the city of New York is 11 hereby authorized to establish a demonstration program imposing monetary 12 liability on the owner of a vehicle for failure of an operator thereof 13 to comply with posted maximum speed limits in a school speed zone within 14 [the] such city (i) when a school speed limit is in effect as provided 15 in paragraphs one and two of subdivision (c) of section eleven hundred 16 eighty of this article or (ii) when other speed limits are in effect as 17 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 18 eighty of this article during the following times: (A) on school days 19 during school hours and one hour before and one hour after the school 20 day, and (B) a period during student activities at the school and up to 21 thirty minutes immediately before and up to thirty minutes immediately 22 after such student activities. Such demonstration program shall empower 23 the city of New York to install photo speed violation monitoring systems 24 within no more than one hundred forty school speed zones within [the] 25 such city at any one time and to operate such systems within such zones 26 (iii) when a school speed limit is in effect as provided in paragraphs 27 one and two of subdivision (c) of section eleven hundred eighty of this 28 article or (iv) when other speed limits are in effect as provided in 29 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 30 this article during the following times: (A) on school days during 31 school hours and one hour before and one hour after the school day, and 32 (B) a period during student activities at the school and up to thirty 33 minutes immediately before and up to thirty minutes immediately after 34 such student activities. In selecting a school speed zone in which to 35 install and operate a photo speed violation monitoring system, the city 36 of New York shall consider criteria including, but not limited to, the 37 speed data, crash history, and the roadway geometry applicable to such 38 school speed zone. Such city shall prioritize the placement of photo 39 speed violation monitoring systems in school speed zones based upon 40 speed data or the crash history of a school speed zone. A photo speed 41 violation monitoring system shall not be installed or operated on a 42 controlled-access highway exit ramp or within three hundred feet along a 43 highway that continues from the end of a controlled-access highway exit 44 ramp. 45 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle 46 and traffic law, as added by chapter 189 of the laws of 2013, is amended 47 to read as follows: 48 2. No photo speed violation monitoring system shall be used in a 49 school speed zone unless (i) on the day it is to be used it has success- 50 fully passed a self-test of its functions; and (ii) it has undergone an 51 annual calibration check performed pursuant to paragraph four of this 52 subdivision. The city [may] shall install signs giving notice that a 53 photo speed violation monitoring system is in use to be mounted on 54 advance warning signs notifying approaching motor vehicle operators ofS. 8827--A 4 1 such upcoming school speed zone and/or on speed limit signs applicable 2 within such school speed zone, in conformance with standards established 3 in the MUTCD. Such advance warning signs shall also, to the extent 4 authorized by the MUTCD, contain the words "speed camera ahead" and be 5 no more than three hundred feet from such photo speed violation monitor- 6 ing system. 7 § 3. Subdivision (n) of section 1180-b of the vehicle and traffic law, 8 as added by chapter 189 of the laws of 2013, is amended to read as 9 follows: 10 (n) If the city adopts a demonstration program pursuant to subdivision 11 [one] (a) of this section it shall conduct a study and submit [a] an 12 annual report on the results of the use of photo devices to the gover- 13 nor, the temporary president of the senate and the speaker of the assem- 14 bly on or before June first, two thousand nineteen and on the same date 15 in each succeeding year in which the demonstration program is operable. 16 Such report shall include: 17 1. the locations where and dates when photo speed violation monitoring 18 systems were used; 19 2. the aggregate number, type and severity of crashes, fatalities, 20 injuries and property damage reported within all school speed zones 21 within the city, to the extent the information is maintained by the 22 department of motor vehicles of this state; 23 3. the aggregate number, type and severity of crashes, fatalities, 24 injuries and property damage reported within school speed zones where 25 photo speed violation monitoring systems were used, to the extent the 26 information is maintained by the department of motor vehicles of this 27 state; 28 4. the number of violations recorded within all school speed zones 29 within the city, in the aggregate on a daily, weekly and monthly basis; 30 5. the number of violations recorded within each school speed zone 31 where a photo speed violation monitoring system is used, in the aggre- 32 gate on a daily, weekly and monthly basis; 33 6. the number of violations recorded within all school speed zones 34 within the city that were: 35 (i) more than ten but not more than twenty miles per hour over the 36 posted speed limit; 37 (ii) more than twenty but not more than thirty miles per hour over the 38 posted speed limit; 39 (iii) more than thirty but not more than forty miles per hour over the 40 posted speed limit; and 41 (iv) more than forty miles per hour over the posted speed limit; 42 7. the number of violations recorded within each school speed zone 43 where a photo speed violation monitoring system is used that were: 44 (i) more than ten but not more than twenty miles per hour over the 45 posted speed limit; 46 (ii) more than twenty but not more than thirty miles per hour over the 47 posted speed limit; 48 (iii) more than thirty but not more than forty miles per hour over the 49 posted speed limit; and 50 (iv) more than forty miles per hour over the posted speed limit; 51 8. the total number of notices of liability issued for violations 52 recorded by such systems; 53 9. the number of fines and total amount of fines paid after the first 54 notice of liability issued for violations recorded by such systems;S. 8827--A 5 1 10. the number of violations adjudicated and the results of such adju- 2 dications including breakdowns of dispositions made for violations 3 recorded by such systems; 4 11. the total amount of revenue realized by the city in connection 5 with the program; 6 12. the expenses incurred by the city in connection with the program; 7 [and] 8 13. the quality of the adjudication process and its results; and 9 14. the effectiveness and adequacy of the hours of operation for such 10 program to determine the impact on speeding violations and prevention of 11 crashes. 12 § 4. The opening paragraph of section 12 of chapter 43 of the laws of 13 2014, amending the vehicle and traffic law, the public officers law and 14 the general municipal law relating to photo speed violation monitoring 15 systems in school speed zones in the city of New York, is amended to 16 read as follows: 17 This act shall take effect on the thirtieth day after it shall have 18 become a law [and]; provided that sections one through ten of this act 19 shall expire 4 years after such effective date when upon such date the 20 provisions of such sections of this act shall be deemed repealed; and 21 provided further that any rules necessary for the implementation of this 22 act on its effective date shall be promulgated on or before such effec- 23 tive date, provided that: 24 § 5. The opening paragraph of section 15 of chapter 189 of the laws of 25 2013, amending the vehicle and traffic law and the public officers law 26 relating to establishing in a city with a population of one million or 27 more a demonstration program implementing speed violation monitoring 28 systems in school speed zones by means of photo devices, is amended to 29 read as follows: 30 This act shall take effect on the thirtieth day after it shall have 31 become a law and shall expire [5 years after such effective date when32upon such date the provisions of this act shall] and be deemed repealed 33 July 1, 2020; and provided further that any rules necessary for the 34 implementation of this act on its effective date shall be promulgated on 35 or before such effective date, provided that: 36 § 6. This act shall take effect immediately; provided that the amend- 37 ments to section 1180-b of the vehicle and traffic law made by sections 38 one, two and three of this act shall not affect the repeal of such 39 section and shall be deemed repealed therewith; and provided further 40 that the amendments to paragraph 2 of subdivision (a) of section 1180-b 41 of the vehicle and traffic law made by section two of this act shall 42 take effect on the ninetieth day after this act shall have become a law. 43 PART D 44 Section 1. Section 1268 of the public authorities law is amended by 45 adding a new subdivision 4 to read as follows: 46 4. The authority and the New York city transit authority or any of its 47 subsidiary corporations shall consult with and assist the city of New 48 York in implementing a temporary high-occupancy vehicle (HOV) program on 49 the Williamsburg bridge pursuant to section eleven hundred eleven-f of 50 the vehicle and traffic law. 51 § 2. The vehicle and traffic law is amended by adding a new section 52 235-a to read as follows: 53 § 235-a. Jurisdiction; Williamsburg bridge temporary high-occupancy 54 vehicle program. Notwithstanding any inconsistent provisions of anyS. 8827--A 6 1 general, special or local law or administrative code to the contrary, in 2 any city of a million or more which heretofore or hereafter is author- 3 ized to establish a parking violations bureau having jurisdiction to 4 hear and determine complaints of traffic infractions constituting park- 5 ing, standing or stopping violations in accordance with section two 6 hundred thirty-six of this article, such tribunal shall be authorized to 7 adjudicate the liability of owners for violations of subdivision (f) of 8 section eleven hundred ten and section eleven hundred eleven-f of this 9 chapter for violations of the temporary high-occupancy vehicle (HOV) 10 program as defined in such section eleven hundred eleven-f, and such 11 tribunal and the rules and regulations pertaining thereto shall be 12 constituted in substantial conformance with the following sections. 13 § 3. Section 236 of the vehicle and traffic law is amended by adding a 14 new subdivision 1-a to read as follows: 15 1-a. Creation. In any city of a million or more as hereinbefore or 16 hereafter authorized such tribunal when created shall be known as the 17 parking violations bureau and shall have jurisdiction of traffic infrac- 18 tions which constitute a parking violation and shall adjudicate liabil- 19 ity of owners in accordance with subdivision (f) of section eleven 20 hundred ten and section eleven hundred eleven-f of this chapter for 21 violations of the temporary high-occupancy vehicle (HOV) program as 22 defined in such section eleven hundred eleven-f. For the purposes of 23 this article, a parking violation is the violation of any law, rule or 24 regulation providing for or regulating the parking, stopping or standing 25 of a vehicle. In addition for purposes of this article, "commissioner" 26 shall mean and include the commissioner of traffic of the city or an 27 official possessing authority as such a commissioner. 28 § 4. Section 237 of the vehicle and traffic law is amended by adding a 29 new subdivision 16 to read as follows: 30 16. To adjudicate the liability of owners for violations of subdivi- 31 sion (f) of section eleven hundred ten and section eleven hundred 32 eleven-f of this chapter. 33 § 5. Subdivision 1 of section 239 of the vehicle and traffic law is 34 amended by adding a new paragraph f-1 to read as follows: 35 f-1. "Notice of violation" means a notice of violation as defined in 36 subdivision nine of section two hundred thirty-seven of this article and 37 shall not be deemed to include a notice of liability issued pursuant to 38 authorization set forth in subdivision (f) of section eleven hundred ten 39 and section eleven hundred eleven-f of this chapter. 40 § 6. Section 240 of the vehicle and traffic law is amended by adding 41 three new subdivisions 1-b, 1-c and 2-a to read as follows: 42 1-b. Notice of hearing. Whenever a person alleged to be liable in 43 accordance with the provisions of subdivision (f) of section eleven 44 hundred ten and section eleven hundred eleven-f of this chapter enters a 45 plea of not guilty or contests such an allegation, the bureau shall 46 advise such person personally by such form of first class mail as the 47 director may direct of the date on which he or she must appear to answer 48 the charge at a hearing. The form and content of such notice of hearing 49 shall be prescribed by the director, and shall contain a warning to 50 advise the person so pleading or contesting that failure to appear on 51 the date designated, or on any subsequent adjourned date, shall be 52 deemed an admission of liability, and that a default judgment may be 53 entered thereon. 54 1-c. Fines and penalties. Whenever a plea of not guilty has been 55 entered, or the bureau has been notified that an allegation of liability 56 in accordance with subdivision (f) of section eleven hundred ten andS. 8827--A 7 1 section eleven hundred eleven-f of this chapter is being contested, by a 2 person in a timely fashion and a hearing on the merits has been 3 demanded, but has not yet been held, the bureau shall not issue any 4 notice of fine or penalty to that person prior to the date of the hear- 5 ing. 6 2-a. Conduct of hearings. a. Every hearing for an adjudication of an 7 allegation of liability in accordance with subdivision (f) of section 8 eleven hundred ten and section eleven hundred eleven-f of this chapter 9 shall be held before a hearing examiner in accordance with rules and 10 regulations promulgated by the bureau. 11 b. No charge may be established except upon proof by substantial 12 evidence. 13 c. The hearing examiner shall not be bound by the rules of evidence in 14 the conduct of the hearing, except rules relating to privileged communi- 15 cations. 16 d. The hearing examiner shall at the request of the person charged on 17 a showing of good cause and need therefor, or in his or her own 18 discretion, issue a subpoena to compel the appearance at a hearing of 19 the officer who served the notice of violation or of other persons to 20 give testimony, and may issue a subpoena duces tecum to compel the 21 production for examination or introduction into evidence, of any book, 22 paper or other thing relevant to the charges. 23 e. In the case of a refusal to obey a subpoena, the bureau may make 24 application to the Supreme Court pursuant to section twenty-three 25 hundred eight of the civil practice law and rules, for an order requir- 26 ing such appearance, testimony or production of evidence. 27 f. The hearing examiner shall not examine the prior violation record 28 of a person charged before making a determination. 29 g. A record shall be made of a hearing on a plea of not guilty or of a 30 hearing at which liability in accordance with subdivision (f) of section 31 eleven hundred ten and section eleven hundred eleven-f of this chapter 32 is contested. Recording devices may be used for the making of the 33 record. 34 § 7. Section 241 of the vehicle and traffic law is amended by adding 35 two new subdivisions 1-a and 2-a to read as follows: 36 1-a. The hearing examiner shall make a determination on the charges, 37 either sustaining or dismissing them. Where the hearing examiner deter- 38 mines that the charges have been sustained he or she may examine either 39 the prior parking violations record or the record of liabilities 40 incurred in accordance with enforcement of subdivision (f) of section 41 eleven hundred ten and section eleven hundred eleven-f of this chapter 42 of the person charged prior to rendering a final determination. Final 43 determinations sustaining or dismissing charges shall be entered on a 44 final determination roll maintained by the bureau together with records 45 showing payment and nonpayment of penalties. 46 2-a. Where an operator or owner fails to enter a plea to or contest an 47 allegation of liability in accordance with subdivision (f) of section 48 eleven hundred ten and section eleven hundred eleven-f of this chapter 49 or fails to appear on a designated hearing date or subsequent adjourned 50 date or fails after a hearing to comply with the determination of a 51 hearing examiner, as prescribed by this article or by rule or regulation 52 of the bureau, such failure to plead, appear or comply shall be deemed, 53 for all purposes, an admission of liability and shall be grounds for 54 rendering and entering a default judgment in an amount provided by the 55 rules and regulations of the bureau. However, after the expiration of 56 the original date prescribed for entering a plea and before a defaultS. 8827--A 8 1 judgment may be rendered, in such case the bureau shall pursuant to the 2 applicable provisions of law notify such operator or owner, by such form 3 of first class mail as the commission may direct: (1) of the violation 4 charged or liability in accordance with subdivision (f) of section elev- 5 en hundred ten and section eleven hundred eleven-f of this chapter 6 alleged, (2) of the impending default judgment, (3) that such judgment 7 will be entered in the Civil Court of the city in which the bureau has 8 been established, or other court of civil jurisdiction or any other 9 place provided for the entry of civil judgments within the state of New 10 York, and (4) that a default may be avoided by entering a plea or 11 contesting an allegation of liability in accordance with section eleven 12 hundred eleven-f of this chapter or making an appearance within thirty 13 days of the sending of such notice. Pleas entered within that period 14 shall be in the manner prescribed in the notice and not subject to addi- 15 tional penalty or fee. Such notice of impending default judgment shall 16 not be required prior to the rendering and entry thereof in the case of 17 operators or owners who are non-residents of the state of New York. In 18 no case shall a default judgment be rendered or, where required, a 19 notice of impending default judgment be sent, more than two years after 20 the expiration of the time prescribed for entering a plea. When a person 21 has demanded a hearing, no fine or penalty shall be imposed for any 22 reason prior to the holding of the hearing. If the hearing examiner 23 shall make a determination on the charges, sustaining them, he or she 24 shall impose no greater penalty or fine than those upon which the person 25 was originally charged. 26 § 8. Subdivision 5-a of section 401 of the vehicle and traffic law is 27 amended by adding a new paragraph a-1 to read as follows: 28 a-1. If at the time of application for a registration or renewal ther- 29 eof there is a certification from a court or administrative tribunal of 30 appropriate jurisdiction that the registrant or his or her represen- 31 tative failed to appear on the return date or any subsequent adjourned 32 date or failed to comply with the rules and regulations of an adminis- 33 trative tribunal following entry of a final decision in response to a 34 total of three or more summonses or other process in the aggregate, 35 issued within an eighteen-month period, charging that the registrant was 36 liable in accordance with subdivision (f) of section eleven hundred ten 37 and section eleven hundred eleven-f of this chapter for a violation of 38 the temporary high-occupancy vehicle (HOV) program as defined in such 39 section eleven hundred eleven-f, the commissioner or his or her agent 40 shall deny the registration or renewal application until the applicant 41 provides proof from the court or administrative tribunal wherein the 42 charges are pending that an appearance or answer has been made or in the 43 case of an administrative tribunal that he or she has complied with the 44 rules and regulations of said tribunal following entry of a final deci- 45 sion. Where an application is denied pursuant to this section, the 46 commissioner may, in his or her discretion, deny a registration or 47 renewal application to any other person for the same vehicle and may 48 deny a registration or renewal application for any other motor vehicle 49 registered in the name of the applicant where the commissioner has 50 determined that such registrant's intent has been to evade the purposes 51 of this subdivision and where the commissioner has reasonable grounds to 52 believe that such registration or renewal will have the effect defeating 53 the purposes of this subdivision. Such denial shall only remain in 54 effect as long as the summonses remain unanswered, or in the case of an 55 administrative tribunal, the registrant fails to comply with the rules 56 and regulations following entry of a final decision.S. 8827--A 9 1 § 9. Section 1110 of the vehicle and traffic law is amended by adding 2 a new subdivision (f) to read as follows: 3 (f) Every person shall obey the instructions of any official traffic- 4 control device placed to delineate high-occupancy vehicle lane 5 restrictions pursuant to section eleven hundred eleven-f of this chap- 6 ter, unless otherwise directed by a traffic or police officer, subject 7 to the exceptions granted the driver of an authorized emergency vehicle 8 in this title. 9 § 10. The vehicle and traffic law is amended by adding a new section 10 1111-f to read as follows: 11 § 1111-f. Owner liability for failure of operator to comply with 12 temporary high-occupancy vehicle program restrictions. (a) 1. Notwith- 13 standing any other provision of law, the city of New York in consulta- 14 tion with the metropolitan transportation authority is hereby authorized 15 and empowered to establish a temporary high-occupancy vehicle (HOV) 16 program on the Williamsburg bridge. Such program will impose monetary 17 liability on the owner of a vehicle for failure of an operator thereof 18 to comply with HOV restrictions in such city in accordance with the 19 provisions of this section. The New York city department of transporta- 20 tion, for purposes of the implementation of such program, shall operate 21 HOV photo devices only within designated HOV areas on the Williamsburg 22 bridge in such city. Such HOV photo devices shall be stationary and 23 shall be activated at locations determined by such department. 24 2. Any image produced by an HOV photo device shall not be used for any 25 purpose other than as specified in this section in the absence of a 26 court order requiring such image to be produced. 27 3. The city of New York shall adopt and enforce measures to protect 28 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 29 tity and identifying information may be captured by an HOV photo device, 30 provided, however, that no notice of liability issued pursuant to this 31 section shall be dismissed solely because an image produced by an HOV 32 photo device allows for the identification of the driver, the passen- 33 gers, or the contents of a vehicle. Such protective measures shall 34 include: 35 (i) a prohibition on the use or dissemination of vehicles' license 36 plate information and other information and images captured by HOV photo 37 devices except: (A) as required to establish liability under this 38 section or collect payment of penalties; (B) as required by court order; 39 (C) as required pursuant to a search warrant issued in accordance with 40 the criminal procedure law or a subpoena; or (D) as otherwise required 41 by law; 42 (ii) the installation of signage in advance of entry points to desig- 43 nated HOV areas stating that HOV photo devices are used to enforce HOV 44 restrictions; and 45 (iii) oversight procedures to ensure compliance with the aforemen- 46 tioned privacy protection measures. 47 4. Within the city of New York, such HOV photo devices used in accord- 48 ance with the temporary HOV program shall only be operated within desig- 49 nated HOV areas on the Williamsburg bridge during periods to be deter- 50 mined by the New York city department of transportation in consultation 51 with the metropolitan transportation authority in order to facilitate 52 traffic management. Determination of such periods shall be made based on 53 factors that include, but are not limited to, empirical traffic analyses 54 conducted by such department, input from the public, and guidance from 55 appropriate government entities regarding mitigation strategies.S. 8827--A 10 1 (b) If the city of New York has established a temporary HOV program 2 pursuant to subdivision (a) of this section, the owner of a vehicle 3 shall be liable for a penalty imposed pursuant to this section if such 4 vehicle was used or operated with the permission of the owner, express 5 or implied, in violation of any HOV restrictions that apply, and such 6 violation is evidenced by information obtained from a HOV photo device; 7 provided however that no owner of a vehicle shall be liable for a penal- 8 ty imposed pursuant to this section where the operator of such vehicle 9 has been convicted of the underlying violation of any HOV restrictions. 10 (c) For purposes of this section, the following terms shall have the 11 following meanings: 12 1. "Owner" shall have the meaning provided in article two-B of this 13 chapter. 14 2. "High-occupancy vehicle" or "HOV" shall mean vehicles with three or 15 more occupants. 16 3. "HOV photo device" shall mean a device that is capable of operating 17 independently of an enforcement officer and produces one or more images 18 of each vehicle at the time it is in violation of HOV restrictions. 19 4. "HOV restrictions" shall mean restrictions, within the temporary 20 HOV program, on the use of designated areas of the Williamsburg bridge, 21 during time periods to be defined by the New York city department of 22 transportation, by a vehicle other than: (i) an HOV; (ii) a vehicle 23 registered as a commercial vehicle pursuant to part one hundred six of 24 title fifteen of the New York codes, rules and regulations; (iii) an 25 authorized emergency vehicle; (iv) an access-a-ride vehicle as defined 26 in chapter five of title thirty-four of the rules of the city of New 27 York; or (v) a bus. 28 5. "Temporary HOV program" shall mean a temporary program that oper- 29 ates exclusively within designated HOV areas on the Williamsburg bridge 30 during periods of high-traffic volume to be determined by the New York 31 city department of transportation. Determination of such periods shall 32 be made based on factors that include, but are not limited to, empirical 33 traffic analyses conducted by such department, input from the public, 34 and guidance from appropriate government entities regarding mitigation 35 strategies. 36 (d) A certificate, sworn to or affirmed by a technician employed by 37 the city of New York, or a facsimile thereof, based upon inspection of 38 photographs, microphotographs, videotape or other recorded images 39 produced by an HOV photo device, shall be prima facie evidence of the 40 facts contained therein. Subject to paragraph three of subdivision (g) 41 of this section, any photographs, microphotographs, videotape or other 42 recorded images evidencing such a violation shall be available for 43 inspection in any proceeding to adjudicate the liability for such 44 violation pursuant to this section. 45 (e) An owner liable for a violation of an HOV restriction imposed on 46 the Williamsburg bridge in accordance with the temporary HOV program 47 shall be liable for monetary penalties in accordance with a schedule of 48 fines and penalties promulgated by the parking violations bureau of the 49 city of New York; provided, however, that the monetary penalty for 50 violating an HOV restriction shall not exceed thirty-five dollars; 51 provided, further, than an owner shall be liable for an additional 52 penalty not to exceed twenty-five dollars for each violation for the 53 failure to respond to a notice of liability within the prescribed time 54 period. All monetary penalties imposed by this section shall, within 55 the first ten days of the month next succeeding the collection of such 56 penalties, be paid by the collecting authority to the state comptrollerS. 8827--A 11 1 to be deposited in the outer borough transportation account of the New 2 York city transportation assistance fund established by paragraph (ii) 3 of subdivision 1 of section twelve hundred seventy-I of the public 4 authorities law. 5 (f) An imposition of liability pursuant to this section shall not be 6 deemed a conviction of an operator and shall not be made part of the 7 operating record of the person upon whom such liability is imposed, nor 8 shall it be used for insurance purposes in the provision of motor vehi- 9 cle insurance coverage. 10 (g) 1. A notice of liability shall be sent by first class mail to each 11 person alleged to be liable as an owner for a violation of the temporary 12 HOV program. Personal delivery to the owner shall not be required. A 13 manual or automatic record of mailing prepared in the ordinary course of 14 business shall be prima facie evidence of the facts contained therein. 15 2. A notice of liability shall contain the name and address of the 16 person alleged to be liable as an owner for a violation of the temporary 17 HOV program, the registration number of the vehicle involved in such 18 violation, the location where such violation took place, one or more 19 images identifying the violation, the date and time of such violation 20 and the identification number of the HOV photo device which recorded the 21 violation or other document locator number. 22 3. The notice of liability shall contain information advising the 23 person charged of the manner and the time in which he or she may contest 24 the liability alleged in the notice. Such notice of liability shall also 25 contain a warning to advise the person charged that failure to contest 26 in the manner and time provided shall be deemed an admission of liabil- 27 ity and that a default judgment may be entered thereon. 28 4. The notice of liability shall be prepared and mailed by the agency 29 or agencies designated by the city of New York, or any other entity 30 authorized by such city to prepare and mail such notification of 31 violation. 32 5. Adjudication of the liability imposed upon owners by this section 33 shall be by the New York city parking violations bureau. 34 (h) If an owner of a vehicle receives a notice of liability pursuant 35 to this section for any time period during which such vehicle was 36 reported to the police department as having been stolen, it shall be a 37 valid defense to an allegation of liability for a violation of the 38 temporary HOV program that the vehicle had been reported to the police 39 as stolen prior to the time the violation occurred and had not been 40 recovered by such time. For purposes of asserting the defense provided 41 by this subdivision it shall be sufficient that a certified copy of the 42 police report on the stolen vehicle be sent by first class mail to the 43 parking violations bureau of such city. 44 (i) 1. An owner who is a lessor of a vehicle to which a notice of 45 liability was issued pursuant to subdivision (g) of this section shall 46 not be liable for the violation of the temporary HOV program, provided 47 that: 48 (i) prior to the violation, the lessor has filed with such parking 49 violations bureau in accordance with the provisions of paragraph f-one 50 of subdivision one of section two hundred thirty-nine of this chapter; 51 and 52 (ii) within thirty-seven days after receiving notice from such bureau 53 of the date and time of a liability, together with the other information 54 contained in the original notice of liability, the lessor submits to 55 such bureau the correct name and address of the lessee of the vehicle 56 identified in the notice of liability at the time of such violation,S. 8827--A 12 1 together with such other additional information contained in the rental, 2 lease or other contract document, as may be reasonably required by such 3 bureau pursuant to regulations that may be promulgated for such purpose. 4 2. Failure to comply with subparagraph (ii) of paragraph one of this 5 subdivision shall render the lessor liable for the penalty prescribed in 6 this section. 7 3. Where the lessor complies with the provisions of paragraph one of 8 this subdivision, the lessee of such vehicle on the date of such 9 violation shall be deemed to be the owner of such vehicle for purposes 10 of this section, shall be subject to liability for such violation pursu- 11 ant to this section, and shall be sent a notice of liability pursuant to 12 subdivision (g) of this section. 13 (j) If the owner liable for a violation of the temporary HOV program 14 was not the operator of the vehicle at the time of the violation, the 15 owner may maintain an action for indemnification against the operator. 16 (k) Nothing in this section shall be construed to limit the liability 17 of an operator of a vehicle for any violation of HOV restrictions. 18 (l) On and after the date of restoration of regular subway passenger 19 service in the Canarsie tunnel, the city of New York shall not be 20 authorized or empowered to establish or continue a temporary HOV program 21 on the Williamsburg bridge pursuant to paragraph one of subdivision (a) 22 of this section; provided that any violations issued prior to such date 23 may be adjudicated after such date. On and after the date of restoration 24 of regular subway passenger service in the Canarsie tunnel, the New York 25 city department of transportation shall not be authorized to operate HOV 26 photo devices pursuant to paragraph one of subdivision (a) of this 27 section; provided that any violations issued prior to such date may be 28 adjudicated after such date. 29 § 11. Section 1809-e of the vehicle traffic law is amended by adding a 30 new subdivision 4 to read as follows: 31 4. The provisions of this section authorizing the imposition of a 32 surcharge shall not apply to adjudications conducted in accordance with 33 section eleven hundred eleven-f of this chapter. 34 § 12. Subdivision 2 of section 87 of the public officers law is 35 amended by adding a new paragraph (p) to read as follows: 36 (p) are photographs, microphotographs, videotape or other recorded 37 images prepared under authority of section eleven hundred eleven-f of 38 the vehicle and traffic law. 39 § 13. The New York city department of transportation shall: (i) prior 40 to implementing a temporary high-occupancy vehicle (HOV) program on the 41 Williamsburg bridge as authorized by section 1111-f of the vehicle and 42 traffic law, as added by section ten of this act, and in consultation 43 with the metropolitan transportation authority, in accordance with 44 subdivision 4 of section 1268 of the public authorities law, as added by 45 section one of this act, communicate to the public, including the 46 affected communities in New York and Kings counties, the plan for HOV 47 restrictions so as to maximize awareness of such temporary HOV program; 48 (ii) for at least 40 days prior to implementing such temporary HOV 49 program, send by first class mail notice of such upcoming implementation 50 to the owner of any vehicle that is not a bus, a commercial vehicle, an 51 authorized emergency vehicle, or an access-a-ride vehicle, identified as 52 having been driven on the Williamsburg bridge with fewer than three 53 occupants during time periods defined by the New York city department of 54 transportation in accordance with the provisions of section 1111-f of 55 the vehicle and traffic law, as added by section ten of this act; and 56 (iii) take such measures as are necessary to implement such temporaryS. 8827--A 13 1 HOV program prior to its implementation, including promulgating any 2 rules and regulations necessary for the implementation of this act. 3 Failure to comply with the provisions of this section shall not affect 4 the validity or implementation of the temporary HOV program authorized 5 by section 1111-f of the vehicle and traffic law, as added by section 6 ten of this act. 7 § 14. (a) This act shall take effect immediately; provided, however, 8 that sections one through twelve of this act shall take effect April 1, 9 2019, and shall expire six months after the metropolitan transportation 10 authority restores regular subway passenger service in the Canarsie 11 tunnel, or April 1, 2021, whichever is earlier, when upon such date the 12 provisions of this act shall be deemed repealed; provided that the New 13 York city department of transportation shall notify the legislative bill 14 drafting commission upon the occurrence of such restoration in order 15 that the commission may maintain an accurate and timely effective data- 16 base of the official text of the laws of the state of New York in furth- 17 erance of effectuating the provisions of section 44 of the legislative 18 law and section 70-b of the public officers law. 19 (b) On and after the date the metropolitan transportation authority 20 restores regular subway passenger service in the Canarsie tunnel, or 21 April 1, 2021, whichever is earlier, the city of New York shall not be 22 authorized or empowered to establish or continue a temporary HOV program 23 on the Williamsburg bridge pursuant to paragraph 1 of subdivision (a) of 24 section 1111-f of the vehicle and traffic law, as added by section ten 25 of this act. On and after the date of restoration of regular subway 26 passenger service in the Canarsie tunnel, or April 1, 2021, whichever is 27 earlier, the New York city department of transportation shall not be 28 authorized to operate HOV photo devices pursuant to paragraph 1 of 29 subdivision (a) of section 1111-f of the vehicle and traffic law, as 30 added by section ten of this act. 31 (c) Notwithstanding the expiration and repeal of certain provisions of 32 this act, any violations issued prior to the date of restoration of 33 regular subway passenger service in the Canarsie tunnel may be adjudi- 34 cated after such date. 35 § 2. Severability. If any clause, sentence, paragraph, subdivision, 36 section or part of this act shall be adjudged by any court of competent 37 jurisdiction to be invalid, such judgment shall not affect, impair, or 38 invalidate the remainder thereof, but shall be confined in its operation 39 to the clause, sentence, paragraph, subdivision, section or part thereof 40 directly involved in the controversy in which such judgment shall have 41 been rendered. It is hereby declared to be the intent of the legislature 42 that this act would have been enacted even if such invalid provisions 43 had not been included herein. 44 § 3. This act shall take effect immediately; provided, however, that 45 the applicable effective date of Parts A through D of this act shall be 46 as specifically set forth in the last section of such Parts.
