Bill Text: NY S08976 | 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 2-0)

Status: (Introduced - Dead) 2018-06-08 - REFERRED TO RULES [S08976 Detail]

Download: New_York-2017-S08976-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8976
                    IN SENATE
                                      June 8, 2018
                                       ___________
        Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules
        AN ACT to amend the vehicle and traffic law, the  public  officers  law,
          the  general  municipal  law, the state finance law, and the judiciary
          law, in relation to establishing the adjudication  process  and  owner
          liability  for  failure  of an operator to comply with traffic-control
          indications and establishing a traffic and parking  violations  agency
          in  the  county  of  Westchester; and providing for the repeal of such
          provisions upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (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.
                                                                   LBD16249-01-8

        S. 8976                             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

        S. 8976                             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

        S. 8976                             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

        S. 8976                             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:

        S. 8976                             6
     1    a. If at the time of application for a registration or renewal thereof
     2  there is a certification from a  court  or  administrative  tribunal  of
     3  appropriate  jurisdiction  that  the  registrant or his or her represen-
     4  tative failed to appear on the return date or any  subsequent  adjourned
     5  date  or  failed to comply with the rules and regulations of an adminis-
     6  trative tribunal following entry of a  final  decision  in  response  to
     7  three  or  more  summonses  or  other process, issued within an eighteen
     8  month period, charging that such motor vehicle was  parked,  stopped  or
     9  standing, 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

        S. 8976                             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.

        S. 8976                             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-

        S. 8976                             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

        S. 8976                            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;

        S. 8976                            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

        S. 8976                            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

        S. 8976                            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

        S. 8976                            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

        S. 8976                            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

        S. 8976                            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

        S. 8976                            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

        S. 8976                            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 and a new  subdi-
    52  vision 2-b is added to read as follows:
    53    1.  "Traffic and parking violations agency" shall mean a department of
    54  the Nassau county government established pursuant to subdivision two  of
    55  section  three  hundred  seventy  of this article or a department in the
    56  Suffolk county government established pursuant to subdivision  three  of

        S. 8976                            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    2-b. "Traffic prosecutor" shall also mean an attorney duly admitted to
     5  practice  law  in  the  state  of New York who has the responsibility of
     6  prosecuting any traffic infractions returnable before any of  the  local
     7  courts  in Westchester county having jurisdiction over parking and traf-
     8  fic infractions which occur on roads or property owned by, or under  the
     9  control of Westchester county pursuant to the jurisdictional limitations
    10  of section three hundred seventy-one-a of this article.
    11    §  8.  The  general  municipal  law is amended by adding a new section
    12  371-a to read as follows:
    13    § 371-a. Jurisdiction and procedure; Westchester county. 1. The  West-
    14  chester  county  traffic  and  parking violations agency, as established
    15  under subdivision six of section three hundred seventy of this  article,
    16  may  be authorized to dispose of violations of traffic laws, ordinances,
    17  rules and regulations when such offense shall not constitute the traffic
    18  infraction known as speeding or a misdemeanor or felony, and, if author-
    19  ized by local law, to adjudicate the liability of owners for  violations
    20  of  subdivision  (d) of section eleven hundred eleven of the vehicle and
    21  traffic law in accordance with section eleven hundred eleven-f  of  such
    22  law.  The  Westchester  county traffic and parking violations agency may
    23  also be authorized to assist the  local  courts  in  Westchester  county
    24  having  jurisdiction over parking and traffic infractions which occur on
    25  roads or property owned by, or under the control of Westchester  county,
    26  in  the  disposition  and  administration  of infractions of traffic and
    27  parking laws, ordinances, rules and regulations  and  the  liability  of
    28  owners for violations of subdivision (d) of section eleven hundred elev-
    29  en  of  the  vehicle  and  traffic law in accordance with section eleven
    30  hundred eleven-f of such law, except that such agencies shall  not  have
    31  jurisdiction  over  (a) the traffic infraction defined under subdivision
    32  one of section eleven hundred ninety-two of the vehicle and traffic law;
    33  (b) the traffic infraction defined under  subdivision  five  of  section
    34  eleven  hundred  ninety-two  of  the  vehicle  and  traffic law; (c) the
    35  violation defined under paragraph (b) of  subdivision  four  of  section
    36  fourteen-f  of  the  transportation  law and the violation defined under
    37  clause (b) of subparagraph (iii) of paragraph c of  subdivision  two  of
    38  section  one  hundred  forty  of the transportation law; (d) the traffic
    39  infraction defined under section three  hundred  ninety-seven-a  of  the
    40  vehicle  and traffic law and the traffic infraction defined under subdi-
    41  vision (g) of section eleven hundred eighty of the vehicle  and  traffic
    42  law;  (e)  any misdemeanor or felony; or (f) any offense that is part of
    43  the same criminal transaction, as that term is  defined  in  subdivision
    44  two  of  section  40.10 of the criminal procedure law, as a violation of
    45  subdivision one of section eleven hundred ninety-two of the vehicle  and
    46  traffic  law,  a violation of subdivision five of section eleven hundred
    47  ninety-two of the vehicle and traffic law, a violation of paragraph  (b)
    48  of  subdivision  four of section fourteen-f of the transportation law, a
    49  violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-
    50  sion two of section one hundred  forty  of  the  transportation  law,  a
    51  violation  of  section  three  hundred ninety-seven-a of the vehicle and
    52  traffic law, a violation of subdivision (g) of  section  eleven  hundred
    53  eighty of the vehicle and traffic law or any misdemeanor or felony.
    54    2.  A  person charged with an infraction which shall be disposed of by
    55  the Westchester county traffic and  parking  violations  agency  may  be
    56  permitted  to  answer,  within  a  specified  time,  at  the traffic and

        S. 8976                            20
     1  violations agency either in person or by written power  of  attorney  in
     2  such  form as may be prescribed in the local law creating the agency, by
     3  paying a prescribed fine and, in writing, waiving a  hearing  in  court,
     4  pleading guilty to the charge or admitting liability as an owner for the
     5  violation  of  subdivision  (d)  of section eleven hundred eleven of the
     6  vehicle and traffic law, as the case may be, and authorizing the  person
     7  in  charge  of  the  agency to enter such a plea or admission and accept
     8  payment of said fine. Acceptance of the prescribed  fine  and  power  of
     9  attorney  by  the  agency  shall be deemed complete satisfaction for the
    10  violation or of the liability, and the violator or owner  liable  for  a
    11  violation  of  subdivision  (d)  of section eleven hundred eleven of the
    12  vehicle and traffic law shall be given a receipt which so states.  If  a
    13  person  charged with a traffic violation does not answer as hereinbefore
    14  prescribed, within a designated time, the agency may cause  a  complaint
    15  to  be  entered against him forthwith and a warrant to be issued for his
    16  arrest and appearance before the  court  having  jurisdiction  over  the
    17  traffic  infraction,  such  summons  to  be predicated upon the personal
    18  service of said summons upon the person charged with the infraction. Any
    19  person who shall have been, within the preceding twelve  months,  guilty
    20  of  a  number  of parking violations in excess of such maximum number as
    21  may be designated by the court, or of three  or  more  violations  other
    22  than  parking violations, shall not be permitted to appear and answer to
    23  a subsequent violation at the traffic and parking violations agency, but
    24  must appear in court at a time specified  by  the  agency.  Such  agency
    25  shall  not  be authorized to deprive a person of his right to counsel or
    26  to prevent him from exercising his right to appear in  court  to  answer
    27  to,  explain,  or  defend  any charge of a violation of any traffic law,
    28  ordinance, rule or regulation.
    29    3. Notwithstanding any inconsistent provision of law, fines, penalties
    30  and forfeitures collected by the Westchester county traffic and  parking
    31  violations  agency  shall be distributed as provided in section eighteen
    32  hundred three of the vehicle and traffic law. All fines,  penalties  and
    33  forfeitures for violations adjudicated by the Westchester county traffic
    34  and  parking  violations  agency  pursuant  to  subdivision  one of this
    35  section, with the exception of parking violations shall be paid by  such
    36  agency  to  the state comptroller within the first ten days of the month
    37  following collection. Each such payment shall be accompanied by  a  true
    38  and  complete  report  in  such form and detail as the comptroller shall
    39  prescribe.
    40    § 9. Section 99-l of the general municipal law is amended by adding  a
    41  new subdivision 3 to read as follows:
    42    3.  The county of Westchester shall be entitled to receive the amounts
    43  set forth in subdivision one of this section for  the  services  of  the
    44  Westchester  county  traffic  and  parking violations agency and for all
    45  other services instituted and triable in and by such  agency  wherein  a
    46  fine is imposed, a surcharge of ten dollars.
    47    §  10.  Subdivision  3  of  section  99-a of the state finance law, as
    48  amended by section 4 of part I of chapter 58 of the  laws  of  2018,  is
    49  amended to read as follows:
    50    3.  The  comptroller  is  hereby  authorized  to implement alternative
    51  procedures, including guidelines in conjunction therewith,  relating  to
    52  the remittance of fines, penalties, forfeitures and other moneys by town
    53  and  village  justice courts, and by the Nassau [and], Suffolk and West-
    54  chester counties traffic and parking violations  agencies,  and  by  the
    55  city  of Buffalo traffic violations agency, and by the city of Rochester
    56  traffic violations agency,  to  the  justice  court  fund  and  for  the

        S. 8976                            21
     1  distribution  of  such moneys by the justice court fund. Notwithstanding
     2  any law  to  the  contrary,  the  alternative  procedures  utilized  may
     3  include:
     4    a. electronic funds transfer;
     5    b. remittance of funds by the justice court to the chief fiscal office
     6  of the town or village, or, in the case of the Nassau [and], Suffolk and
     7  Westchester  counties  traffic  and  parking violations agencies, to the
     8  county treasurer, or, in the case  of  the  Buffalo  traffic  violations
     9  agency,  to  the  city  of  Buffalo  comptroller,  or in the case of the
    10  Rochester traffic violations agency, to the city of Rochester  treasurer
    11  for  distribution  in  accordance  with instructions by the comptroller;
    12  and/or
    13    c. monthly, rather than quarterly, distribution of funds.
    14    The comptroller may require such reporting and record keeping as he or
    15  she deems necessary to ensure  the  proper  distribution  of  moneys  in
    16  accordance  with  applicable  laws. A justice court or the Nassau [and],
    17  Suffolk and Westchester counties traffic and parking violations agencies
    18  or the city of Buffalo traffic violations agency or the city of  Roches-
    19  ter  traffic  violations  agency  may utilize these procedures only when
    20  permitted by the comptroller,  and  such  permission,  once  given,  may
    21  subsequently be withdrawn by the comptroller on due notice.
    22    §  11.  Subdivision  3  of  section  99-a of the state finance law, as
    23  amended by chapter 157 of the laws  of  2017,  is  amended  to  read  as
    24  follows:
    25    3.  The  comptroller  is  hereby  authorized  to implement alternative
    26  procedures, including guidelines in conjunction therewith,  relating  to
    27  the remittance of fines, penalties, forfeitures and other moneys by town
    28  and  village  justice courts, and by the Nassau [and], Suffolk and West-
    29  chester counties traffic and parking violations  agencies,  and  by  the
    30  city  of Buffalo traffic violations agency, and by the city of Rochester
    31  traffic violations agency to the justice court fund and for the distrib-
    32  ution of such moneys by the justice court fund. Notwithstanding any  law
    33  to the contrary, the alternative procedures utilized may include:
    34    a. electronic funds transfer;
    35    b. remittance of funds by the justice court to the chief fiscal office
    36  of the town or village, or, in the case of the Nassau [and], Suffolk and
    37  Westchester  counties  traffic  and  parking violations agencies, to the
    38  county treasurer, or, in the case  of  the  Buffalo  traffic  violations
    39  agency,  to  the  city  of  Buffalo  comptroller,  or in the case of the
    40  Rochester traffic violations agency, to the city of Rochester treasurer,
    41  for distribution in accordance with  instructions  by  the  comptroller;
    42  and/or
    43    c. monthly, rather than quarterly, distribution of funds.
    44    The comptroller may require such reporting and record keeping as he or
    45  she  deems  necessary  to  ensure  the  proper distribution of moneys in
    46  accordance with applicable laws. A justice court or  the  Nassau  [and],
    47  Suffolk and Westchester counties traffic and parking violations agencies
    48  or  the city of Buffalo traffic violations agency or the city of Roches-
    49  ter traffic violations agency may utilize  these  procedures  only  when
    50  permitted  by  the  comptroller,  and  such  permission, once given, may
    51  subsequently be withdrawn by the comptroller on due notice.
    52    § 12. Paragraph (e) of subdivision 2 of section 39  of  the  judiciary
    53  law,  as  amended  by  section  4 of part K of chapter 56 of the laws of
    54  2010, is amended to read as follows:
    55    (e) All fees collected pursuant to sections  eighteen  hundred  three,
    56  eighteen  hundred  three-A  and  nineteen hundred eleven of the New York

        S. 8976                            22
     1  city civil court act, all fees collected pursuant to state  law  by  the
     2  county  clerks  in  the  city  of New York, except as otherwise provided
     3  herein with respect to fees collected pursuant  to  subdivision  (a)  of
     4  section  eight thousand eighteen of the civil practice law and rules and
     5  except those fees collected by the clerk of Richmond county which in the
     6  other counties of the city of New York are collected by the city  regis-
     7  ters,  all fees collected pursuant to section eight thousand eighteen of
     8  the civil practice law and rules  except  only  to  the  extent  of  one
     9  hundred sixty-five dollars of any fee collected pursuant to subparagraph
    10  (i)  of  paragraph one of subdivision (a) of such section and except for
    11  those collected pursuant to subparagraph (ii) of paragraph one [of para-
    12  graph three] of such subdivision (a), all  fees  collected  pursuant  to
    13  section eight thousand twenty of the civil practice law and rules except
    14  for  those  collected  pursuant to subdivisions (f), (g) and (h) of said
    15  section, all fees collected pursuant to section eight  thousand  twenty-
    16  two  of the civil practice law and rules, all fees collected pursuant to
    17  section twenty-four hundred two of the surrogate's court procedure  act,
    18  all  fees collected pursuant to section eighteen hundred three, eighteen
    19  hundred three-A and subdivision (a) of section nineteen  hundred  eleven
    20  of  the  uniform  district  court  act,  all  fees collected pursuant to
    21  section eighteen hundred three, eighteen hundred three-A and subdivision
    22  (a) of section nineteen hundred eleven of the uniform city court act and
    23  all fines, penalties and forfeitures collected pursuant  to  subdivision
    24  eight  of section eighteen hundred three of the vehicle and traffic law,
    25  except such fines, penalties and forfeitures  collected  by  the  Nassau
    26  county  and  Westchester  county traffic and parking violations [agency]
    27  agencies, section 71-0211 of the environmental conservation law, section
    28  two hundred one of the navigation law and  subdivision  one  of  section
    29  27.13  of  the  parks, recreation and historic preservation law shall be
    30  paid to the state commissioner of taxation  and  finance  on  a  monthly
    31  basis  no  later  than  ten  days after the last day of each month.  The
    32  additional fee of five dollars collected by county clerks  in  New  York
    33  city  pursuant  to  paragraph  three of subdivision (a) of section eight
    34  thousand eighteen of the civil practice law and rules shall be  distrib-
    35  uted  monthly by the county clerks as follows: four dollars and seventy-
    36  five cents to the commissioner of education for deposit into  the  local
    37  government  records  management improvement funds; and twenty-five cents
    38  to the city of New York.
    39    § 13. The purchase or lease of equipment for a  demonstration  program
    40  established  pursuant  to  section 1111-f of the vehicle and traffic law
    41  shall be subject to the provisions of section 103 of the general munici-
    42  pal law.
    43    § 14. Notwithstanding any provision of law to the contrary no  non-ju-
    44  dicial  employee of any local court located in the county of Westchester
    45  shall suffer a diminution of salary, employment status or rights  solely
    46  by  operation  of  this act provided that nothing herein shall limit the
    47  legal authority of the chief administrator of the  courts  to  supervise
    48  the administration and operation of the unified court system.
    49    § 15. The administrative judge of Westchester county shall issue on an
    50  annual  basis,  beginning  eighteen months following the creation of the
    51  Westchester county traffic and parking  violations  agency  pursuant  to
    52  Westchester  county local law, a report detailing the progress, develop-
    53  ment and operations of the traffic and parking  violations  agency.  The
    54  report shall be provided to the governor, the temporary president of the
    55  senate,  the  speaker of the assembly, the Westchester county executive,
    56  the legislature of the county of Westchester, the presiding judge of the

        S. 8976                            23
     1  Westchester county district court and the  Westchester  county  district
     2  attorney.
     3    §  16.  This act shall take effect on the thirtieth day after it shall
     4  have become a law and shall expire 5 years  after  such  effective  date
     5  when upon such date the provisions of this act shall be deemed repealed;
     6  and  provided further that any rules necessary for the implementation of
     7  this act on its effective date shall be promulgated on  or  before  such
     8  effective date, provided that:
     9    (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
    10  5-a of section 401 of the vehicle and traffic law made by section one of
    11  this act shall not affect the expiration of such paragraph and shall  be
    12  deemed  to  expire  therewith,  when  upon  such  date the provisions of
    13  section one-a of this act shall take effect;
    14    (b) the amendments to paragraph a of subdivision 5-a of section 401 of
    15  the vehicle and traffic law made by section one-a of this act shall  not
    16  affect  the  expiration  of such paragraph and shall be deemed to expire
    17  therewith, when upon such date the provisions of section one-b  of  this
    18  act shall take effect;
    19    (c) the amendments to paragraph a of subdivision 5-a of section 401 of
    20  the  vehicle and traffic law made by section one-b of this act shall not
    21  affect the expiration of such paragraph and shall be  deemed  to  expire
    22  therewith,  when  upon such date the provisions of section one-c of this
    23  act shall take effect;
    24    (d) the amendments to paragraph a of subdivision 5-a of section 401 of
    25  the vehicle and traffic law made by section one-c of this act shall  not
    26  affect  the  expiration  of such paragraph and shall be deemed to expire
    27  therewith, when upon such date the provisions of section one-d  of  this
    28  act shall take effect;
    29    (e) the amendments to paragraph a of subdivision 5-a of section 401 of
    30  the  vehicle and traffic law made by section one-d of this act shall not
    31  affect the expiration of such paragraph and shall be  deemed  to  expire
    32  therewith,  when  upon such date the provisions of section one-e of this
    33  act shall take effect;
    34    (f) the amendments to paragraph a of subdivision 5-a of section 401 of
    35  the vehicle and traffic law made by section one-e of this act shall  not
    36  affect  the  expiration  of such paragraph and shall be deemed to expire
    37  therewith, when upon such date the provisions of section one-f  of  this
    38  act shall take effect;
    39    (f-1)  the amendments to paragraph a of subdivision 5-a of section 401
    40  of the vehicle and traffic law made by section one-f of this  act  shall
    41  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    42  expire therewith, when upon such date the provisions of section one-g of
    43  this act shall take effect;
    44    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    45  traffic law made by section three of this act shall not affect the expi-
    46  ration of such subdivision and shall be deemed to expire therewith, when
    47  upon such date the provisions of section three-a of this act shall  take
    48  effect;
    49    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    50  traffic  law  made  by  section three-a of this act shall not affect the
    51  expiration of such subdivision and shall be deemed to expire  therewith,
    52  when  upon such date the provisions of section three-b of this act shall
    53  take effect;
    54    (i) the amendments to subdivision 1 of section 1809 of the vehicle and
    55  traffic law made by section three-b of this act  shall  not  affect  the
    56  expiration  of such subdivision and shall be deemed to expire therewith,

        S. 8976                            24
     1  when upon such date the provisions of section three-c of this act  shall
     2  take effect;
     3    (j) the amendments to subdivision 1 of section 1809 of the vehicle and
     4  traffic  law  made  by  section three-c of this act shall not affect the
     5  expiration of such subdivision and shall be deemed to expire  therewith,
     6  when  upon such date the provisions of section three-d of this act shall
     7  take effect;
     8    (k) the amendments to subdivision 1 of section 1809 of the vehicle and
     9  traffic law made by section three-d of this act  shall  not  affect  the
    10  expiration  of such subdivision and shall be deemed to expire therewith,
    11  when upon such date the provisions of section three-e of this act  shall
    12  take effect;
    13    (l) the amendments to subdivision 1 of section 1809 of the vehicle and
    14  traffic  law  made  by  section three-e of this act shall not affect the
    15  expiration of such subdivision and shall be deemed to expire  therewith,
    16  when  upon such date the provisions of section three-f of this act shall
    17  take effect;
    18    (m) the amendments to subdivision 1 of section 1809 of the vehicle and
    19  traffic law made by section three-f of this act  shall  not  affect  the
    20  expiration  of such subdivision and shall be deemed to expire therewith,
    21  when upon such date the provisions of section three-g of this act  shall
    22  take effect;
    23    (n)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    24  of the vehicle and traffic law made by section four of  this  act  shall
    25  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    26  expire therewith, when upon such date the provisions of  section  four-a
    27  of this act shall take effect;
    28    (o)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    29  of the vehicle and traffic law made by section four-a of this act  shall
    30  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    31  expire therewith, when upon such date the provisions of  section  four-b
    32  of this act shall take effect;
    33    (p)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    34  of the vehicle and traffic law made by section four-b of this act  shall
    35  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    36  expire therewith, when upon such date the provisions of  section  four-c
    37  of this act shall take effect;
    38    (q)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    39  of the vehicle and traffic law made by section four-c of this act  shall
    40  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    41  expire therewith, when upon such date the provisions of  section  four-d
    42  of this act shall take effect;
    43    (r)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    44  of the vehicle and traffic law made by section four-d of this act  shall
    45  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    46  expire therewith, when upon such date the provisions of  section  four-e
    47  of this act shall take effect;
    48    (s)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    49  of the vehicle and traffic law made by section four-e of this act  shall
    50  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    51  expire therewith, when upon such date the provisions of  section  four-f
    52  of this act shall take effect; and
    53    (t)  the  amendments  to  subdivision  3  of section 99-a of the state
    54  finance law made by section ten of this act shall not affect the expira-
    55  tion of such subdivision and shall be deemed to expire  therewith,  when

        S. 8976                            25
     1  upon  such  date the provisions of section eleven of this act shall take
     2  effect.
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