senate Bill S870A

Vetoed Amended

Authorizes certain cities to adjudicate traffic infractions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 28 / Feb / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 17 / Apr / 2013
    • PRINT NUMBER 870A
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 09 / Oct / 2013
    • AMEND AND RECOMMIT TO RULES
  • 09 / Oct / 2013
    • PRINT NUMBER 870B
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 29 / Apr / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1059
  • 03 / Jun / 2014
    • AMENDED 870C
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • HOME RULE REQUEST
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A3702C
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.537
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 30 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 29 / Jan / 2015
    • POCKET VETO - VETO.587

Summary

Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.

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Bill Details

See Assembly Version of this Bill:
A3702A
Versions:
S870
S870A
S870B
S870C
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง225, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2353B, A612B
2009-2010: S1156B, A2062B
2007-2008: S3531A, A6482

Sponsor Memo

BILL NUMBER:S870A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to directing the city of Buffalo to adjudicate traffic
infractions

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would allow the city of Buffalo the same authority
offered to its surrounding suburbs to adjudicate traffic violations.
Currently, the state of New York adjudicates all traffic violations in
the city of Buffalo.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The vehicle and traffic law is amended by adding
Subdivision 1 of Section 225 of the Vehicle and Traffic Law.

JUSTIFICATION:

The purpose of this legislation is to allow the city of Buffalo to
adjudicate traffic infractions. New York State currently holds all
hearings in Buffalo without the option of a plea bargain system. If
the City of Buffalo adjudicates traffic infractions they will
implement a system that would allow traffic violators to have an
option of a plea bargain, which could lead to traffic school. This
system would offer two benefits to Buffalo residents now currently
enjoyed by suburban residents; the violator would be allowed to attend
traffic school thus hopefully becoming a safer and better driver and
also after attending school would not receive any points on his/her
license which in turn raises his/her insurance rates. City of Buffalo
residents already pay higher insurance rates and this system only
causes these rates to increase without any of the options that are
offered in the surrounding areas.

PRIOR LEGISLATIVE HISTORY:

S.1156B Passed in 2010-11

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect January 1, 2014 provided that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 870--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in  relation  to  directing
  the city of Buffalo to adjudicate traffic infractions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 1 of section 225 of the  vehicle  and  traffic
law,  as  amended by chapter 388 of the laws of 2012, is amended to read
as follows:
  1.  (A)  Notwithstanding  any  inconsistent  provision  of  law,   all
violations  of this chapter or of a law, ordinance, order, rule or regu-
lation relating to traffic, except parking, standing, stopping or pedes-
trian offenses, which occur within a city having  a  population  of  two
hundred  thousand or more in which administrative tribunals have hereto-
fore been established, and which are classified as traffic  infractions,
may  be  heard and determined pursuant to the regulations of the commis-
sioner as provided in this article.
  (B) FOR PURPOSES OF THIS ARTICLE WITH REGARD TO  THE  ADJUDICATION  OF
ANY  VIOLATION  OF  THIS  CHAPTER OR OF A LAW, ORDINANCE, ORDER, RULE OR
REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC-
TION, IN THE CITY OF BUFFALO, PARAGRAPH (A)  OF THIS  SUBDIVISION  SHALL
NOT  APPLY.    NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF A GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL  PROVIDE
BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS.
  (C)  Whenever  a  crime and a traffic infraction arise out of the same
transaction or occurrence, a charge alleging both offenses may  be  made
returnable  before the court having jurisdiction over the crime. Nothing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04104-04-3

S. 870--A                           2

herein provided shall be construed to prevent a court, having  jurisdic-
tion over a criminal charge relating to traffic or a traffic infraction,
from lawfully entering a judgment of conviction, whether or not based on
a plea of guilty, for any offense classified as a traffic infraction.
  S  2.  This  act  shall take effect January 1, 2014, provided that the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

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