assembly Bill A9583

Amended

Relates to owner liability for failure of operator to comply with traffic control indications in the city of Albany

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  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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Summary

Relates to owner liability for failure of operator to comply with traffic control indications in the city of Albany; authorizes such city to establish a demonstration program for traffic-control signal photo violation monitoring devices.

Bill Details

See Senate Version of this Bill:
S7295
Versions:
A9583
A9583A
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd V & T L, generally; amd §371, Gen Muni L; amd §87, Pub Off L
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7295                                                  A. 9583

                      S E N A T E - A S S E M B L Y

                               May 9, 2014
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion

IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD --  read  once  and
  referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, the general municipal law,
  and the public officers law, in relation to owner liability for  fail-
  ure  of  operator  to  comply  with  traffic-control  indications; 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:

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as amended by section 1 of chapter 189 of  the  laws  of  2013,  is
amended to read as follows:
  1.  Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any  city  which
heretofore  or  hereafter  is  authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of  owners  for
violations  of  subdivision (d) of section eleven hundred eleven of this
chapter in accordance with sections  eleven  hundred  eleven-b  of  this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two  of  the  laws  of  two  thousand  nine, OR TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION  ELEVEN
HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D  OF  THIS CHAPTER, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and  in  accord-
ance  with  the  provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14185-04-4

S. 7295                             2                            A. 9583

hundred  fifty,  or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for  violations  of  bus
lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of
such section, or to adjudicate the liability of owners for violations of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, such tribunal and the rules and
regulations  pertaining  thereto  shall  be  constituted  in substantial
conformance with the following sections.
  S 1-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
section  1-a  of  chapter 189 of the laws of 2013, is amended to read as
follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is  authorized  to  establish  an
administrative  tribunal  to  hear  and  determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters  twen-
ty,  twenty-one,  and twenty-two of the laws of two thousand nine, OR TO
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
of owners for violations of toll collection regulations  as  defined  in
and  in  accordance  with  the  provisions  of section two thousand nine
hundred  eighty-five  of  the  public  authorities  law   and   sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
owners in accordance with section eleven hundred eleven-c of this  chap-
ter  for violations of bus lane restrictions as defined in such section,
or to adjudicate the liability of owners for violations  of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  in accordance with section eleven hundred eighty-b of this chapter,
such tribunal and the rules and regulations pertaining thereto shall  be
constituted in substantial conformance with the following sections.
  S  1-b.  Section  235  of  the  vehicle and traffic law, as amended by
section 1-b of chapter 189 of the laws of 2013, is amended  to  read  as
follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the liability of owners for violations of subdivision (d) of
section eleven  hundred  eleven  of  this  chapter  in  accordance  with
sections  eleven  hundred  eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
two  thousand  nine,  OR  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS FOR
VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN  OF  THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER,  or  to  adjudicate  the liability of owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the

S. 7295                             3                            A. 9583

public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate liability of owners in accordance  with  section
eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
restrictions as defined in such section, or to adjudicate the  liability
of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.
  S  1-c.  Section  235  of  the  vehicle and traffic law, as amended by
section 1-c of chapter 189 of the laws of 2013, is amended  to  read  as
follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, OR TO
ADJUDICATE  THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the  liability
of  owners  for  violations of toll collection regulations as defined in
and in accordance with the  provisions  of  section  two  thousand  nine
hundred   eighty-five   of  the  public  authorities  law  and  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of
owners  in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as defined in such  section,
or  to  adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this  chapter,
such  tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
  S 1-d. Section 235 of the vehicle  and  traffic  law,  as  amended  by
section  1-d  of  chapter 189 of the laws of 2013, is amended to read as
follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is  authorized  to  establish  an
administrative  tribunal  to  hear  and  determine complaints of traffic
infractions constituting parking, standing or stopping violations, OR TO
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the liability
of owners for violations of toll collection regulations  as  defined  in
and  in  accordance  with  the  provisions  of section two thousand nine
hundred  eighty-five  of  the  public  authorities  law   and   sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
owners for violations of subdivisions (c)  and  (d)  of  section  eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b  of  this  chapter, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance  with
the following sections.

S. 7295                             4                            A. 9583

  S  1-e.  Section  235  of  the  vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
of 1992, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, OR TO
ADJUDICATE  THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or to adjudicate the  liability
of  owners  for  violations of toll collection regulations as defined in
and in accordance with the  provisions  of  section  two  thousand  nine
hundred   eighty-five   of  the  public  authorities  law  and  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, such tribunal and the  rules  and
regulations  pertaining  thereto  shall  be  constituted  in substantial
conformance with the following sections.
  S 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
amended  by  section 2 of chapter 189 of the laws of 2013, is amended to
read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of  the  laws of two thousand nine, OR SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER,  shall  adjudicate  the  liability  of
owners for violations of subdivision (d) of section eleven hundred elev-
en  of  this  chapter  in  accordance  with  such section eleven hundred
eleven-a [or  such],  sections  eleven  hundred  eleven-b  as  added  by
sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, OR SECTION ELEVEN HUNDRED ELEVEN-D and  shall
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four  of  the  laws of nineteen hundred fifty and shall
adjudicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations  of  bus  lane  restrictions  as
defined in such section and shall adjudicate the liability of owners for
violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter. Such tribunal, except in a city with  a  popu-
lation of one million or more, shall also have jurisdiction of abandoned
vehicle  violations.  For  the  purposes  of  this  article,  a  parking
violation is the violation of any law, rule or regulation providing  for
or  regulating  the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic  of  the  city  or  an  official  possessing
authority as such a commissioner.
  S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-a of chapter 189 of the laws of 2013, is amended to
read as follows:

S. 7295                             5                            A. 9583

  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, OR SUBDIVISION (A) OF  SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF  THIS  CHAPTER,  shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in  accordance  with  such  sections  eleven  hundred
eleven-b  as  added  by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws  of  two  thousand  nine  OR  SECTION  ELEVEN
HUNDRED ELEVEN-D; and shall adjudicate liability of owners in accordance
with  section  eleven hundred eleven-c of this chapter for violations of
bus lane restrictions as defined in such section  and  shall  adjudicate
liability  of  owners  for  violations  of  subdivisions  (c) and (d) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter. For the purposes of this  arti-
cle, a parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. In addition for purposes of this article, "commissioner" shall mean
and  include  the  commissioner  of  traffic  of the city or an official
possessing authority as such a commissioner.
  S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-b of chapter 189 of the laws of 2013, is amended to
read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO
SUBDIVISION  (A)  OF  SECTION  ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER,
shall adjudicate liability of owners in accordance with  section  eleven
hundred eleven-c of this chapter for violations of bus lane restrictions
as defined in such section; and shall adjudicate the liability of owners
for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
en  hundred  eighty  of  this  chapter in accordance with section eleven
hundred eighty-b of this chapter. For the purposes of  this  article,  a
parking  violation  is  the  violation  of  any  law, rule or regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. In addition for purposes of this article, "commissioner" shall mean
and include the commissioner of traffic  of  the  city  or  an  official
possessing authority as such a commissioner.
  S 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-c of chapter 189 of the laws of 2013, is amended to
read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and,  WHERE  AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
tion of traffic infractions which constitute  a  parking  violation  and
shall  adjudicate  the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this  chapter.
For  the  purposes of this article, a parking violation is the violation
of any law, rule or regulation providing for or regulating the  parking,
stopping  or  standing  of  a  vehicle. In addition for purposes of this

S. 7295                             6                            A. 9583

article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as  such  a  commis-
sioner.
  S 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and,  WHERE  AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
tion of traffic infractions which constitute a  parking  violation.  For
the  purposes  of  this article, a parking violation is the violation of
any law, rule or regulation providing for  or  regulating  the  parking,
stopping  or  standing  of  a  vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as  such  a  commis-
sioner.
  S 3. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 14 to read as follows:
  14.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN  ACCORDANCE
WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IF AUTHORIZED BY
LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)  OF  SUCH  SECTION  ELEVEN
HUNDRED ELEVEN-D.
  S  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of chapter 189 of the laws of 2013,
is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision  nine  of  section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred  eleven-a  of  this
chapter, or sections eleven hundred eleven-b of this chapter as added by
sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, OR SECTION ELEVEN HUNDRED  ELEVEN-D  OF  THIS
CHAPTER, and shall not be deemed to include a notice of liability issued
pursuant  to section two thousand nine hundred eighty-five of the public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty and
shall not be deemed to include a notice of liability issued pursuant  to
section  eleven hundred eleven-c of this chapter and shall not be deemed
to include a notice of  liability  issued  pursuant  to  section  eleven
hundred eighty-b of this chapter.
  S  4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-a of chapter 189  of  the  laws  of
2013, is amended to read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
shall not be deemed to include a notice of liability issued pursuant  to
authorization  set  forth  in  sections  eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine OR  SECTION  ELEVEN  HUNDRED
ELEVEN-D  OF THIS CHAPTER and shall not be deemed to include a notice of
liability issued pursuant to section eleven  hundred  eleven-c  of  this
chapter  and shall not be deemed to include a notice of liability issued
pursuant to section eleven hundred eighty-b of this chapter.

S. 7295                             7                            A. 9583

  S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law,  as  amended  by section 4-b of chapter 189 of the laws of
2013, is amended to read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant  TO
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER  AND  SHALL  NOT  BE  DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT to section eleven hundred eleven-c of this  chapter  and  shall
not  be  deemed  to  include  a  notice  of liability issued pursuant to
section eleven hundred eighty-b of this chapter.
  S 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law,  as  amended  by section 4-c of chapter 189 of the laws of
2013, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER and shall not be deemed to include  a  notice  of  liability  issued
pursuant to section eleven hundred eighty-b of this chapter.
  S  4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended  to
read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT  TO
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER.
  S  5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 6 of chapter 189 of the  laws  of  2013,  are
amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty or a person alleged to  be  liable
in  accordance  with  section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as  added  by  sections
sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D  OF  THIS  CHAPTER,
for  a  violation of subdivision (d) of section eleven hundred eleven of
this chapter contests such allegation, or a person alleged to be  liable
in  accordance  with the provisions of section two thousand nine hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, or a person  alleged  to  be  liable  in
accordance  with  the  provisions  of section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such  section contests such allegation, or a person alleged to be liable
in accordance with the provisions of section eleven hundred eighty-b  of
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section  eleven hundred eighty of this chapter contests such allegation,
the bureau shall advise such person personally by  such  form  of  first
class  mail  as  the  director may direct of the date on which he or she
must appear to answer the charge at a hearing. The form and  content  of
such  notice  of  hearing shall be prescribed by the director, and shall
contain a warning to advise the person so pleading  or  contesting  that
failure to appear on the date designated, or on any subsequent adjourned

S. 7295                             8                            A. 9583

date,  shall  be  deemed  an  admission of liability, and that a default
judgment may be entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of  this  chapter  or
sections  eleven  hundred  eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
two  thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or
an allegation of liability in accordance with section two thousand  nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or an allegation of liability in  accord-
ance  with section eleven hundred eleven-c of this chapter or an allega-
tion of liability in accordance with section eleven hundred eighty-b  of
this  chapter, is being contested, by a person in a timely fashion and a
hearing upon the merits has been demanded, but has not  yet  been  held,
the  bureau shall not issue any notice of fine or penalty to that person
prior to the date of the hearing.
  S 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
fic  law,  as amended by section 6-a of chapter 189 of the laws of 2013,
are amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this  chapter  as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of  the  laws of two thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF
THIS CHAPTER for a  violation  of  subdivision  (d)  of  section  eleven
hundred  eleven  of  this  chapter,  or a person alleged to be liable in
accordance with the provisions of section  eleven  hundred  eleven-c  of
this  chapter  for  a  violation of a bus lane restriction as defined in
such section contests such allegation, or a person alleged to be  liable
in  accordance with the provisions of section eleven hundred eighty-b of
this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
section  eleven hundred eighty of this chapter contests such allegation,
the bureau shall advise such person personally by  such  form  of  first
class  mail  as  the  director may direct of the date on which he or she
must appear to answer the charge at a hearing. The form and  content  of
such  notice  of  hearing shall be prescribed by the director, and shall
contain a warning to advise the person so pleading  or  contesting  that
failure to appear on the date designated, or on any subsequent adjourned
date,  shall  be  deemed  an  admission of liability, and that a default
judgment may be entered thereon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine[,] OR IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS  CHAPTER  or  an  allegation  of  liability  in
accordance  with  section  eleven hundred eleven-c of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter is being contested, by a person in a timely  fashion
and  a  hearing  upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty  to  that
person prior to the date of the hearing.

S. 7295                             9                            A. 9583

  S  5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 6-b of chapter 189 of the laws  of  2013,
are amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty or a person alleged to  be  liable
in accordance with SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR IN
ACCORDANCE  WITH  the  provisions  of section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such section, contests such allegation, or a person alleged to be liable
in  accordance with the provisions of section eleven hundred eighty-b of
this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
section  eleven hundred eighty of this chapter contests such allegation,
the bureau shall advise such person personally by  such  form  of  first
class  mail  as  the  director may direct of the date on which he or she
must appear to answer the charge at a hearing. The form and  content  of
such  notice  of  hearing shall be prescribed by the director, and shall
contain a warning to advise the  person  so  pleading  that  failure  to
appear  on  the  date  designated,  or on any subsequent adjourned date,
shall be deemed an admission of liability, and that a  default  judgment
may be entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR IN
ACCORDANCE WITH section eleven hundred eleven-c of this  chapter  or  an
allegation of liability in accordance with section eleven hundred eight-
y-b  of this chapter is being contested, by a person in a timely fashion
and a hearing upon the merits has been demanded, but has  not  yet  been
held,  the  bureau shall not issue any notice of fine or penalty to that
person prior to the date of the hearing.
  S 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
fic  law,  as amended by section 6-c of chapter 189 of the laws of 2013,
are amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or a
person alleged to be liable in accordance with the provisions of section
eleven hundred eighty-b of this chapter for  violations  of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  contests  such  allegation,  the  bureau  shall  advise such person
personally by such form of first class mail as the director  may  direct
of  the  date  on  which he or she must appear to answer the charge at a
hearing. The form and  content  of  such  notice  of  hearing  shall  be
prescribed  by  the  director, and shall contain a warning to advise the
person so pleading that failure to appear on the date designated, or  on
any  subsequent  adjourned date, shall be deemed an admission of liabil-
ity, and that a default judgment may be entered thereon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or
the bureau has been notified that an allegation of liability in  accord-
ance  with  section  eleven  hundred  eighty-b of this chapter, is being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any notice of fine or penalty to that person prior to the  date  of  the
hearing.

S. 7295                            10                            A. 9583

  S  5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, subdivision 1 as added by chapter 715 of the laws of  1972  and
subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE  LIABLE
IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the  date
on  which  he  OR SHE must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be  prescribed  by  the
director,  and  shall contain a warning to advise the person so pleading
that failure to appear on the date  designated,  or  on  any  subsequent
adjourned  date,  shall  be deemed an admission of liability, and that a
default judgment may be entered thereon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IS
BEING CONTESTED, by a person in a timely fashion and a hearing upon  the
merits  has  been  demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 7 of chapter 189 of the  laws  of
2013, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or  an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections  eleven  hundred
eleven-b  of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  IN
ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER OR an
allegation of liability in accordance with  section  two  thousand  nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or an allegation of liability in  accord-
ance  with section eleven hundred eleven-c of this chapter or an allega-
tion of liability in accordance with section eleven hundred eighty-b  of
this chapter, shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing  at  which  liability  in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections  eleven  hundred
eleven-b  of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand  nine  OR  IN
ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D  OF THIS CHAPTER is
contested or of a hearing at which liability in accordance with  section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of the laws of nineteen hundred fifty is contested or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-c  of  this chapter or a hearing at which liability in accordance
with section eleven hundred  eighty-b  of  this  chapter  is  contested.
Recording devices may be used for the making of the record.
  S 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law,  as amended by section 7-a of chapter 189 of the
laws of 2013, are amended to read as follows:

S. 7295                            11                            A. 9583

  a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand  nine  OR  IN
ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or an
allegation of  liability  in  accordance  with  section  eleven  hundred
eleven-c  of  this  chapter  or an allegation of liability in accordance
with section eleven hundred eighty-b of  this  chapter,  shall  be  held
before  a  hearing  examiner  in  accordance  with rules and regulations
promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with  sections  eleven  hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty,  twenty-one,  and  twenty-two of the laws of two thousand nine OR IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or of  a
hearing  at  which  liability  in accordance with section eleven hundred
eleven-c of this chapter or a hearing at which liability  in  accordance
with  section  eleven  hundred  eighty-b  of  this chapter is contested.
Recording devices may be used for the making of the record.
  S 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 7-b of  chapter  189  of  the
laws of 2013, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D OF THIS CHAPTER or an allegation  of  liability  in  accordance
with section eleven hundred eleven-c of this chapter or an allegation of
liability  in  accordance  with  section eleven hundred eighty-b of this
chapter shall be held before a hearing examiner in accordance with rules
and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or OF A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-D  OF  THIS CHAPTER OR of a hearing at which liability in accord-
ance with section eleven hundred eleven-c of this chapter or  a  hearing
at which liability in accordance with section eleven hundred eighty-b of
this chapter is contested.  Recording devices may be used for the making
of the record.
  S 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law,  as amended by section 7-c of chapter 189 of the
laws of 2013, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
ELEVEN-D  OF  THIS  CHAPTER  or an allegation of liability in accordance
with section eleven hundred eighty-b  of  this  chapter  shall  be  held
before  a  hearing  examiner  in  accordance  with rules and regulations
promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty OR OF A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-D  OF  THIS CHAPTER or a hearing at which liability in accordance
with section eleven hundred  eighty-b  of  this  chapter  is  contested.
Recording devices may be used for the making of the record.
  S 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED

S. 7295                            12                            A. 9583

ELEVEN-D  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
  g.  A  record  shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-D OF THIS CHAPTER IS CONTESTED. Recording devices may be used for
the making of the record.
  S  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8 of chapter 189 of the  laws  of  2013,  are
amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b  of  this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two  of  the  laws  of  two  thousand  nine OR IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or the record of liabil-
ities incurred in accordance with  section  two  thousand  nine  hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of  nineteen hundred fifty of the person charged, or the record of
liabilities incurred in accordance with section eleven hundred  eleven-c
of  this  chapter,  or  the record of liabilities incurred in accordance
with section eleven hundred eighty-b  of  this  chapter,  as  applicable
prior  to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau  together  with  records  showing  payment  and
nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  section  eleven  hundred eleven-a of this chapter or in accordance
with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine OR IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED
ELEVEN-D  OF THIS CHAPTER or fails to contest an allegation of liability
in accordance with section two thousand nine hundred eighty-five of  the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter or fails to  contest  an
allegation of liability in accordance with section eleven hundred eight-
y-b  of  this chapter or fails to appear on a designated hearing date or
subsequent adjourned date or fails after a hearing to  comply  with  the
determination of a hearing examiner, as prescribed by this article or by
rule  or  regulation  of  the  bureau, such failure to plead or contest,
appear or comply shall be deemed, for  all  purposes,  an  admission  of
liability  and  shall  be  grounds  for rendering and entering a default
judgment in an amount provided by  the  rules  and  regulations  of  the
bureau.  However,  after  the expiration of the original date prescribed
for entering a plea and before a default judgment may  be  rendered,  in
such  case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail  as  the
commission  may  direct;  (1)  of the violation charged, or liability in
accordance with section eleven hundred eleven-a of this  chapter  or  in
accordance  with  sections  eleven  hundred  eleven-b of this chapter as

S. 7295                            13                            A. 9583

added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine OR IN ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER alleged or liability in accordance with
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred  seventy-four  of  the laws of nineteen hundred fifty alleged or
liability in accordance with section eleven  hundred  eleven-c  of  this
chapter  or liability in accordance with section eleven hundred eighty-b
of this chapter alleged, (2) of the impending default judgment, (3) that
such judgment will be entered in the Civil Court of the  city  in  which
the bureau has been established, or other court of civil jurisdiction or
any  other  place  provided  for the entry of civil judgments within the
state of New York, and (4) that a default may be avoided by  entering  a
plea or contesting an allegation of liability in accordance with section
eleven  hundred  eleven-a of this chapter or in accordance with sections
eleven hundred eleven-b of this chapter as added by sections sixteen  of
chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER or contesting an allegation of liability in accordance with  section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an
allegation of  liability  in  accordance  with  section  eleven  hundred
eleven-c  of  this  chapter  or contesting an allegation of liability in
accordance with section eleven hundred  eighty-b  of  this  chapter,  as
appropriate,  or  making an appearance within thirty days of the sending
of such notice. Pleas entered  and  allegations  contested  within  that
period  shall  be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default  judgment
shall  not  be  required prior to the rendering and entry thereof in the
case of operators or owners who are non-residents of the  state  of  New
York.  In  no  case  shall  a  default  judgment  be  rendered or, where
required, a notice of impending default judgment be sent, more than  two
years after the expiration of the time prescribed for entering a plea or
contesting  an allegation. When a person has demanded a hearing, no fine
or penalty shall be imposed for any reason, prior to the holding of  the
hearing.  If  the  hearing  examiner  shall  make a determination on the
charges, sustaining them, he or she shall impose no greater  penalty  or
fine than those upon which the person was originally charged.
  S  7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8-a of chapter 189 of the laws of  2013,  are
amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of  two  thousand  nine  OR  IN  ACCORDANCE  WITH
SECTION  ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER of the person charged,
or the record of liabilities incurred in accordance with section  eleven
hundred  eleven-c of this chapter, or the record of liabilities incurred
in accordance with section eleven hundred eighty-b of this  chapter,  as
applicable  prior  to  rendering  a  final determination. Final determi-
nations sustaining or dismissing charges shall be  entered  on  a  final

S. 7295                            14                            A. 9583

determination  roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
laws  of  two thousand nine OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D OF THIS CHAPTER, or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this  chapter,  or
fails  to contest an allegation of liability incurred in accordance with
section eleven hundred eighty-b of this chapter, or fails to appear on a
designated hearing date or subsequent adjourned date or  fails  after  a
hearing  to  comply  with  the  determination  of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau,  such
failure  to  plead,  contest,  appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds  for  rendering
and  entering  a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the  bureau  shall  pursuant  to  the  applicable
provisions  of  law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the  violation  charged,
or liability in accordance with sections eleven hundred eleven-b of this
chapter,  as  added  by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine OR  IN  ACCORDANCE  WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or liability in accord-
ance  with  section eleven hundred eleven-c of this chapter or liability
in accordance with section  eleven  hundred  eighty-b  of  this  chapter
alleged,  (2)  of the impending default judgment, (3) that such judgment
will be entered in the Civil Court of the city in which the  bureau  has
been  established,  or  other  court  of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of  New
York,  and  (4)  that  a  default  may  be avoided by entering a plea or
contesting an allegation of liability in accordance with sections eleven
hundred eleven-b of this chapter as added by sections sixteen  of  chap-
ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
OR  IN  ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
or contesting an allegation of  liability  in  accordance  with  section
eleven  hundred  eleven-c of this chapter or contesting an allegation of
liability in accordance with section eleven  hundred  eighty-b  of  this
chapter  as  appropriate,  or making an appearance within thirty days of
the sending of such notice.  Pleas  entered  and  allegations  contested
within  that  period shall be in the manner prescribed in the notice and
not subject to additional penalty  or  fee.  Such  notice  of  impending
default  judgment shall not be required prior to the rendering and entry
thereof in the case of operators or owners who are non-residents of  the
state  of  New York. In no case shall a default judgment be rendered or,
where required, a notice of impending default  judgment  be  sent,  more
than  two years after the expiration of the time prescribed for entering
a plea or contesting an allegation. When a person has demanded  a  hear-
ing,  no  fine  or penalty shall be imposed for any reason, prior to the
holding of the hearing. If the hearing examiner shall  make  a  determi-
nation on the charges, sustaining them, he or she shall impose no great-
er  penalty  or  fine  than  those  upon which the person was originally
charged.

S. 7295                            15                            A. 9583

  S 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
law,  as  amended by section 8-b of chapter 189 of the laws of 2013, are
amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that  the  charges  have been sustained he or she may examine the
prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER  of  the
person charged, or the record of liabilities incurred in accordance with
section  eleven  hundred  eleven-c  of  this  chapter,  or the record of
liabilities incurred in accordance with section eleven hundred  eighty-b
of  this  chapter,  as  applicable,  prior to rendering a final determi-
nation. Final determinations sustaining or dismissing charges  shall  be
entered  on a final determination roll maintained by the bureau together
with records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  OR  CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED  ELEVEN-D  OF  THIS  CHAPTER,  or  fails  to
contest  an  allegation  of  liability in accordance with section eleven
hundred eleven-c of this chapter, or fails to contest an  allegation  of
liability incurred in accordance with section eleven hundred eighty-b of
this  chapter, or fails to appear on a designated hearing date or subse-
quent adjourned date or fails after a hearing to comply with the  deter-
mination of a hearing examiner, as prescribed by this article or by rule
or  regulation  of  the  bureau, such failure to plead, appear or comply
shall be deemed, for all purposes, an admission of liability  and  shall
be  grounds  for  rendering and entering a default judgment in an amount
provided by the rules and regulations of the bureau. However, after  the
expiration  of  the  original  date  prescribed  for entering a plea and
before a default judgment may be rendered, in such case the bureau shall
pursuant to the applicable provisions of law  notify  such  operator  or
owner,  by  such  form of first class mail as the commission may direct;
(1) of the violation charged, OR LIABILITY IN  ACCORDANCE  WITH  SECTION
ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or alleged liability in accord-
ance  with  section  eleven  hundred eleven-c of this chapter or alleged
liability in accordance with section eleven  hundred  eighty-b  of  this
chapter,  (2)  of the impending default judgment, (3) that such judgment
will be entered in the Civil Court of the city in which the  bureau  has
been  established,  or  other  court  of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of  New
York,  and  (4)  that  a  default  may  be avoided by entering a plea or
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-D OF THIS CHAPTER OR contesting an allegation of liabil-
ity in accordance with section eleven hundred eleven-c of  this  chapter
or  contesting  an  allegation  of  liability in accordance with section
eleven hundred eighty-b of this chapter or making an  appearance  within
thirty  days  of  the  sending of such notice. Pleas entered within that
period shall be in the manner prescribed in the notice and  not  subject
to  additional penalty or fee. Such notice of impending default judgment
shall not be required prior to the rendering and entry  thereof  in  the
case  of  operators  or owners who are non-residents of the state of New
York. In no  case  shall  a  default  judgment  be  rendered  or,  where
required,  a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering  a  plea.
When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
imposed for any reason, prior to the holding  of  the  hearing.  If  the

S. 7295                            16                            A. 9583

hearing  examiner  shall make a determination on the charges, sustaining
them, he or she shall impose no greater penalty or fine than those  upon
which the person was originally charged.
  S  7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8-c of chapter 189 of the laws of  2013,  are
amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he OR SHE may examine EITHER
the prior  parking  violations  record  OR  THE  RECORD  OF  LIABILITIES
INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS
CHAPTER of the person charged, or the record of liabilities incurred  in
accordance  with  section  eleven  hundred  eighty-b of this chapter, as
applicable, prior to rendering a  final  determination.  Final  determi-
nations  sustaining  or  dismissing  charges shall be entered on a final
determination roll maintained by the bureau together with records  show-
ing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation OR CONTEST AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to contest
an  allegation  of  liability incurred in accordance with section eleven
hundred eighty-b of this chapter or fails  to  appear  on  a  designated
hearing  date  or  subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner,  as  prescribed  by
this  article  or  by  rule or regulation of the bureau, such failure to
plead, appear or comply shall be deemed, for all purposes, an  admission
of  liability  and shall be grounds for rendering and entering a default
judgment in an amount provided by  the  rules  and  regulations  of  the
bureau.  However,  after  the expiration of the original date prescribed
for entering a plea and before a default judgment may  be  rendered,  in
such  case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail  as  the
commission  may  direct;  (1)  of  the violation charged OR LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-D  OF  THIS  CHAPTER  or
liability  in  accordance  with  section eleven hundred eighty-b of this
chapter alleged, (2) of the impending default judgment,  (3)  that  such
judgment  will  be  entered  in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within  the  state
of New York, and (4) that a default may be avoided by entering a plea or
CONTESTING  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER OR contesting an allegation of  liabil-
ity  in  accordance with section eleven hundred eighty-b of this chapter
or making an appearance within  thirty  days  of  the  sending  of  such
notice.    Pleas  entered  within  that  period  shall  be in the manner
prescribed in the notice and not subject to additional penalty  or  fee.
Such notice of impending default judgment shall not be required prior to
the  rendering  and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall  a  default
judgment  be  rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of  the  time
prescribed for entering a plea. When a person has demanded a hearing, no
fine or penalty shall be imposed for any reason, prior to the holding of
the  hearing.  If the hearing examiner shall make a determination on the
charges, sustaining them, he shall impose no  greater  penalty  or  fine
than those upon which the person was originally charged.

S. 7295                            17                            A. 9583

  S  7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, subdivision 1 as added by chapter 715  of  the  laws  of  1972  and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he OR SHE may examine EITHER
the prior  parking  violations  record  OR  THE  RECORD  OF  LIABILITIES
INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS
CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final
determination. Final determinations  sustaining  or  dismissing  charges
shall  be entered on a final determination roll maintained by the bureau
together with records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  OR  CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or fails to  appear
on a designated hearing date or subsequent adjourned date or fails after
a  hearing  to  comply  with the determination of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau,  such
failure to plead, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default  judgment  in an amount provided by the rules and regulations of
the  bureau.  However,  after  the  expiration  of  the  original   date
prescribed  for  entering  a  plea  and before a default judgment may be
rendered, in such case the  bureau  shall  pursuant  to  the  applicable
provisions  of  law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged OR
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-D  OF  THIS
CHAPTER  ALLEGED,  (2)  of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the  city  in  which  the
bureau has been established, or other court of civil jurisdiction or any
other  place  provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF THIS CHAPTER or making an appearance within thirty
days of the sending of such notice. Pleas  entered  within  that  period
shall be in the manner prescribed in the notice and not subject to addi-
tional  penalty  or fee. Such notice of impending default judgment shall
not be required prior to the rendering and entry thereof in the case  of
operators  or  owners who are non-residents of the state of New York. In
no case shall a default judgment  be  rendered  or,  where  required,  a
notice  of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea. When a person
has demanded a hearing, no fine or penalty  shall  be  imposed  for  any
reason,  prior  to  the  holding of the hearing. If the hearing examiner
shall make a determination on the charges,  sustaining  them,  he  shall
impose  no  greater penalty or fine than those upon which the person was
originally charged.
  S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 9 of  chapter  189
of the laws of 2013, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his or her representative failed  to

S. 7295                            18                            A. 9583

appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen  month  period,  charging  either  that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed  as  a
motor  vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance,  rule
or  regulation  made  by  a  local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a [of this chap-
ter or], section eleven  hundred  eleven-b  OR  SECTION  ELEVEN  HUNDRED
ELEVEN-D  of  this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of  a  bus  lane  restriction  as  defined  in  such
section,  or  (iv)  the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation  of  subdivision
(c) or (d) of section eleven hundred eighty of this chapter, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation  until  the  applicant provides proof from the court, traffic and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an administrative tribunal that he or she has complied  with  the  rules
and  regulations  of  said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his or her discretion, deny a registration or renewal  appli-
cation to any other person for the same vehicle and may deny a registra-
tion  or  renewal  application for any other motor vehicle registered in
the name of the applicant where the  commissioner  has  determined  that
such registrant's intent has been to evade the purposes of this subdivi-
sion  and  where the commissioner has reasonable grounds to believe that
such registration or renewal will  have  the  effect  of  defeating  the
purposes of this subdivision. Such denial shall only remain in effect as
long  as  the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to  comply  with  the  rules  and
regulations following entry of a final decision.
  S  8-a.   Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was

S. 7295                            19                            A. 9583

liable in accordance with section eleven hundred eleven-c of this  chap-
ter  for  a  violation  of  a  bus  lane  restriction as defined in such
section; OR (IV) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION
ELEVEN  HUNDRED  ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER or [(iv)]  (V)  the
registrant was liable in accordance with section eleven hundred eighty-b
of this chapter for a violation of subdivision (b), (c), (d), (f) or (g)
of  section  eleven  hundred eighty of this chapter, the commissioner or
his or her agent shall deny  the  registration  or  renewal  application
until  the  applicant  provides  proof  from the court or administrative
tribunal wherein the charges are pending that an  appearance  or  answer
has  been  made  or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is  denied  pursuant
to  this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other  person  for  the  same
vehicle and may deny a registration or renewal application for any other
motor  vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 8-b.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period, charging that: (I) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated  for  hire  by  the
registrant or his or her agent without being licensed as a motor vehicle
for  hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or  regulation
made  by a local authority; or (II) the registrant was liable in accord-
ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
violation  of  a  bus lane restriction as defined in such section[,]; OR
(III) THE REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or  (IV)  the  registrant
was  liable  in  accordance with section eleven hundred eighty-b of this
chapter for a violation of subdivision (b), (c),  (d),  (f)  or  (g)  of
section  eleven  hundred eighty of this chapter, the commissioner or his
or her agent shall deny the registration or  renewal  application  until
the  applicant  provides proof from the court or administrative tribunal
wherein the charges are pending that an appearance or  answer  has  been
made  or  in  the  case of an administrative tribunal that he or she has
complied with the rules and regulations of said tribunal following entry
of a final decision. Where an application is  denied  pursuant  to  this
section,  the  commissioner may, in his or her discretion, deny a regis-

S. 7295                            20                            A. 9583

tration or renewal application to any other person for the same  vehicle
and  may  deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where  the  commissioner
has  determined  that  such  registrant's  intent  has been to evade the
purposes of this subdivision and where the commissioner  has  reasonable
grounds  to  believe  that  such  registration  or renewal will have the
effect of defeating the purposes of this subdivision. Such denial  shall
only  remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails  to  comply
with the rules and regulations following entry of a final decision.
  S  8-c.   Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant  or  his representative
failed to appear on the return date or any subsequent adjourned date  or
failed  to  comply  with  the rules and regulations of an administrative
tribunal following entry of a final decision in  response  to  three  or
more summonses or other process, issued within an eighteen month period,
charging  that:  (I) such motor vehicle was parked, stopped or standing,
or that such motor vehicle was operated for hire by  the  registrant  or
his  agent  without  being  licensed  as a motor vehicle for hire by the
appropriate local authority, in violation of any of  the  provisions  of
this  chapter  or  of  any  law, ordinance, rule or regulation made by a
local authority[,]; OR (II) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF  THIS  CHAPTER  FOR  A  VIOLATION  OF
SUBDIVISION  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS CHAPTER; or
(III) the registrant  was  liable  in  accordance  with  section  eleven
hundred eighty-b of this chapter for violations of subdivision (b), (c),
(d),  (f)  or  (g) of section eleven hundred eighty of this chapter, the
commissioner or his agent shall deny the registration or renewal  appli-
cation  until the applicant provides proof from the court or administra-
tive tribunal wherein the charges are  pending  that  an  appearance  or
answer  has  been made or in the case of an administrative tribunal that
he has complied with the rules and regulations of said tribunal  follow-
ing  entry  of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his discretion, deny a  regis-
tration  or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any  other  motor
vehicle  registered  in the name of the applicant where the commissioner
has determined that such registrant's  intent  has  been  to  evade  the
purposes  of  this subdivision and where the commissioner has reasonable
grounds to believe that such  registration  or  renewal  will  have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 8-d.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and  traffic  law,  as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant  or  his representative
failed to appear on the return date or any subsequent adjourned date  or
failed  to  comply  with  the rules and regulations of an administrative

S. 7295                            21                            A. 9583

tribunal following entry of a final decision in  response  to  three  or
more summonses or other process, issued within an eighteen month period,
charging  that  such  motor  vehicle was parked, stopped or standing, or
that  such  motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by  the  appro-
priate  local  authority,  in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation  made  by  a  local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN  HUNDRED  ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER,  the  commissioner  or
his  agent  shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has  been  made
or  in  the case of an administrative tribunal that he has complied with
the rules and regulations of said tribunal following entry  of  a  final
decision.  Where  an application is denied pursuant to this section, the
commissioner may, in his discretion,  deny  a  registration  or  renewal
application  to  any  other  person  for the same vehicle and may deny a
registration or renewal application for any other motor  vehicle  regis-
tered in the name of the applicant where the commissioner has determined
that  such  registrant's  intent  has been to evade the purposes of this
subdivision and where the commissioner has reasonable grounds to believe
that such registration or renewal will have the effect of defeating  the
purposes of this subdivision. Such denial shall only remain in effect as
long  as  the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to  comply  with  the  rules  and
regulations following entry of a final decision.
  S  9.  The  vehicle and traffic law is amended by adding a new section
1111-d to read as follows:
  S 1111-D. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1.  NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  THE CITY OF ALBANY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT
AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION  PROGRAM
IMPOSING  MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN SUCH CITY
IN ACCORDANCE WITH THE PROVISIONS OF THIS  SECTION.  SUCH  DEMONSTRATION
PROGRAM  SHALL  EMPOWER SUCH CITY TO INSTALL AND OPERATE TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE THAN TWENTY  INTER-
SECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
  2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE  OF  LIABILITY  ISSUED
PURSUANT  TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
ANT  TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH  VEHICLE
WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN OF THIS ARTICLE, AND  SUCH  VIOLATION  IS  EVIDENCED  BY  INFORMATION
OBTAINED   FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING
SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE  FOR

S. 7295                            22                            A. 9583

A  PENALTY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING  VIOLATION  OF  SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN  A
VEHICLE  SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF  EACH  VEHICLE
AT  THE  TIME  IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
THE CITY OF ALBANY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
ILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL  SIGNAL
PHOTO  VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE
FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
INSPECTION IN ANY  PROCEEDING  TO  ADJUDICATE  THE  LIABILITY  FOR  SUCH
VIOLATION  PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS
SECTION.
  (E) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (D)  OF  SECTION
ELEVEN  HUNDRED  ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE  FOR  MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH  IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED  BY  SUCH  BUREAU.
THE  LIABILITY  OF  THE  OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF
TWENTY-FIVE  DOLLARS  FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
  (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST

S. 7295                            23                            A. 9583

IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
ALBANY,  OR  BY  ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL  BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,  EXCEPT  THAT
IF  SUCH  CITY  HAS  ESTABLISHED  AN ADMINISTRATIVE TRIBUNAL TO HEAR AND
DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
ING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW,  AUTHORIZE  SUCH
ADJUDICATION BY SUCH TRIBUNAL.
  (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME  THE
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO  THE  TRAFFIC  VIOLATIONS  BUREAU,  COURT
HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (J)  1.  IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU  OR  A
COURT  HAVING  JURISDICTION,  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO
WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO  SUBDIVISION  (G)  OF
THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
SECTION  ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE
SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT  HAVING  JURISDICTION  A
COPY  OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH
VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS  OF  THE
LESSEE  CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE
FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
ER WITH THE OTHER  INFORMATION  CONTAINED  IN  THE  ORIGINAL  NOTICE  OF
LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
TIME  PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY
THIS SECTION. WHERE THE LESSOR COMPLIES  WITH  THE  PROVISIONS  OF  THIS
PARAGRAPH,  THE  LESSEE  OF  SUCH  VEHICLE ON THE DATE OF SUCH VIOLATION
SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES  OF  THIS
SECTION,  SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
SECTION  AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION
(G) OF THIS SECTION.
  2. (I) IN SUCH CITY WHICH, BY LOCAL LAW, HAS  AUTHORIZED  THE  ADJUDI-
CATION  OF  LIABILITY  IMPOSED  UPON OWNERS BY THIS SECTION BY A PARKING
VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF  A  VEHICLE  TO  WHICH  A
NOTICE  OF  LIABILITY  WAS  ISSUED  PURSUANT  TO SUBDIVISION (G) OF THIS
SECTION SHALL NOT BE LIABLE FOR THE  VIOLATION  OF  SUBDIVISION  (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
  (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
THIS CHAPTER; AND
  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION

S. 7295                            24                            A. 9583

CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
SECTION.
  (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO  THIS  SECTION
WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE  A  PRESUMPTION  THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH  OPERATOR  FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (M)  IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
ON  THE  RESULTS  OF  THE  USE  OF  A   TRAFFIC-CONTROL   SIGNAL   PHOTO
VIOLATION-MONITORING  SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
THOUSAND  FIFTEEN  AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT  SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  1.  A  DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
VEHICLES OF THIS STATE;
  3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
  4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND  IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;

S. 7295                            25                            A. 9583

  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
CATIONS;
  9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
ALLEGED VIOLATION.
  S 10. The opening paragraph and paragraph  (c)  of  subdivision  1  of
section 1809 of the vehicle and traffic law, as amended by section 11 of
chapter 189 of the laws of 2013, are amended to read as follows:
  Whenever  proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense  under  this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction  involving  standing,  stopping,  or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-a of this chapter, or other than an adjudication of liability  of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-b  of  this  chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a  bus  lane  restriction  as  defined in such section, OR OTHER THAN AN
ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF  THIS  CHAPTER  IN  ACCORDANCE  WITH
SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an adju-
dication of liability of an owner for a violation  of  subdivision  (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance  with  section eleven hundred eighty-b of this chapter, there
shall be levied a crime victim assistance fee and a mandatory surcharge,
in addition to any sentence required or permitted by law, in  accordance
with the following schedule:
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
liability of an owner for a violation  of  subdivision  (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF
LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF THIS CHAPTER, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant

S. 7295                            26                            A. 9583

to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an  adjudication  in  accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such section, or other than an adjudication of liability of an owner for
a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, there shall be levied a crime  victim  assist-
ance  fee  in  the  amount of five dollars and a mandatory surcharge, in
addition to any sentence required or permitted by law, in the amount  of
fifty-five dollars.
  S  10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 11-a of chapter  189  of  the  laws  of  2013,  is
amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment  or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
accordance  with  section  eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined  in  such  section,    OR
OTHER  THAN  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D OF THIS CHAPTER, or
other than an adjudication of liability of an owner for a  violation  of
subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven  hundred  eighty-b  of
this  chapter,  there shall be levied a mandatory surcharge, in addition
to any sentence required or permitted by law, in the amount  of  twenty-
five dollars.
  S  10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 11-b of chapter  189  of  the  laws  of  2013,  is
amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDI-
VISION  (D)  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than
an adjudication of liability of an owner for a violation of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  in accordance with section eleven hundred eighty-b of this chapter,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.

S. 7295                            27                            A. 9583

  S 10-c. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as  amended  by  section  11-c  of  chapter  189 of the laws of 2013, is
amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (b),  (c),  (d),
(f)  or  (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b of this chapter, OR OTHER THAN
AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDIVISION
(D)  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, there shall be levied a
mandatory surcharge, in addition to any sentence required  or  permitted
by law, in the amount of seventeen dollars.
  S 10-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
of the laws of 1989, is amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN  AN  ADJUDICATION
OF  LIABILITY  OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF  THIS  CHAPTER,  there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law,  in
the amount of seventeen dollars.
  S  11.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-a of chapter 189 of  the  laws
of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except an adjudication of liability of an owner for a violation
of subdivision (d) of section eleven hundred eleven of this  chapter  in
accordance  with  section  eleven  hundred eleven-b of this chapter, and
except  an  adjudication  in  accordance  with  section  eleven  hundred
eleven-c  of  this  chapter  of a violation of a bus lane restriction as
defined in such section, and [expect] EXCEPT an adjudication of  liabil-
ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
of  section  eleven  hundred  eighty  of this chapter in accordance with
section eleven hundred eighty-b of this chapter, and except  an  adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations pursuant to section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred

S. 7295                            28                            A. 9583

fifty, there shall be levied in addition to  any  sentence,  penalty  or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
  S  11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-b of chapter 189 of  the  laws
of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except  an  adjudication  in  accordance  with  section  eleven
hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
restriction as defined in such section, and except  an  adjudication  of
liability  of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this  chapter  in  accordance
with  section  eleven  hundred  eighty-b  of this chapter, and except an
adjudication of liability of an owner for a violation of toll collection
regulations pursuant to section two thousand nine hundred eighty-five of
the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, there shall be levied in addition to any sentence, penal-
ty or other surcharge  required  or  permitted  by  law,  an  additional
surcharge of twenty-eight dollars.
  S  11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-c of chapter 189 of  the  laws
of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
eighty  of this chapter in accordance with section eleven hundred eight-
y-b of this chapter, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to  section  two
thousand  nine  hundred  eighty-five  of  the  public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty-eight dollars.

S. 7295                            29                            A. 9583

  S  11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 5 of part C of chapter 55 of  the
laws of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, and except an adjudication of liability of an owner for a violation
of toll collection regulations pursuant to  section  two  thousand  nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted  by  law,  an
additional surcharge of twenty-eight dollars.
  S  12.  Subdivision  1 of section 371 of the general municipal law, as
separately amended by sections 20 of chapters 20 and 383 of the laws  of
2009, is amended to read as follows:
  1.  A  traffic  violations  bureau so established may be authorized to
dispose of violations of traffic laws, ordinances, rules and regulations
when such offenses shall not constitute the traffic infraction known  as
speeding  or a misdemeanor or felony, and, if authorized by local law or
ordinance, to adjudicate the  liability  of  owners  for  violations  of
subdivision  (d)  of  section  eleven  hundred eleven of the vehicle and
traffic law in accordance with section eleven hundred eleven-a  of  such
law  or section eleven hundred eleven-b of such law [as added by section
sixteen of the chapter of the laws of two thousand  nine]  AS  ADDED  BY
SECTIONS  SIXTEEN  OF CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO OF THE
LAWS OF TWO THOUSAND NINE which amended this [section]  subdivision,  OR
SECTION ELEVEN HUNDRED ELEVEN-D OF SUCH LAW.
  S  12-a.  Section  371  of  the  general  municipal law, as separately
amended by sections 21 of chapters 20 and 383 of the laws  of  2009,  is
amended to read as follows:
  S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
established may be authorized to dispose of violations of traffic  laws,
ordinances,  rules  and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or  felo-
ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven  hundred  eleven-b  of  such  law  as added by [section] SECTIONS
sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO  of
the  laws  of  two  thousand  nine which amended this section OR SECTION
ELEVEN HUNDRED ELEVEN-D OF SUCH LAW, by permitting a person charged with
an offense within the limitations herein stated,  to  answer,  within  a
specified time, at the traffic violations bureau, either in person or by
written power of attorney in such form as may be prescribed in the ordi-
nance  creating the bureau, by paying a prescribed fine and, in writing,
waiving a hearing in court, pleading guilty to the charge  or  admitting
liability  as  an  owner for the violation of subdivision (d) of section

S. 7295                            30                            A. 9583

eleven hundred eleven of the vehicle and traffic law, as  the  case  may
be,  and  authorizing  the person in charge of the bureau to make such a
plea or admission and pay such  a  fine  in  court.  Acceptance  of  the
prescribed  fine  and  power  of  attorney by the bureau shall be deemed
complete satisfaction for the violation or of  the  liability,  and  the
violator  or  owner liable for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law shall  be  given  a
receipt  which  so  states. If a person charged with a traffic violation
does not answer as hereinbefore prescribed, within  a  designated  time,
the  bureau  shall  cause  a  complaint to be entered against him or her
forthwith and a warrant to be issued for his or her arrest  and  appear-
ance  before  the  court.  Any  person  who  shall have been, within the
preceding twelve months, guilty of a number  of  parking  violations  in
excess  of  such maximum number as may be designated by the court, or of
three or more violations other than parking  violations,  shall  not  be
permitted  to appear and answer to a subsequent violation at the traffic
violations bureau, but must appear in court at a time specified  by  the
bureau.  Such  traffic  violations  bureau  shall  not  be authorized to
deprive a person of his or her right to counsel or to prevent him or her
from exercising his or her right  to  appear  in  court  to  answer  to,
explain,  or  defend any charge of a violation of any traffic law, ordi-
nance, rule or regulation.
  S 12-b. Section 371 of the general municipal law, as amended by  chap-
ter 802 of the laws of 1949, is amended to read as follows:
  S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
established may be authorized to dispose of violations of traffic  laws,
ordinances,  rules  and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or  felo-
ny,  AND,  IF  AUTHORIZED  BY  LOCAL LAW OR ORDINANCE, TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION  ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, by permitting a
person charged with an offense within the limitations herein stated,  to
answer,  within  a  specified  time,  at  the traffic violations bureau,
either in person or by written power of attorney in such form as may  be
prescribed  in the ordinance creating the bureau, by paying a prescribed
fine and, in writing, waiving a hearing in court, pleading guilty to the
charge OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF  SUBDIVI-
SION  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC
LAW, AS THE CASE MAY BE, and authorizing the person  in  charge  of  the
bureau  to  make  such a plea OR ADMISSION and pay such a fine in court.
Acceptance of the prescribed fine and power of attorney  by  the  bureau
shall  be  deemed  complete  satisfaction  for  the  violation OR OF THE
LIABILITY, and the violator OR OWNER LIABLE FOR A VIOLATION OF  SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW
shall  be  given  a  receipt which so states. If a person charged with a
traffic violation does not answer as hereinbefore prescribed,  within  a
designated  time,  the  bureau  shall  cause  a  complaint to be entered
against him OR HER forthwith and a warrant to be issued for his  OR  HER
arrest  and appearance before the court. Any person who shall have been,
within the preceding twelve  months,  guilty  of  a  number  of  parking
violations  in excess of such maximum number as may be designated by the
court, or of three or more violations  other  than  parking  violations,
shall not be permitted to appear and answer to a subsequent violation at
the traffic violations bureau, but must appear in court at a time speci-
fied  by the bureau. Such traffic violations bureau shall not be author-

S. 7295                            31                            A. 9583

ized to deprive a person of his OR HER right to counsel  or  to  prevent
him OR HER from exercising his OR HER right to appear in court to answer
to,  explain,  or  defend  any charge of a violation of any traffic law,
ordinance, rule or regulation.
  S  13.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (n) to read as follows:
  (N) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PREPARED  UNDER  AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF
THE VEHICLE AND TRAFFIC LAW.
  S 14. The purchase or lease of equipment for a  demonstration  program
established  pursuant  to  section 1111-d of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.
  S 15. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law and, with the exception of section thirteen of this
act, shall expire 5 years after such effective date when upon such  date
the  provisions  of  this  act  shall  be  deemed repealed; and provided
further that any rules necessary for the implementation of this  act  on
its  effective  date  shall  be  promulgated on or before such effective
date, provided that:
  (a) the amendments to subdivision 1 of section 235 of the vehicle  and
traffic law made by section one of this act shall not affect the expira-
tion  of  such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section one-a of this  act  shall  take
effect;
  (b)  the amendments to section 235 of the vehicle and traffic law made
by section one-a of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-b of this act shall take effect;
  (c)  the amendments to section 235 of the vehicle and traffic law made
by section one-b of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-c of this act shall take effect;
  (d)  the amendments to section 235 of the vehicle and traffic law made
by section one-c of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-d of this act shall take effect;
  (e)  the amendments to section 235 of the vehicle and traffic law made
by section one-d of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-e of this act shall take effect;
  (f)  the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire  therewith,  when
upon  such  date  the provisions of section two-a of this act shall take
effect;
  (g) the amendments to subdivision 1 of section 236 of the vehicle  and
traffic law made by section two-a of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon  such  date  the provisions of section two-b of this act shall take
effect;
  (h) the amendments to subdivision 1 of section 236 of the vehicle  and
traffic law made by section two-b of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon  such  date  the provisions of section two-c of this act shall take
effect;

S. 7295                            32                            A. 9583

  (i) the amendments to subdivision 1 of section 236 of the vehicle  and
traffic law made by section two-c of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon  such  date  the provisions of section two-d of this act shall take
effect;
  (j)  the  amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four of this act  shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-a of  this
act shall take effect;
  (k)  the  amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-a of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith,  when upon such date the provisions of section four-b of this
act shall take effect;
  (l) the amendments to paragraph f of subdivision 1 of section  239  of
the vehicle and traffic law made by section four-b of this act shall not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-c of  this
act shall take effect;
  (m)  the  amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-c of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith,  when upon such date the provisions of section four-d of this
act shall take effect;
  (n) the amendments to subdivisions 1 and 1-a of  section  240  of  the
vehicle  and  traffic  law  made  by  section five of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-a of  this
act shall take effect;
  (o)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-a of  this  act  shall  not
affect the expiration of such subdivisions and shall be deemed to expire
therewith,  when upon such date the provisions of section five-b of this
act shall take effect;
  (p) the amendments to subdivisions 1 and 1-a of  section  240  of  the
vehicle  and  traffic  law  made by section five-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-c of  this
act shall take effect;
  (q)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-c of  this  act  shall  not
affect the expiration of such subdivisions and shall be deemed to expire
therewith,  when upon such date the provisions of section five-d of this
act shall take effect;
  (r) the amendments to paragraphs a and g of subdivision 2  of  section
240 of the vehicle and traffic law made by section six of this act shall
not  affect  the  expiration  of  such paragraphs and shall be deemed to
expire therewith, when upon such date the provisions of section six-a of
this act shall take effect;
  (s) the amendments to paragraphs a and g of subdivision 2  of  section
240  of  the  vehicle  and traffic law made by section six-a of this act
shall not affect the expiration of such paragraphs and shall  be  deemed
to expire therewith, when upon such date the provisions of section six-b
of this act shall take effect;

S. 7295                            33                            A. 9583

  (t)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section  six-b  of  this  act
shall  not  affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-c
of this act shall take effect;
  (u)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section  six-c  of  this  act
shall  not  affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-d
of this act shall take effect;
  (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven of this act shall  not  affect
the expiration of such subdivisions and shall be deemed to expire there-
with,  when upon such date the provisions of section seven-a of this act
shall take effect;
  (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-a of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section seven-b of this  act
shall take effect;
  (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-b of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with,  when upon such date the provisions of section seven-c of this act
shall take effect;
  (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-c of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section seven-d of this  act
shall take effect;
  (z)  the  amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section  eight
of  this act shall not affect the expiration of such paragraph and shall
be deemed to expire therewith, when upon such  date  the  provisions  of
section eight-a of this act shall take effect;
  (aa)  the  amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eight-a of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to
expire  therewith, when upon such date the provisions of section eight-b
of this act shall take effect;
  (bb) the amendments to paragraph a of subdivision 5-a of  section  401
of the vehicle and traffic law made by section eight-b of this act shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section  eight-c
of this act shall take effect;
  (cc)  the  amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eight-c of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to
expire  therewith, when upon such date the provisions of section eight-d
of this act shall take effect;
  (dd) the amendments to subdivision 1 of section 1809  of  the  vehicle
and  traffic  law  made  by section ten of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith,
when  upon  such  date the provisions of section ten-a of this act shall
take effect;

S. 7295                            34                            A. 9583

  (ee) the amendments to subdivision 1 of section 1809  of  the  vehicle
and  traffic  law made by section ten-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith,
when  upon  such  date the provisions of section ten-b of this act shall
take effect;
  (ff)  the  amendments  to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-b of this act shall not  affect  the
expiration  of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section ten-c of  this  act  shall
take effect;
  (gg)  the  amendments  to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-c of this act shall not  affect  the
expiration  of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section ten-d of  this  act  shall
take effect;
  (hh)  the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section eleven of this act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eleven-a
of this act shall take effect;
  (ii) the amendments to paragraph a of subdivision 1 of section  1809-e
of  the  vehicle  and  traffic  law made by section eleven-a of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eleven-b
of this act shall take effect;
  (jj) the amendments to paragraph a of subdivision 1 of section  1809-e
of  the  vehicle  and  traffic  law made by section eleven-b of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eleven-c
of this act shall take effect;
  (kk) the amendments made to subdivision 1 of section 371 of the gener-
al municipal law made by section twelve of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith,
when upon such date the provisions of section twelve-a of this act shall
take effect; and
  (ll)  the  amendments made to section 371 of the general municipal law
by section twelve-a of this act shall not affect the expiration of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section twelve-b of this act shall take effect.

assembly Bill A9498

Relates to owner liability for failure of operator to comply with traffic control indications

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to owner liability for failure of operator to comply with traffic control indications; extends authorization of the city of Rochester to install and operate traffic-control signal photo violation-monitoring devices until 2019.

Bill Details

See Senate Version of this Bill:
S7704
Versions:
A9498
Law Section:
Vehicle and Traffic
Laws Affected:
Amd §22, Chap 22 of 2009

Votes

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

                                  9498

                          I N  A S S E M B L Y

                               May 5, 2014
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation

AN ACT to amend chapter 22 of the laws of 2009, amending the vehicle and
  traffic law and the public officers law relating  to  owner  liability
  for failure of operator to comply with traffic control indications, in
  relation to extending such provisions

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

  Section 1. The opening paragraph and paragraph (j) of  section  22  of
chapter 22 of the laws of 2009, amending the vehicle and traffic law and
the public officers law relating to owner liability for failure of oper-
ator  to comply with traffic control indications, are amended to read as
follows:
  This act shall take effect on the thirtieth day after  it  shall  have
become  a  law  and  shall expire December 1, [2014] 2019 when upon such
date the provisions of this act shall be deemed repealed; provided that:
  (j) any such local laws as may be enacted pursuant to this  act  shall
remain in full force and effect only until December 1, [2014] 2019.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14967-01-4

assembly Bill A5476D

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

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Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

See Senate Version of this Bill:
S4926C
Versions:
A5476
A5476A
A5476B
A5476C
A5476D
Law Section:
Public Health Law
Laws Affected:
Amd Part A §38, Chap 60 of 2014; amd §§2899-a & 2899, Pub Health L; amd §461-t, Soc Serv L

Votes

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

                                 5476--D

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ,  HEVESI, BRINDISI, BROOK-KRASNY,
  ROSENTHAL -- Multi-Sponsored by -- M. of A. LUPINACCI -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the  Committee  on  Health  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend section 38 of part A of the chapter 60 of the laws of
  2014 amending the public health law, relating to  adult  care  facili-
  ties,  in  relation  to  the  effectiveness  thereof; and to amend the
  public health law and the social services law, in relation to criminal
  history checks of prospective employees of adult homes, enriched hous-
  ing programs or residences for adults

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

  Section  1.  Section  38  of  part A of chapter 60 of the laws of 2014
amending the public health law relating  to  adult  care  facilities  is
amended to read as follows:
  S  38.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014; PROVIDED,
HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
ACT SHALL TAKE EFFECT JANUARY  1,  2015;  provided,  however,  that  the
amendments  to  subdivisions  1  and  2  of  section 461-k of the social
services law made by section thirty-one of this act shall not affect the
expiration of such section and shall be deemed to expire therewith;  and
provided, further, that the amendments made to paragraph (b) of subdivi-
sion  18-a  of  section  206  of  the  public health law made by section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-08-4

A. 5476--D                          2

sixteen of this act shall not affect the expiration  of  such  paragraph
and shall be deemed to expire therewith.
  S  2.  Subdivision  10  of section 2899-a of the public health law, as
amended by chapter 331 of the laws  of  2006,  is  amended  to  read  as
follows:
  10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
forty-five-b of the executive  law,  a  certified  home  health  agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or  a  home  care services agency exempt from certification or licensure
under article thirty-six of this chapter, OR  AN  ADULT  HOME,  ENRICHED
HOUSING  PROGRAM OR RESIDENCE FOR ADULTS LICENSED UNDER ARTICLE SEVEN OF
THE SOCIAL SERVICES LAW, may temporarily approve a prospective  employee
while  the  results  of  the  criminal history information check and the
determination are pending, upon the condition that the provider conducts
appropriate direct observation and evaluation of the temporary employee,
while he or she is temporarily employed, and  the  care  recipient.  The
results  of  such  observations  shall  be  documented  in the temporary
employee's personnel file and  shall  be  maintained.  For  purposes  of
providing  such  appropriate  direct  observation  and  evaluation,  the
provider shall utilize an individual employed by such  provider  with  a
minimum  of  one  year's  experience  working  in  an  agency certified,
licensed or approved under article thirty-six  of  this  chapter  OR  AN
ADULT  HOME,  ENRICHED  HOUSING PROGRAM OR RESIDENCE FOR ADULTS LICENSED
UNDER ARTICLE SEVEN OF THE  SOCIAL  SERVICES  LAW.    If  the  temporary
employee  is  working  under  contract  with another provider certified,
licensed or approved under article  thirty-six  of  this  chapter,  such
contract provider's appropriate direct observation and evaluation of the
temporary  employee,  shall be considered sufficient for the purposes of
complying with this subdivision.
  S 3. Subdivision 6 of section  2899  of  the  public  health  law,  as
amended  by  section  22 of part A of chapter 60 of the laws of 2014, is
amended to read as follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article  thirty-six  of  this  chapter;  or  any
[adult  care facility] ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE
FOR ADULTS licensed under article seven of the social services law.
  S 4. Section 461-t of the social services law, as added by section  24
of  part  A  of  chapter  60  of the laws of 2014, is amended to read as
follows:
  S 461-t. Review of criminal history information concerning prospective
direct care employees. Every [adult care facility] ADULT HOME,  ENRICHED
HOUSING PROGRAM AND RESIDENCE FOR ADULTS shall conduct a criminal histo-
ry  record  check  of  prospective  direct  care employees utilizing the
procedures and standards set forth  in  article  twenty-eight-E  of  the
public health law.
  S  5.  This act shall take effect immediately; provided, however, that
sections two, three and four of this act shall take  effect  January  1,
2015.

assembly Bill A5476C

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

See Senate Version of this Bill:
S4926B
Versions:
A5476
A5476A
A5476B
A5476C
A5476D
Law Section:
Public Health Law
Laws Affected:
Amd Part A §38, Chap 60 of 2014; amd §2899-a, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5476--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ,  HEVESI, BRINDISI, BROOK-KRASNY,
  ROSENTHAL -- Multi-Sponsored by -- M. of A. LUPINACCI -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the  Committee  on  Health  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend section 38 of part A of the chapter 60 of the laws of
  2014 amending the public health law, relating to  adult  care  facili-
  ties,  in  relation  to  the  effectiveness  thereof; and to amend the
  public health law, in relation to criminal history checks of  prospec-
  tive employees of adult care facilities

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

  Section 1. Section 38 of part A of chapter 60  of  the  laws  of  2014
amending  the  public  health  law  relating to adult care facilities is
amended to read as follows:
  S 38. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2014; PROVIDED,
HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
ACT  SHALL  TAKE  EFFECT  JANUARY  1,  2015; provided, however, that the
amendments to subdivisions 1 and  2  of  section  461-k  of  the  social
services law made by section thirty-one of this act shall not affect the
expiration  of such section and shall be deemed to expire therewith; and
provided, further, that the amendments made to paragraph (b) of subdivi-
sion 18-a of section 206 of  the  public  health  law  made  by  section
sixteen  of  this  act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-06-4

A. 5476--C                          2

  S 2. Subdivision 10 of section 2899-a of the  public  health  law,  as
amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
follows:
  10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
forty-five-b of the executive  law,  a  certified  home  health  agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or  a  home  care services agency exempt from certification or licensure
under article thirty-six of this chapter,  OR  AN  ADULT  CARE  FACILITY
LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, may temporarily
approve a prospective employee while the results of the criminal history
information  check and the determination are pending, upon the condition
that the provider conducts appropriate direct observation and evaluation
of the temporary employee, while he or she is temporarily employed,  and
the care recipient. The results of such observations shall be documented
in  the temporary employee's personnel file and shall be maintained. For
purposes of providing such appropriate  direct  observation  and  evalu-
ation, the provider shall utilize an individual employed by such provid-
er  with  a minimum of one year's experience working in an agency certi-
fied, licensed or approved under article thirty-six of this  chapter  OR
AN  ADULT  CARE  FACILITY  LICENSED  UNDER  ARTICLE  SEVEN OF THE SOCIAL
SERVICES LAW.  If the temporary employee is working under contract  with
another  provider  certified, licensed or approved under article thirty-
six of this chapter, such contract provider's appropriate direct  obser-
vation  and  evaluation  of  the temporary employee, shall be considered
sufficient for the purposes of complying with this subdivision.
  S 3. This act shall take effect immediately; provided,  however,  that
section two of this act shall take effect January 1, 2015.

assembly Bill A5476B

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

See Senate Version of this Bill:
S4926A
Versions:
A5476
A5476A
A5476B
A5476C
A5476D
Law Section:
Public Health Law
Laws Affected:
Amd §§2899 & 2899-a, Pub Health L; add §461-t, Soc Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5476--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ,  HEVESI, BRINDISI, BROOK-KRASNY,
  ROSENTHAL -- Multi-Sponsored by -- M. of A. LUPINACCI -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the  Committee  on  Health  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  public  health  law and social services law, in
  relation to requiring the review of the criminal history  of  prospec-
  tive employees of adult care facilities

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

  Section 1. Subdivision 6 of section 2899 of the public health law,  as
amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; OR ANY ADULT
CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
  S 2. Paragraph (a) of subdivision 9 of section 2899-a  of  the  public
health law, as amended by chapter 331 of the laws of 2006, is amended to
read as follows:
  (a)  In the event that funds are appropriated in any given fiscal year
for the reimbursement for the costs of providing such  criminal  history
information,  reimbursement  shall be made available in an equitable and
direct manner for the projected cost of the fee established pursuant  to
law by the division of criminal justice services for processing a crimi-
nal  history information check, the fee imposed by the federal bureau of
investigation for a national criminal history check, and  costs  associ-
ated  with obtaining the fingerprints to all providers licensed, but not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-05-4

A. 5476--B                          2

certified under article thirty-six of this chapter, AND ALL  ADULT  CARE
FACILITIES  LICENSED  UNDER  ARTICLE  SEVEN  OF THE SOCIAL SERVICES LAW,
including those that are subject to  this  article  and  are  unable  to
access  direct  reimbursement  from  state  and/or federal funded health
programs.
  S 3. The social services law is amended by adding a new section  461-t
to read as follows:
  S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
DIRECT  CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A CRIMI-
NAL HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES  UTILIZING
THE  PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF THE
PUBLIC HEALTH LAW.
  S 4. This act shall take effect the first of January  next  succeeding
the  date  on  which it shall have become a law.  Effective immediately,
the department of health is authorized and directed to promulgate, amend
and/or repeal, on an emergency basis, any rules and  regulations  neces-
sary to implement the provisions of this act.

assembly Bill A5476A

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

Versions:
A5476
A5476A
A5476B
A5476C
A5476D
Law Section:
Public Health Law
Laws Affected:
Amd §§2899 & 2899-a, Pub Health L; add §461-t, Soc Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5476--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, HEVESI, BRINDISI, BROOK-KRASNY --
  read once and  referred  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  public  health  law and social services law, in
  relation to requiring the review of the criminal history  of  prospec-
  tive employees of adult care facilities

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

  Section 1. Subdivision 6 of section 2899 of the public health law,  as
amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; OR ANY ADULT
CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
  S 2. Paragraph (a) of subdivision 9 of section 2899-a  of  the  public
health law, as amended by chapter 331 of the laws of 2006, is amended to
read as follows:
  (a)  In the event that funds are appropriated in any given fiscal year
for the reimbursement for the costs of providing such  criminal  history
information,  reimbursement  shall be made available in an equitable and
direct manner for the projected cost of the fee established pursuant  to
law by the division of criminal justice services for processing a crimi-
nal  history information check, the fee imposed by the federal bureau of
investigation for a national criminal history check, and  costs  associ-
ated  with obtaining the fingerprints to all providers licensed, but not
certified under article thirty-six of this chapter, AND ALL  ADULT  CARE
FACILITIES  LICENSED  UNDER  ARTICLE  SEVEN  OF THE SOCIAL SERVICES LAW,
including those that are subject to  this  article  and  are  unable  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-02-3

A. 5476--A                          2

access  direct  reimbursement  from  state  and/or federal funded health
programs.
  S  3. The social services law is amended by adding a new section 461-t
to read as follows:
  S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
DIRECT CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A  CRIMI-
NAL  HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES UTILIZING
THE PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF  THE
PUBLIC HEALTH LAW.
  S  4.  This  act shall take effect on January 1, 2014. Effective imme-
diately, the department of health is authorized and directed to  promul-
gate,  amend  and/or  repeal, on an emergency basis, any rules and regu-
lations necessary to implement the provisions of this act.

assembly Bill A5476

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

Versions:
A5476
A5476A
A5476B
A5476C
A5476D
Law Section:
Public Health Law
Laws Affected:
Amd Part A §38, Chap 60 of 2014; amd §2899-a, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5476

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Health

AN ACT to amend the public  health  law  and  social  services  law,  in
  relation  to  requiring the review of the criminal history of prospec-
  tive employees of adult care facilities

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

  Section  1. Subdivision 6 of section 2899 of the public health law, as
amended by chapter 331 of the laws  of  2006,  is  amended  to  read  as
follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; OR ANY ADULT
CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
  S  2.  Paragraph  (a) of subdivision 9 of section 2899-a of the public
health law, as amended by chapter 331 of the laws of 2006, is amended to
read as follows:
  (a) In the event that funds are appropriated in any given fiscal  year
for  the  reimbursement for the costs of providing such criminal history
information, reimbursement shall be made available in an  equitable  and
direct  manner for the projected cost of the fee established pursuant to
law by the division of criminal justice services for processing a crimi-
nal history information check, the fee imposed by the federal bureau  of
investigation  for  a national criminal history check, and costs associ-
ated with obtaining the fingerprints to all providers licensed, but  not
certified  under  article thirty-six of this chapter, AND ALL ADULT CARE
FACILITIES LICENSED UNDER ARTICLE SEVEN  OF  THE  SOCIAL  SERVICES  LAW,
including  those  that  are  subject  to  this article and are unable to
access direct reimbursement from  state  and/or  federal  funded  health
programs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-01-3

A. 5476                             2

  S  3.  Section  2899-a of the public health law is amended by adding a
new subdivision 13 to read as follows:
  13. ANY PROVIDER MAY APPLY TO THE DEPARTMENT TO UTILIZE AN ALTERNATIVE
METHOD  OF  OBTAINING  AND  REVIEWING  CRIMINAL  HISTORY  INFORMATION OF
PROSPECTIVE EMPLOYEES. THE DEPARTMENT MAY APPROVE  SUCH  AN  ALTERNATIVE
METHOD IF IT DETERMINES, IN ITS DISCRETION, THAT SUCH ALTERNATIVE METHOD
WILL RESULT IN THE DISCLOSURE AND REVIEW OF ALL RELEVANT CRIMINAL HISTO-
RY INFORMATION OF A PROSPECTIVE EMPLOYEE.
  S  4. The social services law is amended by adding a new section 461-t
to read as follows:
  S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
DIRECT CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A  CRIMI-
NAL  HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES UTILIZING
THE PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF  THE
PUBLIC HEALTH LAW.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law, and  the  department  of  health  is  authorized  and
directed  to promulgate, amend and/or repeal, on an emergency basis, any
rules and regulations necessary to implement the provisions of this act.

assembly Bill A9430

Relates to extending the authority of the department of environmental conservation to manage clams

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to extending the authority of the department of environmental conservation to manage clams.

Bill Details

See Senate Version of this Bill:
S7216
Versions:
A9430
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0325, En Con L

Votes

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

                                  9430

                          I N  A S S E M B L Y

                             April 29, 2014
                               ___________

Introduced by M. of A. SCHIMEL, SWEENEY, THIELE, PEOPLES-STOKES, ZEBROW-
  SKI,  OTIS,  ROSENTHAL, TITONE -- Multi-Sponsored by -- M. of A. BENE-
  DETTO, COOK, CRESPO, MAGEE, ROBINSON -- read once and referred to  the
  Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  extending the authority of the department of  environmental  conserva-
  tion to manage clams

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

  Section 1. Subdivision 8  of  section  13-0325  of  the  environmental
conservation  law,  as  amended  by  chapter 481 of the laws of 2011, is
amended to read as follows:
  8. The department may, until December 31, [2014] 2016, adopt by  regu-
lation  measures  for  the management of hard clams (Mercenaria mercena-
ria), soft or steamer clams (Mya arenaria), and razor clams (Ensis sp.),
including size limits, catch and  possession  limits,  open  and  closed
seasons, closed areas, restrictions on the manner of taking and landing,
requirements  for  permits  and  eligibility therefor, recordkeeping and
identification requirements, requirements on  the  amount  and  type  of
fishing  effort  and  gear, and requirements relating to transportation,
possession and sale, provided that such regulations are no less restric-
tive than requirements set forth in this chapter.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13967-02-4

assembly Bill A5309A

Relates to the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal.

Bill Details

See Senate Version of this Bill:
S1207A
Versions:
A5309
A5309A
Law Section:
Public Health Law
Laws Affected:
Amd §§2992 & 2994-r, Pub Health L

Votes

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

                                 5309--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by  M. of A. SKOUFIS, ZEBROWSKI, GUNTHER, RAIA, SCHIMMINGER,
  GALEF, JAFFEE, MONTESANO, TITONE, BRONSON,  ROBERTS,  OTIS  --  Multi-
  Sponsored  by -- M. of A. ARROYO, COOK, DUPREY, GIBSON, JACOBS, PERRY,
  ROBINSON, SCHIMEL, SEPULVEDA, WEISENBERG -- read once and referred  to
  the  Committee  on Health -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the public health law, in relation to certain health
  care agents or surrogates and protecting patients

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

  Section  1. Section 2992 of the public health law, as added by chapter
752 of the laws of 1990, is amended to read as follows:
  S 2992. Special proceeding authorized. The health care  provider,  the
conservator  for,  or committee of the principal, members of the princi-
pal's family, a close friend of the principal as defined in  subdivision
five  of section two thousand nine hundred sixty-one of this chapter, or
the commissioner of health, mental health, or [mental  retardation  and]
developmental disabilities may commence a special proceeding pursuant to
article  four  of the civil practice law and rules, in a court of compe-
tent jurisdiction, with respect to any dispute arising under this  arti-
cle, including, but not limited to, a proceeding to:
  1. determine the validity of the health care proxy;
  2.  have  the  agent  removed  on the ground that the agent (a) is not
reasonably available, willing and competent to fulfill his or her  obli-
gations  under  this article [or]; (b) is acting in bad faith; OR (C) IS
THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE  PRINCIPAL  OR  HAS
BEEN  ARRESTED  OR  CHARGED FOR A CRIMINAL ACT THAT ALLEGEDLY CAUSED THE
PRINCIPAL'S LACK OF CAPACITY OR SUBSTANTIALLY INJURED  OR  IMPAIRED  THE
HEALTH  STATUS  OF  THE PRINCIPAL, PROVIDED THAT THE APPLICATION OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05345-02-3

A. 5309--A                          2

PROVISION IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN THE INTEREST
OF JUSTICE; or
  3.  override  the  agent's decision about health care treatment on the
grounds that: (a) the decision was made in bad faith or (b) the decision
is not in accordance with the standards set forth in subdivision one  or
two of section two thousand nine hundred eighty-two of this article.
  S  2.  Subdivision  2  of  section 2994-r of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  2. Court orders designating surrogate. A court of competent  jurisdic-
tion  may  designate  any  individual  from the surrogate list to act as
surrogate, regardless of that individual's priority on the list, if  the
court  determines  that  such  appointment  would  best  accord with the
patient's wishes or, if the patient's wishes are not  reasonably  known,
with  the patient's best interests.  THE COURT MAY REMOVE A SURROGATE ON
THE GROUND THAT THE SURROGATE: (A) IS NOT REASONABLY AVAILABLE,  WILLING
AND  COMPETENT TO FULFILL HIS OR HER OBLIGATIONS UNDER THIS ARTICLE; (B)
IS ACTING IN BAD FAITH; OR (C) IS THE SUBJECT OF AN ORDER OF  PROTECTION
PROTECTING  THE  PATIENT  OR HAS BEEN ARRESTED OR CHARGED FOR A CRIMINAL
ACT THAT ALLEGEDLY CAUSED THE PATIENT'S LACK OF CAPACITY OR SUBSTANTIAL-
LY INJURED OR IMPAIRED THE HEALTH STATUS OF THE PATIENT,  PROVIDED  THAT
THE  APPLICATION OF THIS PROVISION IN A PARTICULAR CASE MAY BE WAIVED OR
MODIFIED IN THE INTEREST OF JUSTICE. Unless otherwise  determined  by  a
court, no surrogate decision made prior to an order designating a surro-
gate  shall  be deemed to have been invalid because of the issuance of a
designating order.
  S 3. This act shall take effect immediately.

assembly Bill A5309

Amended

Relates to the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal.

Bill Details

See Senate Version of this Bill:
S1207
Versions:
A5309
A5309A
Law Section:
Public Health Law
Laws Affected:
Amd §§2985 & 2994-d, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5309

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  appointment  of a health care agent or surrogate who is the subject of
  an order of protection protecting the principal

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

  Section  1.  Subdivision 1 of section 2985 of the public health law is
amended by adding a new paragraph (f) to read as follows:
  (F) THE APPOINTMENT OF A HEALTH CARE AGENT SHALL BE REVOKED UPON:  (1)
THE  AGENT BECOMING THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE
PRINCIPAL; OR (2) THE AGENT BEING ARRESTED OR  CRIMINALLY  CHARGED  WITH
ANY CRIME SET FORTH IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY
CAUSALLY RELATED TO THE INCAPACITATION OF THE PRINCIPAL.
  S  2.  Subdivision  2  of  section 2994-d of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  2. Restrictions on who may be a surrogate. (A) An  operator,  adminis-
trator,  or  employee  of  a  hospital or a mental hygiene facility from
which the patient was transferred, or a physician who has privileges  at
the  hospital or a health care provider under contract with the hospital
may not serve as the surrogate for any adult who is a  patient  of  such
hospital,  unless  such  individual  is related to the patient by blood,
marriage, domestic partnership, or adoption, or is a close friend of the
patient whose friendship with the patient preceded the patient's  admis-
sion  to the facility. If a physician serves as surrogate, the physician
shall not act as the patient's attending  physician  after  his  or  her
authority as surrogate begins.
  (B)  NO  PERSON  SHALL  SERVE  AS A SURROGATE IF HE OR SHE: (1) IS THE
SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE INCAPACITATED  PATIENT;
OR  (2) HAS BEEN ARRESTED OR CRIMINALLY CHARGED WITH ANY CRIME SET FORTH
IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSALLY RELATED TO
THE INCAPACITATION OF THE PATIENT.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05345-01-3

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