NY State Senate Bill 2009-S4114

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Apr 13, 2009	referred to local government

2009-S4114 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§371 & 374, add §372-a, Gen Muni L; amd §1806-a, V & T L; amd §12, Chap 496 of 1990; add §2415-a, Chap 879 of 1936

2009-S4114 (ACTIVE) - Summary

Relates to the Nassau county traffic and parking violations agency.

2009-S4114 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4114

 TITLE OF BILL :
An act to amend the general municipal law, the vehicle and traffic
law, chapter 496 of the laws of 1990 relating to establishing a
traffic and parking violations agency for the county of Nassau and
chapter 879 of the laws of 1936 providing for an alternative form of
government for certain counties, in relation to the Nassau county
traffic and parking violations agency


 DESCRIPTION :
This bill amends ??371 and 374 of the General Municipal Law and adds a
new ?372-a; amends ? 1806-a of the Vehicle and Traffic Law; amends ?12
of chapter 496 of the laws of 1990; and amends Article XXIV of the
County Government Law of Nassau County to add a new ?2415-a, in order
to clarify the authority and operations of the department of the
Nassau County government known as the Nassau County Traffic and
Parking Violations Agency ("TPVA").

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends subdivisions 1, 2 and 3 of General
Municipal Law ?371. Subdivision 1 is amended to renumber its
provisions. A new subdivision 2 is added to authorize the Nassau
County legislature to enact a local law authorizing judicial hearing
officers at TPVA to review the probable validity of retaining vehicles

pending the completion of civil forfeiture proceedings.  Subdivision 3
is amended in connection with the disposition of guilty pleas, entry
of default judgment following failure to appear before TPVA,
infractions requiring appearance before TPVA and the right to appear
before a judicial hearing officer at TPVA.

Section 2 adds a new section 372-a to the General Municipal Law
authorizing the executive director of TPVA to propose, subject to
approval by the Nassau County legislature, fees for services rendered
by TPVA.

Section 3 amends subdivision (a) of General Municipal Law ?374 to set
forth the duties and powers of traffic prosecutors at TPVA.

Section 4 amends subdivisions 1 and 3 of Vehicle and Traffic Law
?1806-a.. Subdivision 1 includes TPVA among the tribunals authorized
to enter default judgments when violators fail to answer within the
time specified and establishes five years as the statute of
limitations for obtaining default judgments. Subdivision 3 includes
TPVA among the tribunals having two years from the effective date of
the proposed act to seek default judgments in pending cases.

Section 5 amends section 12 of chapter 496 of the laws of 1990 to
invest the executive director of TPVA with the responsibility of
issuing annual reports on the progress, development and operations of
TPVA.

Section 6 amends Article XXIV of the county government law of Nassau
county to add a new section 2415-a, which invests the chief clerk and
other authorized non-judicial personnel at TPVA with the power to
administer oaths, take acknowledgements and sign the process or
mandate of the agency and which authorizes the executive director of
TPVA to designate non-judicial personnel to assume the powers and
perform the duties of clerks.

 JUSTIFICATION :
In 1990, the State of New York authorized the creation of the TPVA
pursuant to General Municipal Law ? 370 et seq. By local law enacted
in 1991, Nassau County established TPVA, which began operating in
1994. The enabling provisions of the General Municipal Law contemplate
the establishment and operation of TPVA as a Nassau county agency
vested with the jurisdictional authority of the Nassau county district
court to administer and dispose of traffic and parking violations.
Unfortunately, this hybrid agency/judicial character gave rise to
confusion in regard to TPVA's jurisdictional authority and operations.
In Dolce v. Nassau County Traffic and Parking Violations Agency, 7
N.Y.3d 492 (2006), the Court of Appeals clarified TPVA's county
agency/judicial character and its jurisdictional authority, but the
decision left intact several ambiguous statutory provisions. This bill
would eliminate any remaining ambiguity with amendments that reaffirm
TPVA's authority to render dispositions of traffic tickets as an arm
of the district court and reaffirm TPVA's authority to oversee and
manage its operations as an agency of county government.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPACT :
None to the State

 EFFECTIVE DATE :
This act would take effect immediately.

2009-S4114 (ACTIVE) - Bill Text download pdf

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

                                  4114

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, the vehicle and traffic  law,
  chapter 496 of the laws of 1990 relating to establishing a traffic and
  parking  violations agency for the county of Nassau and chapter 879 of
  the laws of 1936 providing for an alternative form of  government  for
  certain counties, in relation to the Nassau county traffic and parking
  violations agency

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

  Section 1. Subdivisions 2 and 3 of section 371 of the general  munici-
pal  law, subdivision 2 as added and subdivision 3 as amended by chapter
496 of the laws of 1990, are amended to read as follows:
  2. (A) The Nassau county traffic and  parking  violations  agency,  as
established,  may  be  authorized  to  assist the Nassau county district
court in the disposition and administration of  infractions  of  traffic
and  parking  laws,  ordinances, rules and regulations, except that such
agency shall not have jurisdiction over [(a)] (I) the traffic infraction
defined under subdivision one of section eleven  hundred  ninety-two  of
the  vehicle  and traffic law; [(b)] (II) the traffic infraction defined
under subdivision five of section eleven hundred ninety-two of the vehi-
cle and traffic law; [(c)] (III) the violation defined  under  paragraph
(b)  of subdivision four of section fourteen-f of the transportation law
and the violation defined under clause  (b)  of  subparagraph  (iii)  of
paragraph  (d)  of  subdivision  two of section one hundred forty of the
transportation law; [(d)] (IV)  the  traffic  infraction  defined  under
section  three hundred ninety-seven-a of the vehicle and traffic law and
the traffic infraction defined under subdivision (g) of  section  eleven
hundred eighty of the vehicle and traffic law; [(e)] (V) any misdemeanor
or  felony;  or [(f)] (VI) any offense that is part of the same criminal
transaction, as that term is defined in subdivision two of section 40.10

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11101-01-9

S. 4114                             2

of the criminal procedure law, as a  violation  of  subdivision  one  of
section  eleven  hundred  ninety-two  of  the vehicle and traffic law, a
violation of subdivision five of section eleven  hundred  ninety-two  of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four  of  section  fourteen-f  of the transportation law, a violation of
clause (b) of subparagraph (iii) of paragraph (d) of subdivision two  of
section  one  hundred  forty  of  the transportation law, a violation of
section three hundred ninety-seven-a of the vehicle and traffic  law,  a
violation  of  subdivision  (g)  of section eleven hundred eighty of the
vehicle and traffic law or any misdemeanor or felony.
  (B) NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (A)  OF  THIS  SUBDIVI-
SION,  THE  LEGISLATURE  OF  THE  COUNTY OF NASSAU MAY ENACT A LOCAL LAW
PROVIDING THAT JUDICIAL HEARING OFFICERS AT THE  NASSAU  COUNTY  TRAFFIC
AND  PARKING  VIOLATIONS  AGENCY MAY REVIEW THE PROBABLE VALIDITY OF THE
CONTINUED RETENTION OF A VEHICLE  PENDING  THE  COMPLETION  OF  A  CIVIL
FORFEITURE  PROCEEDING  PURSUANT  TO  SECTION 8-7.0 OF THE NASSAU COUNTY
ADMINISTRATIVE CODE; PROVIDED, HOWEVER, THAT SUCH REVIEW SHALL BE LIMIT-
ED TO THE PROBABLE VALIDITY OF CONTINUED RETENTION OF  THE  VEHICLE  AND
SHALL  NOT INCLUDE THE ADJUDICATION OF THE UNDERLYING TRAFFIC INFRACTION
OR THE CIVIL ACTION FOR FORFEITURE.
  3. A person charged with an infraction which shall be disposed  of  by
either  a  traffic  violations  bureau  or the Nassau county traffic and
parking violations agency, may be permitted to answer, within  a  speci-
fied time, at the traffic violations bureau, and in Nassau county at the
traffic  and  parking  violations agency, either in person or by written
power of attorney in such form as may be prescribed in the ordinance  or
local  law  creating  the  bureau or agency, 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 or agency to enter such a plea or admission and accept payment of
said fine. Acceptance of the prescribed fine and power  of  attorney  by
the  bureau  or  agency  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] INFRACTION does not answer as
hereinbefore prescribed, within a designated time, the bureau or  agency
may  cause a complaint to be entered against [him] SUCH PERSON forthwith
and a warrant to be issued for his  arrest  and  appearance  before  the
court,  such  summons to be predicated upon the personal service of said
summons upon the person charged with the infraction; AND  MAY,  PURSUANT
TO  THE  PROCEDURES  SET  FORTH IN SECTION EIGHTEEN HUNDRED SIX-A OF THE
VEHICLE AND TRAFFIC LAW, ENTER A DEFAULT JUDGMENT AGAINST  SUCH  PERSON.
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  or
agency,  but]  must appear BEFORE A JUDGE in court OR, IN NASSAU COUNTY,
BEFORE A JUDICIAL HEARING OFFICER AT THE TRAFFIC AND PARKING  VIOLATIONS
AGENCY,  at a time specified by the [bureau or] agency. [Such bureau or]
NO agency shall [not] be authorized to deprive a person of  his  OR  HER
right  to counsel or to prevent [him] SUCH PERSON from exercising his OR
HER right to appear BEFORE A JUDGE in court OR, IN NASSAU COUNTY, BEFORE

S. 4114                             3

A JUDICIAL HEARING OFFICER AT THE TRAFFIC AND PARKING VIOLATIONS AGENCY,
to answer to, explain, or defend any charge of a violation of any  traf-
fic law, ordinance, rule or regulation.
  S  2.  The  general  municipal  law is amended by adding a new section
372-a to read as follows:
  S 372-A. FEES. THE EXECUTIVE DIRECTOR OF THE NASSAU COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY SHALL SET  FEES  FOR  ADMINISTRATIVE  SERVICES
RELATING  TO  THE DISPOSITION OF TRAFFIC AND PARKING VIOLATIONS, SUBJECT
TO THE APPROVAL OF THE NASSAU COUNTY LEGISLATURE.
  S 3. Subdivision (a) of section 374 of the general municipal  law,  as
amended  by  chapter  527  of  the  laws  of 2002, is amended to read as
follows:
  (a) The executive director of the Nassau county  traffic  and  parking
violations  agency,  appointed  pursuant  to  subdivision  (b)  of  this
section, shall select and may contract with or hire one or more  persons
who  are  attorneys,  duly  admitted  to the practice of law in New York
state for the prosecution of any traffic and parking infraction,  except
those  described in paragraphs (a), (b), (c), (d), (e) and (f) of subdi-
vision two of section three hundred seventy-one of this article,  to  be
heard,  tried  or  otherwise disposed of by the district court of Nassau
county. Such persons shall be known as "traffic  prosecutors",  as  that
term  is  defined  in  section  three hundred seventy-a of this article.
Traffic prosecutors shall have the same power  as  a  district  attorney
would  otherwise  have  HAD in the prosecution of any traffic or parking
infraction which [may], pursuant to  the  jurisdictional  provisions  of
section  three  hundred  seventy-one of this article, AS SUCH PROVISIONS
EXISTED PRIOR TO THE ESTABLISHMENT OF  THE  NASSAU  COUNTY  TRAFFIC  AND
PARKING  VIOLATIONS AGENCY, WAS REQUIRED TO be prosecuted before A JUDGE
OF the district court of Nassau county.   The executive  director  shall
give  active  consideration  to  requiring that such traffic prosecutors
serve on a full-time basis.  Traffic  prosecutors  are  prohibited  from
appearing  in  any  capacity  other  than as a traffic prosecutor AT THE
NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY OR in  any  part  of
the  Nassau  county  district court on any matter relating to traffic or
parking violations and are further  prohibited  from  appearing  in  any
capacity other than as a traffic prosecutor in any other court or admin-
istrative  tribunal  on  any  matter  relating  to  traffic  or  parking
violations.
  S 4. Subdivisions 1 and 3 of section 1806-a of the vehicle and traffic
law, as added by chapter 841 of the laws of 1984, are amended to read as
follows:
  1. In the event a person charged with a traffic  infraction  does  not
answer  within the time specified, the NASSAU COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY OR court having jurisdiction, other than a court in  a
city  over  one  million population may, in addition to any other action
authorized by law, enter a plea of guilty on behalf of the defendant and
render a default judgment of a fine determined by the court  within  the
amount authorized by law. Any judgment entered pursuant to default shall
be  civil  in  nature,  but  shall  be  treated  as a conviction for the
purposes of this section.  However, at least thirty days after the expi-
ration of the original date prescribed for entering a plea and before  a
plea  of  guilty  and  a  default  judgment may be rendered, the traffic
violations bureau or, if there be none, the clerk of the court,  OR  THE
CLERK  OF  THE  NASSAU  COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS
APPROPRIATE shall notify the defendant by certified  mail:  (a)  of  the
violation charged; (b) of the impending plea of guilty and default judg-

S. 4114                             4

ment;  (c) that such judgment will be filed with the county clerk of the
county in which the operator or registrant is located, and  (d)  that  a
default or plea of guilty may be avoided by entering a plea or making an
appearance  within  thirty  days  of  the  sending of such notice. Pleas
entered within that period shall  be  in  a  manner  prescribed  in  the
notice.  In  no  case  shall  a  default  judgment and plea of guilty be
rendered more than [two] FIVE years after the  expiration  of  the  time
prescribed  for  originally entering a plea. When a person has entered a
plea of not guilty and has demanded a hearing, no fine or penalty  shall
be  imposed  for  any  reason, prior to the holding of the hearing which
shall be scheduled by the court of such city, village or  town,  OR  THE
NASSAU  COUNTY  TRAFFIC  AND  PARKING  VIOLATIONS AGENCY within [thirty]
SIXTY days of such demand.
  3. Notwithstanding the provisions of subdivision one of this  section,
a  traffic  violations  bureau  or,  if  there be none, the clerk of the
court, OR THE NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, shall
have two years from the effective date of this act to serve notice  upon
an operator or owner of a motor vehicle charged with a traffic violation
who  has  not answered within the time specified and prior to the effec-
tive date of this act.
  S 5. Section 12 of chapter 496 of the laws of 1990, relating to estab-
lishing a traffic and  parking  violations  agency  for  the  county  of
Nassau, is amended to read as follows:
  S  12.  The  administrative  judge  of Nassau county shall issue on an
annual basis, beginning  eighteen  months  following  the  creation  the
Nassau  county  traffic and parking violations agency pursuant to Nassau
county local law, a report detailing the progress, development and oper-
ations of the traffic and parking violations agency, PROVIDED,  HOWEVER,
THAT  THE  EXECUTIVE  DIRECTOR  OF  SUCH AGENCY SHALL BE RESPONSIBLE FOR
ISSUING SUCH REPORTS AFTER THE EFFECTIVE DATE OF A CHAPTER OF  THE  LAWS
OF  2009 WHICH AMENDED THIS SECTION. The report shall be provided to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the  Nassau  county  executive,  the  Nassau county [board of
supervisors] LEGISLATURE, AND the presiding judge of the  Nassau  county
district court [and the Nassau county district attorney].
  S 6. Chapter 879 of the laws of 1936 providing for an alternative form
of  government  for  certain counties is amended by adding a new section
2415-a to read as follows:
  S 2415-A. POWERS AND DUTIES OF NON-JUDICIAL PERSONNEL. (1) CLERKS. THE
CHIEF CLERK AND SUCH OTHER NON-JUDICIAL PERSONNEL AS SHALL BE AUTHORIZED
BY RULE OR ORDER OF THE EXECUTIVE DIRECTOR OF THE NASSAU COUNTY  TRAFFIC
AND  PARKING  VIOLATIONS  AGENCY SHALL EACH HAVE THE POWER TO ADMINISTER
OATHS, TAKE ACKNOWLEDGMENTS AND SIGN THE PROCESS OR MANDATE OF THE AGEN-
CY.
  (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE EXECUTIVE
DIRECTOR OF THE NASSAU COUNTY  TRAFFIC  AND  PARKING  VIOLATIONS  AGENCY
SHALL  DESIGNATE NON-JUDICIAL PERSONNEL TO ASSUME THE POWERS AND PERFORM
THE DUTIES OF CLERKS, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,  AT
SUCH AGENCY.
  S  7. This act shall take effect immediately, provided that the amend-
ments to subdivisions 2 and 3 of section 371 of  the  general  municipal
law  made  by section one of this act shall not affect the expiration of
such section and shall expire therewith.

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Senate Bill S4114

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2009-S4114 (ACTIVE) - Details

2009-S4114 (ACTIVE) - Summary

2009-S4114 (ACTIVE) - Sponsor Memo

2009-S4114 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4114

Share this bill

Sponsored By

Craig M. Johnson

Archive: Last Bill Status - In Senate Committee Local Government Committee

2009-S4114 (ACTIVE) - Details

2009-S4114 (ACTIVE) - Summary

2009-S4114 (ACTIVE) - Sponsor Memo

2009-S4114 (ACTIVE) - Bill Text download pdf

Comments