S T A T E   O F   N E W   Y O R K
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    S. 5634                                                  A. 8239

                       2011-2012 Regular Sessions

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

                              June 8, 2011
                               ___________

IN  SENATE -- Introduced by Sen. ZELDIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

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

AN  ACT to amend the general municipal law, the vehicle and traffic law,
  the state finance law and the criminal procedure law, in  relation  to
  establishing  a traffic and parking violations agency in the county of
  Suffolk

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

  Section  1.  Section  370  of  the general municipal law is amended by
adding a new subdivision 3 to read as follows:
  3. THE BOARD OF SUPERVISORS OF THE COUNTY OF SUFFOLK MAY BY LOCAL  LAW
ESTABLISH  A TRAFFIC AND PARKING VIOLATIONS AGENCY TO ASSIST THE SUFFOLK
COUNTY DISTRICT COURT TO ADMINISTER AND DISPOSE OF TRAFFIC  AND  PARKING
INFRACTIONS.
  S  2.  Section 370-a of the general municipal law, as added by chapter
496 of the laws of 1990, subdivision 1 as amended by chapter 527 of  the
laws of 2002, is amended to read as follows:
  S 370-a. Definitions. For the purpose of this article:
  1.  "Traffic and parking violations agency" shall mean a department of
the Nassau county government established pursuant to subdivision two  of
section  three  hundred  seventy  of this article OR A DEPARTMENT IN THE
SUFFOLK COUNTY GOVERNMENT ESTABLISHED PURSUANT TO SUBDIVISION  THREE  OF
SUCH  SECTION  to  administer and dispose of traffic and parking infrac-
tions.
  2. "Traffic prosecutor" shall mean an attorney duly admitted to  prac-
tice  law in the state of New York who, having been appointed and either
hired or retained pursuant to section three hundred seventy-four of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-01-1
              

S. 5634                             2                            A. 8239

article, has the responsibility of prosecuting any traffic  and  parking
infractions  returnable  before  the Nassau county district court OR THE
SUFFOLK COUNTY DISTRICT COURT pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
  S  3.  Subdivisions 2, 3 and 4 of section 371 of the general municipal
law, subdivision 2 as amended by chapter 19 of the laws of 2009,  subdi-
vision 3 as amended by chapter 496 of the laws of 1990 and subdivision 4
as  amended  by  chapter 465 of the laws of 1998, are amended to read as
follows:
  2. The Nassau county traffic and parking violations agency, as  estab-
lished,  may  be  authorized to assist the Nassau county district court,
AND THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS  ESTAB-
LISHED,  MAY  BE AUTHORIZED TO ASSIST THE SUFFOLK COUNTY DISTRICT COURT,
in the disposition and administration  of  infractions  of  traffic  and
parking  laws,  ordinances,  rules  and regulations and the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of the vehicle and traffic law  in  accordance  with  section  eleven
hundred  eleven-b  of such law, except that such [agency] AGENCIES shall
not have jurisdiction over (a)  the  traffic  infraction  defined  under
subdivision  one of section eleven hundred ninety-two of the vehicle and
traffic law; (b) the traffic infraction defined under  subdivision  five
of section eleven hundred ninety-two of the vehicle and traffic law; (c)
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) the traffic
infraction defined under section three  hundred  ninety-seven-a  of  the
vehicle  and traffic law and the traffic infraction defined under subdi-
vision (g) of section eleven hundred eighty of the vehicle  and  traffic
law;  (e)  any misdemeanor or felony; or (f) any offense that is part of
the same criminal transaction, as that term is  defined  in  subdivision
two  of  section  40.10 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 subdivi-
sion 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.
  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,  OR  THE SUFFOLK COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY may be permitted to answer, within a  specified  time,
at  the traffic violations bureau, [and] in Nassau county at the traffic
and parking violations agency AND IN SUFFOLK 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 writ-
ing, waiving a hearing in court, pleading guilty to the charge or admit-
ting liability as an owner for  the  violation  of  subdivision  (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 agen-
cy 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

S. 5634                             3                            A. 8239

agency 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  or  agency  may  cause a complaint to be
entered against him 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.  Any person who shall have been, within the preceding twelve
months, guilty of a number of parking violations in excess of such maxi-
mum 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 in court at a time specified by the
bureau or agency. Such bureau or  agency  shall  not  be  authorized  to
deprive a person of his right to counsel or to prevent him from exercis-
ing  his  right  to appear in court to answer to, explain, or defend any
charge of a violation of any traffic law, ordinance, rule or regulation.
  4. Notwithstanding any inconsistent provision of law, fines, penalties
and forfeitures collected by the Nassau county OR SUFFOLK COUNTY traffic
and parking violations  agency  shall  be  distributed  as  provided  in
section  eighteen  hundred  three  of  the  vehicle and traffic law. All
fines, penalties and  forfeitures  for  violations  adjudicated  by  the
Nassau  county  OR  SUFFOLK COUNTY traffic and parking violations agency
pursuant to subdivision two of this section, with the exception of park-
ing violations, and except as provided in subdivision three  of  section
ninety-nine-a  of  the state finance law, shall be paid by such [agency]
AGENCIES to the state comptroller within the first ten days of the month
following collection. Each such payment shall be accompanied by  a  true
and  complete  report  in  such form and detail as the comptroller shall
prescribe.
  S 4. Section 374 of the general municipal law, as amended  by  chapter
527 of the laws of 2002, is amended to read as follows:
  S  374.  Traffic prosecutor selection and oversight. (a) The executive
director of the Nassau county traffic and parking violations agency, AND
THE EXECUTIVE  DIRECTOR  OF  THE  SUFFOLK  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 IN THE CASE OF AN ATTORNEY SELECTED BY THE NASSAU  COUNTY  EXECU-
TIVE  DIRECTOR,  OR BY THE DISTRICT COURT OF SUFFOLK COUNTY, IN THE CASE
OF AN ATTORNEY SELECTED BY THE SUFFOLK COUNTY EXECUTIVE DIRECTOR.   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 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, be prosecuted before the district court of  Nassau  county
OR THE DISTRICT COURT OF SUFFOLK COUNTY, AS THE CASE MAY BE.  The execu-
tive  director  shall  give  active consideration to requiring that such
traffic prosecutors serve on a full-time basis. Traffic prosecutors  are

S. 5634                             4                            A. 8239

prohibited from appearing in any capacity other than as a traffic prose-
cutor  in  any  part  of the Nassau county district court OR THE SUFFOLK
COUNTY DISTRICT COURT, AS THE CASE MAY BE  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
administrative tribunal on any matter relating  to  traffic  or  parking
violations.
  (b)  The  county  executive  of  the  county of Nassau shall appoint a
person to serve as the executive director of the Nassau  county  traffic
and  parking violations agency subject to the confirmation of the county
legislature of the county of Nassau. THE COUNTY EXECUTIVE OF THE  COUNTY
OF  SUFFOLK SHALL APPOINT A PERSON TO SERVE AS THE EXECUTIVE DIRECTOR OF
THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY SUBJECT TO  THE
CONFIRMATION  OF  THE  COUNTY  LEGISLATURE OF THE COUNTY OF SUFFOLK. The
executive director shall be responsible for the oversight  and  adminis-
tration  of  the  agency.  The  executive  director  OF NASSAU COUNTY is
prohibited from appearing in any capacity in  any  part  of  the  Nassau
county  district  court  AND THE EXECUTIVE DIRECTOR OF SUFFOLK COUNTY IS
PROHIBITED FROM APPEARING IN ANY CAPACITY IN ANY  PART  OF  THE  SUFFOLK
COUNTY  DISTRICT  COURT  on  any  matter  relating to traffic or parking
violations and is further prohibited from appearing in any  capacity  in
any  other  court  or  administrative tribunal on any matter relating to
traffic or parking violations.
  (c) It shall be a misdemeanor for the executive director, any  traffic
prosecutor  or  any judicial hearing officer assigned to hear traffic or
parking violations cases pursuant to section one  thousand  six  hundred
ninety  of the vehicle and traffic law to establish any quota of traffic
violation convictions which must be obtained by any  traffic  prosecutor
or judicial hearing officer. Nothing contained herein shall prohibit the
taking  of any job action against a traffic prosecutor or judicial hear-
ing officer for failure to satisfactorily perform such  prosecutor's  or
officer's job assignment except that the employment productivity of such
prosecutor  or officer shall not be measured by the attainment or nonat-
tainment of any conviction quota. For the purposes  of  this  section  a
conviction  quota shall mean a specific number of convictions which must
be obtained within a specific time period.
  (d) The legislature of the county  of  Nassau  may  appropriate  those
monies  which,  in  the legislature's sole discretion, are necessary for
the compensation of those persons selected to serve as executive  direc-
tor  and  traffic prosecutors and to cover all other expenses associated
with the  administration  of  the  Nassau  county  traffic  and  parking
violations agency.
  (E)  THE  LEGISLATURE  OF  THE COUNTY OF SUFFOLK MAY APPROPRIATE THOSE
MONIES WHICH, IN THE LEGISLATURE'S SOLE DISCRETION,  ARE  NECESSARY  FOR
THE  COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS EXECUTIVE DIREC-
TOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER  EXPENSES  ASSOCIATED
WITH  THE  ADMINISTRATION  OF  THE  SUFFOLK  COUNTY  TRAFFIC AND PARKING
VIOLATIONS AGENCY.
  S 5. The article heading of article 44-A of the  vehicle  and  traffic
law,  as added by chapter 496 of the laws of 1990, is amended to read as
follows:
                    AUTHORITY OF THE NASSAU AND SUFFOLK
                          COUNTY DISTRICT COURT
                   JUDICIAL HEARING [OFFICER] OFFICERS

S. 5634                             5                            A. 8239

  S 6. The section heading, subdivision 1 and subdivision 4  of  section
1690 of the vehicle and traffic law, the section heading and subdivision
4  as  added  by  chapter  496  of the laws of 1990 and subdivision 1 as
amended by chapter 420 of the laws of  2001,  are  amended  to  read  as
follows:
  Authority of the Nassau county AND SUFFOLK COUNTY district court judi-
cial hearing [officer] OFFICERS.  1. Notwithstanding any other provision
of law, where the trial of a traffic or parking infraction is authorized
or  required  to  be  tried  before  the Nassau county district court OR
SUFFOLK COUNTY DISTRICT COURT, and such traffic and  parking  infraction
does  not constitute a misdemeanor, felony, violation of subdivision one
of section eleven hundred ninety-two, subdivision five of section eleven
hundred ninety-two, section three hundred ninety-seven-a, or subdivision
(g) of section eleven hundred eighty of this chapter, or a violation  of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph  (iii)  of  paragraph  d  of subdivision two of section one
hundred forty of the transportation law, or any offense that is part  of
the  same  criminal  transaction, as that term is defined in subdivision
two of section 40.10 of the criminal procedure law, as such a  misdemea-
nor,  felony,  violation  of  subdivision  one of section eleven hundred
ninety-two,  subdivision  two  of  section  eleven  hundred  ninety-two,
section three hundred ninety-seven-a or subdivision (g) of section elev-
en  hundred  eighty  of this chapter, or a violation of paragraph (b) of
subdivision four of section fourteen-f or  clause  (b)  of  subparagraph
(iii)  of paragraph d of subdivision two of section one hundred forty of
the transportation law, the administrative judge of the county in  which
the  trial  court  is  located,  may assign judicial hearing officers to
conduct such a trial. Such judicial hearing officers  shall  be  village
court justices or retired judges either of which shall have at least two
years  of experience conducting trials of traffic and parking violations
cases and shall be admitted to practice law in this  state.  Where  such
assignment  is  made,  the  judicial hearing officer shall entertain the
case in the same manner as a court and shall:
  (a) determine all questions of law;
  (b) act as the exclusive trier of all issues of fact;
  (c) render a verdict;
  (d) impose sentence; or
  (e) dispose of the case in any manner provided by law.
  4. Judicial hearing officers are  prohibited  from  appearing  in  any
capacity  other  than  as  a judicial hearing officer in any part of the
Nassau county OR SUFFOLK 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 judicial hearing officer in any other
court or administrative tribunal on any matter relating  to  traffic  or
parking violations.
  S 7. Subdivision 5 of section 350.20 of the criminal procedure law, as
added by chapter 496 of the laws of 1990, is amended to read as follows:
  5.  Notwithstanding the provisions of subdivision one of this section,
FOR ALL PROCEEDINGS BEFORE THE  DISTRICT  COURT  OF  NASSAU  COUNTY  the
administrative  judge  of  Nassau  county  may,  AND FOR ALL PROCEEDINGS
BEFORE THE DISTRICT COURT OF SUFFOLK COUNTY, THE ADMINISTRATIVE JUDGE OF
SUFFOLK COUNTY MAY, without the consent of the parties,  assign  matters
involving  traffic  and  parking  infractions  except those described in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three hundred seventy-one of the general municipal  law  to  a  judicial
hearing officer [for all proceedings before the district court of Nassau

S. 5634                             6                            A. 8239

county]  in  accordance  with  the provisions of section sixteen hundred
ninety of the vehicle and traffic law.
  S  8.  Subdivision 1 of section 225 of the vehicle and traffic law, as
amended by chapter 173 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  Notwithstanding  any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
offenses,  which  occur within a city having a population of two hundred
thousand or more in which administrative tribunals have heretofore  been
established,  [or  within  that  portion  of  Suffolk county for which a
district court has been established,] and which are classified as  traf-
fic infractions, may be heard and determined pursuant to the regulations
of  the commissioner as provided in this article. Whenever a crime and a
traffic infraction arise out of the same transaction  or  occurrence,  a
charge  alleging  both  offenses may be made returnable before the court
having jurisdiction over the crime. Nothing  herein  provided  shall  be
construed to prevent a court, having jurisdiction over a criminal charge
relating  to  traffic  or a traffic infraction, from lawfully entering a
judgment of conviction, whether or not based on a plea  of  guilty,  for
any offense classified as a traffic infraction.
  S  9.  Subdivision  3  of  section  99-a  of the state finance law, as
amended by chapter 465 of the laws  of  1998,  is  amended  to  read  as
follows:
  3.  The  comptroller  is  hereby  authorized  to implement alternative
procedures, including guidelines in conjunction therewith,  relating  to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau [county] AND SUFFOLK COUN-
TIES  traffic  and  parking violations [agency] AGENCIES, to the justice
court fund and for the distribution of such moneys by the justice  court
fund.  Notwithstanding  any  law to the contrary, the alternative proce-
dures utilized may include:
  a. electronic funds transfer;
  b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the  case  of  the  Nassau  [county]  AND
SUFFOLK  COUNTIES  traffic  and parking violations [agency] AGENCIES, to
the county treasurer, for distribution in accordance  with  instructions
by the comptroller; and/or
  c. monthly, rather than quarterly, distribution of funds.
  The comptroller may require such reporting and record keeping as he or
she  deems  necessary  to  ensure  the  proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau  [county]
AND  SUFFOLK  COUNTIES  traffic and parking violations [bureau] AGENCIES
may utilize these procedures only when permitted by the comptroller, and
such permission, once given, may subsequently be withdrawn by the  comp-
troller on due notice.
  S  10.  Subdivision 2 of section 99-l of the general municipal law, as
amended by chapter 179 of the laws  of  2000,  is  amended  to  read  as
follows:
  2.  The  [county]  COUNTIES of Nassau AND SUFFOLK shall be entitled to
receive the amounts set forth in subdivision one of this section for the
services of [the Nassau] THEIR RESPECTIVE  county  traffic  and  parking
violations  agency  and  for  all  services  in  each  case of a parking
violation, instituted and triable in such  agency,  wherein  a  fine  is
imposed, a surcharge of ten dollars.

S. 5634                             7                            A. 8239

  S  11.  Subdivision 2 of section 99-l of the general municipal law, as
added by chapter 261 of the laws of 1993, is amended to read as follows:
  2.  The  [county]  COUNTIES of Nassau AND SUFFOLK shall be entitled to
receive the amounts set forth in subdivision one of this section for the
services of [the Nassau] THEIR RESPECTIVE  county  traffic  and  parking
violations agency.
  S  12. Notwithstanding any provision of law to the contrary no non-ju-
dicial employee of the Suffolk county  district  court  shall  suffer  a
diminution of salary, employment status or rights solely by operation of
this act provided that nothing herein shall limit the legal authority of
the  chief  administrator  of the courts to supervise the administration
and operation of the unified court system.
  S 13. The administrative judge of Suffolk county  shall  issue  on  an
annual  basis,  beginning  eighteen months following the creation of the
Suffolk county traffic and parking violations agency pursuant to Suffolk
county local law, a report detailing the progress, development and oper-
ations of the traffic and parking violations agency. The report shall be
provided to the governor, the temporary president  of  the  senate,  the
speaker of the assembly, the Suffolk county executive, the Suffolk coun-
ty  board  of  supervisors,  the  presiding  judge of the Suffolk county
district court and the Suffolk county district attorney.
  S 14. This act shall take effect immediately; provided,  however,  the
amendments to sections 370-a, subdivisions 2, 3 and 4 of section 371 and
section 374 of the general municipal law, the article heading of article
44-A and the section heading and subdivisions 1 and 4 of section 1690 of
the  vehicle  and traffic law and subdivision 5 of section 350.20 of the
criminal procedure law, as made by sections two, three, four, five,  six
and seven of this act, respectively, shall take effect only in the event
that the county of Suffolk shall have by local law established a traffic
and parking violations agency; provided that the board of supervisors of
the county of Suffolk shall notify the legislative bill drafting commis-
sion  upon  the  occurrence of the enactment of the legislation provided
for in sections two, three, four, five, six and seven  of  this  act  in
order  that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law; provided, however,
that  the amendments to section 371 of the general municipal law made by
section three of this act  shall  not  affect  the  expiration  of  such
section  and  shall be deemed to expire therewith; and provided that the
amendments to subdivision 2 of section 99-l of the general municipal law
made by section ten of this act shall be subject to the  expiration  and
reversion  of  such  subdivision pursuant to section 6 of chapter 179 of
the laws of 2000, as amended, when upon  such  date  the  provisions  of
section eleven of this act shall take effect.