senate Bill S5634B

Signed By Governor
2011-2012 Legislative Session

Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors

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Archive: Last Bill Status Via A9539 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.388
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
home rule request
3rd reading cal.358
substituted for s5634f
Jun 21, 2012 substituted by a9539d
Jun 19, 2012 amended on third reading 5634f
vote reconsidered - restored to third reading
Jun 18, 2012 returned to senate
recalled from assembly
May 21, 2012 referred to transportation
delivered to assembly
passed senate
home rule request
May 07, 2012 amended on third reading 5634e
Apr 18, 2012 amended on third reading (t) 5634d
Mar 26, 2012 amended on third reading 5634c
Mar 19, 2012 advanced to third reading
Mar 15, 2012 2nd report cal.
Mar 14, 2012 1st report cal.358
Feb 23, 2012 print number 5634b
amend and recommit to local government
Feb 15, 2012 print number 5634a
amend and recommit to local government
Jan 04, 2012 referred to local government
Jun 08, 2011 referred to local government

Votes

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Mar 14, 2012 - Local Government committee Vote

S5634B
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Local Government Committee Vote: Mar 14, 2012

aye wr (1)
excused (1)

Bill Amendments

Original
A
B
C
D
E
F (Active)
Original
A
B
C
D
E
F (Active)

S5634 - Bill Details

Law Section:
General Municipal Law
Laws Affected:
Amd §§370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, §§1690 & 225, add §1809-f, V & T L; amd §350.20, CP L; amd §99-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A8471, S5862

S5634 - Bill Texts

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Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

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BILL NUMBER:S5634

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To allow for the establishment of a
traffic and parking violations agency in the County of Suffolk and
for the appointment of traffic prosecutors.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends the general
municipal law. the vehicle and traffic law. the state finance law.
and the criminal procedure law to allow Suffolk County, by local law,
to establish a traffic and parking violations agency to assist the
Suffolk County district court in administering and disposing of
traffic and parking infractions, The Suffolk County Executive 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 Suffolk County Legislature. An annual report by
the administrative judge of Suffolk County detailing the progress,
development and operations of the traffic violations agency would be
required under the provisions of this legislation.

JUSTIFICATION:
Current law allows the legislative body of a city,
village or town, by local law, to authorize the court having
jurisdiction of traffic cases to establish a traffic violations
bureau to assist in the disposition of infractions in relation to
traffic violations.
Such a traffic and parking violations agency has also been established
in Nassau County, This legislation, introduced at the request of the
Suffolk County Legislature, would provide for the establishment of a
traffic and parking violations agency in the County of Suffolk to
assist the district court in the administration and disposition of
traffic and parking infractions.

This agency would be established to assist the district court in the
administration and disposition of traffic and parking infractions to
lessen any backlog of unanswered and unpaid traffic and parking
summonses issued in Suffolk County. This would ease the burden on the
district court in disposing of the tremendous number cases that these
types of infractions tend to generate. speedy and equitable
disposition of charges alleging traffic and parking violations will
preserve the quality of life in Suffolk County. Residents would be
assured that traffic and parking laws will be enforced and
appropriate the penalties will be imposed on those persons who have
been found guilty of violating them.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect immediately, with provisions.

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

    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.

S5634A - Bill Details

Law Section:
General Municipal Law
Laws Affected:
Amd §§370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, §§1690 & 225, add §1809-f, V & T L; amd §350.20, CP L; amd §99-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A8471, S5862

S5634A - Bill Texts

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Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

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BILL NUMBER:S5634A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows for the establishment of a traffic and parking
violation agency in the County of Suffolk and for the appointment of
traffic prosecutors.

SUMMARY OF PROVISIONS:
Section One amends section 370 of the general municipal law by adding a
new subdivision which establishes a Suffolk County traffic and parking
violations agency, operating under the direction and control of the
county executive.

Section Two amends 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 to add Suffolk county into the definitions
section of the section of law pertaining to traffic violations bureaus
wherever Nassau County is named.

Section Three amends section 371 of the general municipal law, subdivi-
sions 2 as amended by chapter 19 and the laws of 2009, subdivision 3 as
amended by chapter 496 of the laws of 1990 and subdivision 4 as amended
by chapter 456 of the laws of 1998 to authorize the traffic and parking
violations agency in Suffolk county 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 certain violations, permits an individual
charged with an infraction to answer at the Suffolk county traffic and
parking violations agency established under this law.

Section Four amends section 374 of the general municipal law to provide
that the traffic prosecutor for the Suffolk county traffic and parking
violations agency shall be appointed by the county executive and
provides for the hiring of attorneys to serve as "traffic prosecutors."

Section Five through Eleven are cross-references

Section Twelve amends the vehicle and traffic law by adding a new
section 1809-f which provides for an additional surcharge for certain
violations in Suffolk County which shall be paid to the chief fiscal
officer of Suffolk County by the clerk of the court or administrative
tribunal that determined the liability.

Section Thirteen provides that no non-judicial 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 the legal
authority of the chief administrator of the courts to supervise the
administration and operation of the unified court system.

Section Fourteen requires the administrative judge of Suffolk County to
prepare an annual report detailing the progress, development and oper-
ations of the traffic violations agency would be required under the
provisions of this legislation.

Section Fifteen is the effective date.

JUSTIFICATION:
Current law allows the legislative body of a city, village or town, by
local law, to authorize the court having jurisdiction of traffic cases
to establish a traffic violations bureau to assist in the disposition of
infractions in relation to traffic violations.

At the request of the Nassau County Legislature, such a bureau was
established for the county of Nassau by an act of the legislature in
2002. Prior to the establishment of a traffic violations bureau under
state law, Nassau County was permitted to establish such a bureau by
local law. An agency of this type serves to assist the district court in
the administration and disposition of traffic and parking infractions
and helps to lessen the backlog of unanswered and unpaid traffic and
parking summonses.

The needs of Suffolk County in this regard have risen to the level where
the establishment of a traffic violations bureau has become necessary
for this county to ease the burden on the district court in disposing of
the tremendous amount of cases that traffic and parking infractions
generate. Suffolk County has specifically requested legislative action
in this regard. This legislation would establish for Suffolk County a
traffic violations bureau. This would lead to a speedy and equitable
disposition of charges and provide assurance to residents that traffic
and parking laws will be enforced and that appropriate the penalties
will be imposed on those persons who have been found guilty of violating
them, thus helping to preserve the quality of life in Suffolk County.

LEGISLATIVE HISTORY:
2009: S.5862/A.8471 - Remained in Senate Transportation Committee/
Assembly Codes Committee
2007: S.4174A/A.9593A - Died in Senate Rules Committee/Assembly
Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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
two1 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 Suffolk shall notify the
legislative bill drafting commission 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 legislative 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 be deemed to expire therewith and
provided that the amendments to subdivision 2 of section 99-1 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, a
s amended, when upon such date the provisions of section eleven of
this act shall take effect.

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

                                 5634--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.  THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT KNOWN
AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
  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
article,  has  the responsibility of prosecuting any traffic and parking
infractions returnable before the Nassau county district  court  OR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-02-2

S. 5634--A                          2

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
agency shall be deemed complete satisfaction for the violation or of the
liability,  and the violator or owner liable for a violation of subdivi-

S. 5634--A                          3

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,  IF THE TRAFFIC VIOLATION
OCCURRED IN SUFFOLK 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 in any part of the

S. 5634--A                          4

Nassau county district court OR THE SUFFOLK COUNTY  DISTRICT  COURT,  IF
THE  TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter relating
to traffic or parking violations and are further prohibited from appear-
ing  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 6. The section heading, subdivision 1 and subdivision 4  of  section
1690 of the vehicle and traffic law, the section heading and subdivision

S. 5634--A                          5

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
county]  in  accordance  with  the provisions of section sixteen hundred
ninety of the vehicle and traffic law.

S. 5634--A                          6

  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  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:

S. 5634--A                          7

  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.  The vehicle and traffic law is amended by adding a new section
1809-f to read as follows:
  S 1809-F. ADDITIONAL SURCHARGE FOR  CERTAIN  VIOLATIONS  COMMITTED  IN
SUFFOLK  COUNTY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER
PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR  COURT  OF  SUFFOLK  COUNTY
RESULTS  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  AND  SECTION  ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER OR OTHER
THAN AN INFRACTION PURSUANT TO ARTICLE NINE OF  THIS  CHAPTER  OR  OTHER
THAN  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  SHOULD BE LEVIED A MANDATORY
SURCHARGE IN ADDITION TO ANY OTHER SENTENCE, FINE OR  PENALTY  OTHERWISE
PERMITTED OR REQUIRED IN THE AMOUNT OF FIFTY DOLLARS.
  2.  THE  MANDATORY  SURCHARGE  PROVIDED FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
NAL THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN  DAYS
OF  THE  MONTH  NEXT  SUCCEEDING  THE  COLLECTION  OF THE SURCHARGE, THE
COLLECTING AUTHORITY SHALL PAY SUCH MONEY TO THE CHIEF FISCAL OFFICER OF
SUFFOLK COUNTY.
  S 13. 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  14.  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  15.  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

S. 5634--A                          8

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.

S5634B - Bill Details

Law Section:
General Municipal Law
Laws Affected:
Amd §§370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, §§1690 & 225, add §1809-f, V & T L; amd §350.20, CP L; amd §99-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A8471, S5862

S5634B - Bill Texts

view summary

Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

view sponsor memo
BILL NUMBER:S5634B

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows for the establishment of a traffic and parking
violation agency in the County of Suffolk and for the appointment of
traffic prosecutors.

SUMMARY OF PROVISIONS:
Section One amends section 370 of the general municipal law by adding
a new subdivision which establishes a Suffolk County traffic and
parking violations agency, operating under the direction and control
of the county executive.

Section Two amends 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 to add Suffolk county into the
definitions section of the section of law pertaining to traffic
violations bureaus wherever Nassau County is named.

Section Three amends section 371 of the general municipal law,
subdivisions 2 as amended by chapter 19 and the laws of 2009,
subdivision.3 as amended by chapter 496 of the laws of 1990 and
subdivision 4 as amended by chapter 456 of the laws of 1998 to
authorize the traffic and parking violations agency in Suffolk county
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
certain violations, permits an individual charged with an infraction
to answer at the Suffolk county traffic and parking violations agency
established under this law.

Section Four amends section 374 of the general municipal law to
provide that the traffic prosecutor for the Suffolk county traffic
and parking violations agency shall be appointed by the county
executive and provides for the hiring of attorneys to serve as
"traffic prosecutors."

Section Five through Eleven are cross-references.

Section Twelve amends the vehicle and traffic law by adding a new
section 1809-f which provides for an additional surcharge for certain
violations in Suffolk County which shall be paid to the chief fiscal
officer of Suffolk County by the clerk of the court or administrative
tribunal that determined the liability.

Section Thirteen provides that no non-judicial 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 the
legal authority of the chief administrator of the courts to supervise
the administration and operation of the unified court system.

Section Fourteen requires the administrative judge of Suffolk County
to prepare an annual report detailing the progress, development and
operations of the traffic violations agency would be required under
the provisions of this legislation.

Section Fifteen is the effective date.

JUSTIFICATION:
Current law allows the legislative body of a city, village or town, by
local law, to authorize the court having jurisdiction of traffic
cases to establish a traffic violations bureau to assist in the
disposition of infractions in relation to traffic violations.

At the request of the Nassau County Legislature, such a bureau was
established for the county of Nassau by an act of the legislature in
2002. Prior to the establishment of a traffic violations bureau under
state law, Nassau County was permitted to establish such a bureau by
local law. An agency of this type serves to assist the district court
in the administration and disposition of traffic and parking
infractions and helps to lessen the backlog of unanswered and unpaid
traffic and parking summonses.

The needs of Suffolk County in this regard have risen to the level
where the establishment of a traffic violations bureau has become
necessary for this county to ease the burden on the district court in
disposing of the tremendous amount of cases that traffic and parking
infractions generate. Suffolk County has specifically requested
legislative action in this regard. This legislation would establish
for Suffolk County a traffic violations bureau. This would lead to a
speedy and equitable disposition of charges and provide assurance to
residents that traffic and parking laws will be enforced and that
appropriate the penalties will be imposed on those persons who have
been found guilty of violating them, thus helping to preserve the
quality of life in Suffolk County.

LEGISLATIVE HISTORY:
2009: S.5862/A.8471 -- Remained in Senate Transportation Committee/
Assembly Codes Committee

2007: S,4174A/A,9593A -- Died in Senate Rules Committee/Assembly
Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:

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 subpivisions 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 legislature of the county of Suffolk shall notify
the legislative bill drafting commission 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 legislative 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 be deemed to expire therewith and
provided that the amendments to subdivision 2 of section 99-1 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.

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

                                 5634--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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. THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT  KNOWN
AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
  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.
                                                           LBD11932-03-2

S. 5634--B                          2

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--B                          3

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,  IF THE TRAFFIC VIOLATION
OCCURRED IN SUFFOLK COUNTY.  The executive director  shall  give  active
consideration  to  requiring  that  such  traffic prosecutors serve on a

S. 5634--B                          4

full-time basis. Traffic prosecutors are prohibited  from  appearing  in
any  capacity  other  than  as  a  traffic prosecutor in any part of the
Nassau county district court OR THE SUFFOLK COUNTY  DISTRICT  COURT,  IF
THE  TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter relating
to traffic or parking violations and are further prohibited from appear-
ing 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--B                          5

  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--B                          6

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--B                          7

  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.  The vehicle and traffic law is amended by adding a new section
1809-f to read as follows:
  S 1809-F. ADDITIONAL SURCHARGE FOR  CERTAIN  VIOLATIONS  COMMITTED  IN
SUFFOLK  COUNTY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER
PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR  COURT  OF  SUFFOLK  COUNTY
RESULTS  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  AND  SECTION  ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER OR OTHER
THAN AN INFRACTION PURSUANT TO ARTICLE NINE OF  THIS  CHAPTER  OR  OTHER
THAN  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  SHOULD BE LEVIED A MANDATORY
SURCHARGE IN ADDITION TO ANY OTHER SENTENCE, FINE OR  PENALTY  OTHERWISE
PERMITTED OR REQUIRED IN THE AMOUNT OF FIFTY DOLLARS.
  2.  THE  MANDATORY  SURCHARGE  PROVIDED FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
NAL THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN  DAYS
OF  THE  MONTH  NEXT  SUCCEEDING  THE  COLLECTION  OF THE SURCHARGE, THE
COLLECTING AUTHORITY SHALL PAY SUCH MONEY TO THE CHIEF FISCAL OFFICER OF
SUFFOLK COUNTY.
  S 13. 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  14.  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  legislature
of  the  county  of  Suffolk,  the presiding judge of the Suffolk county
district court and the Suffolk county district attorney.
  S 15. 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

S. 5634--B                          8

that the county of Suffolk shall have by local law established a traffic
and  parking  violations  agency;  provided  that the legislature of the
county of Suffolk shall notify the legislative bill drafting  commission
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 legislative 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.

S5634C - Bill Details

Law Section:
General Municipal Law
Laws Affected:
Amd §§370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, §§1690 & 225, add §1809-f, V & T L; amd §350.20, CP L; amd §99-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A8471, S5862

S5634C - Bill Texts

view summary

Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

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BILL NUMBER:S5634C

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows for the establishment of a traffic and parking
violation agency in the County of Suffolk and for the appointment of
traffic prosecutors.

SUMMARY OF PROVISIONS:
Section One amends section 370 of the general municipal law by adding
a new subdivision which establishes a Suffolk County traffic and
parking violations agency, operating under the direction and control
of the county executive.

Section Two amends 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 to add Suffolk county into the
definitions section of the section of law pertaining to traffic
violations bureaus wherever Nassau County is named.

Section Three amends section 371 of the general municipal law,
subdivisions 2 as amended by chapter 19 and the laws of 2009,
subdivision 3 as amended by chapter 496 of the laws of 1990 and
subdivision 4 as amended by chapter 456 of the laws of 1998 to
authorize the traffic and parking violations agency in Suffolk county
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
certain violations, permits an individual charged with an infraction
to answer at the Suffolk county traffic and parking violations agency
established under this law.

Section Four amends section 374 of the general municipal law to
provide that the traffic prosecutor for the Suffolk county traffic
and parking violations agency shall be appointed by the county
executive and provides for the hiring of attorneys to serve as
"traffic prosecutors."

Section Five through Eleven are cross-references

Section Twelve provides that no non-judicial 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 the
legal authority of the chief administrator of the courts to supervise
the administration and operation of the unified court system.

Section Thirteen requires the administrative judge of Suffolk County
to prepare an annual report detailing the progress, development and
operations of the traffic violations agency would be required under
the provisions of this legislation.

Section Fourteen is the effective date.

JUSTIFICATION:
Current law allows the legislative body of a city, village or town, by
local law, to authorize the court having jurisdiction of traffic
cases to establish a traffic violations bureau to assist in the
disposition of infractions in relation to traffic violations.

At the request of the Nassau County Legislature, such a bureau was
established for the county of Nassau by an act of the legislature in
2002. Prior to the establishment of a traffic violations bureau under
state law, Nassau County was permitted to establish such a bureau by
local law. An agency of this type serves to assist the district court
in the administration and disposition of traffic and parking
infractions and helps to lessen the backlog of unanswered and unpaid
traffic and parking summonses.

The needs of Suffolk County in this regard have risen to the level
where the establishment of a traffic violations bureau has become
necessary for this county to ease the burden on the district court in
disposing of the tremendous amount of cases that traffic and parking
infractions generate. Suffolk County has specifically requested
legislative action in this regard. This legislation would establish
for Suffolk County a traffic violations bureau. This would lead to a
speedy and equitable disposition of charges and provide assurance to
residents that traffic and parking laws will be enforced and that
appropriate the penalties will be imposed on those persons who have
been found guilty of violating them, thus helping to preserve the
quality of life in Suffolk County.

LEGISLATIVE HISTORY:
2009: S.5862/A.8471 Remained in Senate Transportation Committee/
Assembly Codes Committee
2007: S.4174A/A.9593A -- Died in Senate Rules Committee/Assembly
Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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 legislature of the county of Suffolk shall notify the
legislative bill drafting commission 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 legislative 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 be deemed to expire therewith and
provided that the amendments to subdivision 2 of section 99-1 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.

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

                                 5634--C
    Cal. No. 358

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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. THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT  KNOWN
AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-05-2

S. 5634--C                          2

  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
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

S. 5634--C                          3

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
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

S. 5634--C                          4

OR THE DISTRICT COURT  OF  SUFFOLK  COUNTY,  IF  THE  TRAFFIC  VIOLATION
OCCURRED  IN  SUFFOLK 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  in  any  part  of  the
Nassau  county  district  court OR THE SUFFOLK COUNTY DISTRICT COURT, IF
THE TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter  relating
to traffic or parking violations and are further prohibited from appear-
ing  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:

S. 5634--C                          5

                    AUTHORITY OF THE NASSAU AND SUFFOLK
                          COUNTY DISTRICT COURT
                   JUDICIAL HEARING [OFFICER] OFFICERS

  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

S. 5634--C                          6

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
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

S. 5634--C                          7

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  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  legislature
of  the  county  of  Suffolk,  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 legislature of the
county of Suffolk shall notify the legislative bill drafting  commission
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 legislative 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.

S5634D - Bill Details

Law Section:
General Municipal Law
Laws Affected:
Amd §§370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, §§1690 & 225, add §1809-f, V & T L; amd §350.20, CP L; amd §99-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A8471, S5862

S5634D - Bill Texts

view summary

Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

view sponsor memo
BILL NUMBER:S5634D

TITLE OF BILL:
An act
to amend the general municipal law, the vehicle and traffic law,
the criminal procedure law and the state finance law,
in relation to establishing a traffic and parking
violations agency in the county of Suffolk

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows for the establishment of a traffic and parking
violation agency in the County of Suffolk and for the appointment of
traffic prosecutors.

SUMMARY OF PROVISIONS:
Section One amends section 370 of the general municipal law by adding
a new subdivision which establishes a Suffolk County traffic and
parking violations agency, operating under the direction and control
of the county executive.

Section Two amends 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 to add Suffolk county into the
definitions section of the section of law pertaining to traffic
violations bureaus wherever Nassau County is named.

Section Three amends section 371 of the general municipal law,
subdivisions 2 as amended by chapter 19 and the laws of 2009,
subdivision 3 as amended by chapter 496 of the laws of 1990 and
subdivision 4 as amended by chapter 456 of the laws of 1998 to
authorize the traffic and parking violations agency in Suffolk county
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
certain violations, permits an individual charged with an infraction
to answer at the Suffolk county traffic and parking violations agency
established under this law.

Section Four amends section 374 of the general municipal law to
provide that the traffic prosecutor for the Suffolk county traffic
and parking violations agency shall be appointed by the county
executive and provides for the hiring of attorneys to serve as
"traffic prosecutors."

Section Five through Eleven are cross-references

Section Twelve provides that no non-judicial 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 the
legal authority of the chief administrator of the courts to supervise
the administration and operation of the unified court system.

Section Thirteen requires the administrative judge of Suffolk County
to prepare an annual report detailing the progress, development and
operations of the traffic violations agency would be required under
the provisions of this legislation.

Section Fourteen is the effective date.

JUSTIFICATION:
Current law allows the legislative body of a city, village or town, by
local law, to authorize the court having jurisdiction of traffic
cases to establish a traffic violations bureau to assist in the
disposition of infractions in relation to traffic violations.

At the request of the Nassau County Legislature, such a bureau was
established for the county of Nassau by an act of the legislature in
2002. Prior to the establishment of a traffic violations bureau under
state law, Nassau County was permitted to establish such a bureau by
local law. An agency of this type serves to assist the district court
in the administration and disposition of traffic and parking
infractions and helps to lessen the backlog of unanswered and unpaid
traffic and parking summonses.

The needs of Suffolk County in this regard have risen to the level
where the establishment of a traffic violations bureau has become
necessary for this county to ease the burden on the district court in
disposing of the tremendous amount of cases that traffic and parking
infractions generate. Suffolk County has specifically requested
legislative action in this regard. This legislation would establish
for Suffolk County a traffic violations bureau. This would lead to a
speedy and equitable disposition of charges and provide assurance to
residents that traffic and parking laws will be enforced and that
appropriate the penalties will be imposed on those persons who have
been found guilty of violating them, thus helping to preserve the
quality of life in Suffolk County.

LEGISLATIVE HISTORY:
2009: S.5862/A.8471 Remained in Senate Transportation Committee/
Assembly Codes Committee
2007: S.4174A/A.9593A -- Died in Senate Rules Committee/Assembly
Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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 legislature of the county of Suffolk shall notify the
legislative bill drafting commission 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 legislative 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 be deemed to expire therewith and
provided that the amendments to subdivision 2 of section 99-1 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.

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

                                 5634--D
    Cal. No. 358

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT to amend the general municipal law, the vehicle and traffic law,
  the criminal procedure law and the state finance 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. THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT  KNOWN
AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-09-2

S. 5634--D                          2

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
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 section 21 of part G of chapter  58  of
the laws of 2012, subdivision 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 c 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]  C  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.
  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-

S. 5634--D                          3

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
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

S. 5634--D                          4

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,  IF THE TRAFFIC VIOLATION
OCCURRED  IN  SUFFOLK 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  in  any  part  of  the
Nassau  county  district  court OR THE SUFFOLK COUNTY DISTRICT COURT, IF
THE TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter  relating
to traffic or parking violations and are further prohibited from appear-
ing  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. 5634--D                          5

  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  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, subdivision 1 as  amended
by  chapter 420 of the laws of 2001, and the opening paragraph of subdi-
vision 1 as amended by section 20 of part G of chapter 58 of the laws of
2012, 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 c 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:

S. 5634--D                          6

  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
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. 5634--D                          7

  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  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  legislature
of  the  county  of  Suffolk,  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 section 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  legislature  of  the
county  of Suffolk shall notify the legislative bill drafting commission
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 legislative 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.

S5634E - Bill Details

Law Section:
General Municipal Law
Laws Affected:
Amd §§370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, §§1690 & 225, add §1809-f, V & T L; amd §350.20, CP L; amd §99-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A8471, S5862

S5634E - Bill Texts

view summary

Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

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BILL NUMBER:S5634E

TITLE OF BILL:
An act
to amend the general municipal law, the vehicle and traffic law,
the criminal procedure law and the state finance law,
in relation to establishing a traffic and parking
violations agency in the county of Suffolk

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows for the establishment of a traffic and parking
violation agency in the County of Suffolk and for the appointment of
traffic prosecutors.

SUMMARY OF PROVISIONS:
Section One amends section 370 of the general municipal law by adding
a new subdivision which establishes a Suffolk County traffic and
parking violations agency, operating under the direction and control
of the county executive.

Section Two amends 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 to add Suffolk county into the
definitions section of the section of law pertaining to traffic
violations bureaus wherever Nassau County is named.

Section Three amends section 371 of the general municipal law,
subdivisions 2 as amended by chapter 19 and the laws of 2009,
subdivision 3 as amended by chapter 496 of the laws of 1990 and
subdivision 4 as amended by chapter 456 of the laws of 1998 to
authorize the traffic and parking violations agency in Suffolk county
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
certain violations, permits an individual charged with an infraction
to answer at the Suffolk county traffic and parking violations agency
established under this law.

Section Four amends section 374 of the general municipal law to
provide that the traffic prosecutor for the Suffolk county traffic
and parking violations agency shall be appointed by the county
executive and provides for the hiring of attorneys to serve as
"traffic prosecutors."

Section Five through Eleven are cross-references.

Section Twelve provides that no non-judicial 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 the
legal authority of the chief administrator of the courts to supervise
the administration and operation of the unified court system.

Section Thirteen requires the administrative judge of Suffolk County
to prepare an annual report detailing the progress, development and
operations of the traffic violations agency would be required under
the provisions of this legislation.

Section Fourteen is the effective date.

JUSTIFICATION:
Current law allows the legislative body of a city, village or town, by
local law, to authorize the court having jurisdiction of traffic
cases to establish a traffic violations bureau to assist in the
disposition of infractions in relation to traffic violations.

At the request of the Nassau County Legislature, such a bureau was
established for the county of Nassau by an act of the legislature in
2002. Prior to the establishment of a traffic violations bureau under
state law, Nassau County was permitted to establish such a bureau by
local law. An agency of this type serves to assist the district court
in the administration and disposition of traffic and parking
infractions and helps to lessen the backlog of unanswered and unpaid
traffic and parking summonses.

The needs of Suffolk County in this regard have risen to the level
where the establishment of a traffic violations bureau has become
necessary for this county to ease the burden on the district court in
disposing of the tremendous amount of cases that traffic and parking
infractions generate. Suffolk County has specifically requested
legislative action in this regard. This legislation would establish
for Suffolk County a traffic violations bureau. This would lead to a
speedy and equitable disposition of charges and provide assurance to
residents that traffic and parking laws will be enforced and that
appropriate the penalties will be imposed on those persons who have
been found guilty of violating them, thus helping to preserve the
quality of life in Suffolk County.

LEGISLATIVE HISTORY:
2009: S.5862/A.8471 Remained in Senate Transportation Committee/
Assembly Codes Committee
2007: S.4174A/A.9593A - Died in Senate Rules Committee/Assembly
Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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 legislature of the county of Suffolk shall notify the
legislative bill drafting commission 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 legislative 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 be deemed to expire therewith and
provided that the amendments to subdivision 2 of section 99-1 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.

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

                                 5634--E
    Cal. No. 358

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in the order of third reading

AN  ACT to amend the general municipal law, the vehicle and traffic law,
  the criminal procedure law and the state finance 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. THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT  KNOWN
AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-11-2

S. 5634--E                          2

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
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 section 21 of part G of chapter  58  of
the laws of 2012, subdivision 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 c 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]  C  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.
  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-

S. 5634--E                          3

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
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

S. 5634--E                          4

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,  IF THE TRAFFIC VIOLATION
OCCURRED  IN  SUFFOLK 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  in  any  part  of  the
Nassau  county  district  court OR THE SUFFOLK COUNTY DISTRICT COURT, IF
THE TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter  relating
to traffic or parking violations and are further prohibited from appear-
ing  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. 5634--E                          5

  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  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, subdivision 1 as  amended
by  chapter 420 of the laws of 2001, and the opening paragraph of subdi-
vision 1 as amended by section 20 of part G of chapter 58 of the laws of
2012, 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 c 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:

S. 5634--E                          6

  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
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. 5634--E                          7

  S  10.  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  11. 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 12. 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 legislature
of the county of Suffolk, the presiding  judge  of  the  Suffolk  county
district court and the Suffolk county district attorney.
  S  13.  This act shall take effect immediately; provided, however, the
amendments to section 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 legislature of the
county of Suffolk shall notify the legislative bill drafting  commission
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 legislative 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 take effect on the same date as the rever-
sion of subdivision 2 of section 99-l of the general  municipal  law  as
provided in section 6 of chapter 382 of the laws of 2011, as amended.

S5634F (ACTIVE) - Bill Details

Law Section:
General Municipal Law
Laws Affected:
Amd §§370, 370-a, 371, 374 & 99-l, Gen Muni L; amd Art 44-A Head, §§1690 & 225, add §1809-f, V & T L; amd §350.20, CP L; amd §99-a, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A8471, S5862

S5634F (ACTIVE) - Bill Texts

view summary

Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

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BILL NUMBER:S5634F

TITLE OF BILL:
An act
to amend the general municipal law, the vehicle and traffic law,
the criminal procedure law and the state finance law,
in relation to establishing a traffic and parking
violations agency in the county of Suffolk

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows for the establishment of a traffic and parking
violation agency in the County of Suffolk and for the appointment of
traffic prosecutors.

SUMMARY OF PROVISIONS:
Section One amends section 370 of the general municipal law by adding
a new subdivision which establishes a Suffolk County traffic and
parking violations agency, operating under the direction and control
of the county executive.

Section Two amends 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 to add Suffolk county into the
definitions section of the section of law pertaining to traffic
violations bureaus wherever Nassau County is named.

Section Three amends section 371 of the general municipal law,
subdivisions 2 as amended by chapter 19 and the laws of 2009,
subdivision 3 as amended by chapter 496 of the laws of 1990 and
subdivision 4 as amended by chapter 456 of the laws of 1998 to
authorize the traffic and parking violations agency in Suffolk county
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
certain violations, permits an individual charged with an infraction
to answer at the Suffolk county traffic and parking violations agency
established under this law.

Section Four amends section 374 of the general municipal law to
provide that the traffic prosecutor for the Suffolk county traffic
and parking violations agency shall be appointed by the county
executive and provides for the hiring of attorneys to serve as
"traffic prosecutors."

Section Five through Eleven are cross-references.

Section Twelve provides that no non-judicial 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 the
legal
authority of the chief administrator of the courts to supervise the
administration and operation of the unified court system.

Section Thirteen requires the administrative judge of Suffolk County
to prepare an annual report detailing the progress, development and


operations of the traffic violations agency would be required under
the provisions of this legislation.

Section Fourteen is the effective date.

JUSTIFICATION:
Current law allows the legislative body of a city, village or town, by
local law, to authorize the court having jurisdiction of traffic
cases to establish a traffic violations bureau to assist in the
disposition of infractions in relation to traffic violations.

At the request of the Nassau County Legislature. such a bureau was
established for the county of Nassau by an act of the legislature in
2002. Prior to the establishment of a traffic violations bureau under
state law, Nassau County was permitted to establish such a bureau by
local law. An agency of this type serves to assist the district court
in the administration and disposition of traffic and parking
infractions and helps to lessen the backlog of unanswered and unpaid
traffic and parking summonses.

The needs of Suffolk county in this regard have risen to the level
where the establishment of a traffic violations bureau has become
necessary for this county to ease the burden on the district court in
disposing of the tremendous amount of cases that traffic and parking
infractions generate. Suffolk County has specifically requested
legislative action in this regard. This legislation would establish
for Suffolk County a traffic violations bureau. This would lead to a
speedy and equitable disposition of charges and provide assurance to
residents that traffic and parking laws will be enforced and that
appropriate the penalties will be imposed on those persons who have
been found guilty of violating them, thus helping to preserve the
quality of life in Suffolk County.

LEGISLATIVE HISTORY:
2009: S.5862/A.8471 Remained in Senate Transportation Committee/
Assembly Codes Committee
2007: S.4174A/A.9593A - Died in Senate Rules Committee/Assembly
Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect April 1, 2013; 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 legislature of the county of Suffolk shall notify
the legislative bill drafting commission 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 legislative 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 be deemed to expire therewith and
provided that the amendments to subdivision 2 of section 99-1 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.

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

                                 5634--F
    Cal. No. 358

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- again amended and ordered reprinted, retain-
  ing  its  place  in the order of third reading -- passed by Senate and
  delivered to the Assembly, recalled, vote  reconsidered,  restored  to
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the general municipal law, the vehicle and traffic  law,
  the  criminal  procedure law and the state finance 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.  THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT KNOWN
AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11932-16-2

S. 5634--F                          2

  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
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 section 21 of part G of chapter 58 of
the laws of 2012, subdivision 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 c 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] C 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.
  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

S. 5634--F                          3

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
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

S. 5634--F                          4

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,  IF  THE  TRAFFIC  VIOLATION
OCCURRED  IN  SUFFOLK 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  in  any  part  of  the
Nassau  county  district  court OR THE SUFFOLK COUNTY DISTRICT COURT, IF
THE TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter  relating
to traffic or parking violations and are further prohibited from appear-
ing  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

S. 5634--F                          5

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  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, subdivision 1 as  amended
by  chapter 420 of the laws of 2001, and the opening paragraph of subdi-
vision 1 as amended by section 20 of part G of chapter 58 of the laws of
2012, 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 c 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. 5634--F                          6

  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
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

S. 5634--F                          7

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
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 11. 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  12.  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  legislature
of  the  county  of  Suffolk,  the presiding judge of the Suffolk county
district court and the Suffolk county district attorney.
  S 13. This act shall take effect April 1, 2013; provided, however, the
amendments to section 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 legislature of the
county of Suffolk shall notify the legislative bill drafting  commission
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 legislative 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 take effect on the same date as the rever-
sion of subdivision 2 of section 99-l of the general  municipal  law  as
provided in section 6 of chapter 179 of the laws of 2000, as amended.

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