S T A T E   O F   N E W   Y O R K
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                                  7107

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2011
                               ___________

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

AN  ACT  to amend the vehicle and traffic law, in relation to the demon-
  stration program authorized within Nassau county and  the  disposition
  of  fines in the county of Nassau; and to amend the state finance law,
  in relation to establishing the Nassau county youth services fund

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

  Section  1.  Paragraph  1  of subdivision (a) of section 1111-b of the
vehicle and traffic law, as added by chapter 19 of the laws of 2009,  is
amended to read as follows:
  1. Notwithstanding any other provision of law, the county of Nassau is
hereby  authorized and empowered to adopt and amend a local law or ordi-
nance establishing a demonstration program imposing  monetary  liability
on  the  owner of a vehicle for failure of an operator thereof to comply
with traffic-control indications in such county in accordance  with  the
provisions  of  this  section.  Such demonstration program shall empower
such county to install and operate traffic-control signal  photo  viola-
tion-monitoring  devices  at  no  more  than  [fifty] ONE HUNDRED inter-
sections within and under the jurisdiction of such  county  at  any  one
time.
  S  2.  A memorandum of understanding between the chair of the assembly
transportation committee and the  Nassau  county  legislature  shall  be
entered  into  in  order  to determine the intersections affected by the
provisions of section one of this act.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
1809-f to read as follows:
  S  1809-F.  DISPOSITION  OF  CERTAIN  FINES  IN  THE COUNTY OF NASSAU.
NOTWITHSTANDING SECTION EIGHTEEN HUNDRED THREE OF THIS  ARTICLE  OR  ANY
OTHER  PROVISION  OF LAW, WHENEVER PROCEEDINGS IN A COURT OR AN ADMINIS-
TRATIVE TRIBUNAL IN THE COUNTY OF NASSAU RESULT IN A CONVICTION  FOR  AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10845-01-1
              

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OFFENSE  PURSUANT  TO SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IN
THE COUNTY OF NASSAU, ALL FINES AND PENALTIES LEVIED AS A RESULT OF SUCH
CONVICTION SHALL BE PAID TO THE CLERK OF  THE  COURT  OR  ADMINISTRATIVE
TRIBUNAL  THAT RENDERED THE CONVICTION. WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION OF  SUCH  MONEYS,  THE  COLLECTING  AUTHORITY
SHALL  PAY  TWENTY-FIVE  PERCENT  OF  SUCH AMOUNT COLLECTED TO THE STATE
COMPTROLLER TO BE DEPOSITED TO THE NASSAU  COUNTY  YOUTH  SERVICES  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
  S  4. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. NASSAU COUNTY YOUTH SERVICES FUND. 1. THERE IS  HEREBY  ESTAB-
LISHED  IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE COUNTY EXECUTIVE OF THE COUNTY OF NASSAU A SPECIAL  FUND  TO  BE
KNOWN AS THE "NASSAU COUNTY YOUTH SERVICES FUND".
  2.  ALL  MONEYS RECEIVED BY THE NASSAU COUNTY YOUTH SERVICES FUND FROM
VIOLATIONS OF SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC
LAW SHALL BE DEPOSITED TO THE EXCLUSIVE CREDIT OF SUCH FUND. SAID MONEYS
SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS
IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE.
  3. (A) THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY  THE  FUND  AND
SHALL  BE RELEASED BY THE COMMISSIONER OF TAXATION AND FINANCE ONLY UPON
CERTIFICATES SIGNED BY THE COUNTY EXECUTIVE OF THE COUNTY OF NASSAU  AND
SHALL  BE  DISTRIBUTED TO NASSAU COUNTY YOUTH SERVICES CONTRACT AGENCIES
(YSCA) IN ACCORDANCE WITH THE RELATIVE NEEDS OF THE COMMUNITIES SERVICED
BY SAID AGENCIES AS ESTABLISHED BY THE FEDERAL STATISTICS USED TO DETER-
MINE ENTITLEMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
  (B) IN THE EVENT THAT THERE SHALL BE ANY  UNALLOCATED  FUND  OR  FUNDS
THAT  HAVE  NOT  BEEN  DRAWN AGAINST BY ANY CONTRACT AGENCY REMAINING IN
THIS FUND AT THE END OF THE FISCAL YEAR OF THE COUNTY, SUCH FUNDS  SHALL
BE  PLACED IN A RESTRICTED RESERVE FUND ACCOUNT FOR YOUTH SERVICES TO BE
INVESTED BY THE NASSAU COUNTY TREASURER AND  HELD  UNTIL  SUCH  TIME  AS
THERE  SHALL  BE  INSUFFICIENT  FUNDS  GENERATED BY THE RED LIGHT CAMERA
PROGRAM TO MEET THE FUTURE NEEDS OR MINIMUM ALLOCATION.
  S 5. (a) A Nassau county red  light  camera  state  legislative  audit
review  committee  (committee) is hereby established, comprised of seven
members, two representatives appointed by the speaker of  the  assembly,
one  of  whom  shall be a member of a New York state minority and women-
owned business enterprise  participation  program,  two  representatives
appointed by the temporary president of the senate, one appointed by the
state  comptroller,  as  well  as a representative of the Nassau Interim
Finance Authority and the Nassau County Division of the American Automo-
bile Association (AAA), both of whom shall be non-voting members.
  (b) The placement and operation of such red light cameras pursuant  to
section  two of this act shall be subject to the submission and approval
of an annual forensic audit by Nassau county on or before January 31  of
each  year,  commencing  in  the second year after the effective date of
this act, which shall include detailed traffic safety statistics. In the
event such audit report is not timely submitted by Nassau county  and/or
approved  by  majority  vote  of  the voting members of the committee by
March 31 of the reporting year,  the  Nassau  county  red  light  camera
program  shall  be deemed suspended as of the first of April of the year
the report is due.
  (c) The audit report shall set forth a  comparative  analysis  of  the
safety  record at the pertinent red light camera location for the previ-
ous five-year period (inclusive of the statistics for the  year  covered
by  the  report), the total gross revenue derived from all Nassau county

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red light cameras, the total gross revenue derived from each of such red
light cameras, and the total gross annual revenue allocated to the dedi-
cated Nassau county youth services  fund  and  the  respective  contract
agency allocations in accordance with the mandate of section 99-u of the
state finance law.
  (d)  The committee shall, on an annual basis, commencing in the second
year after the effective date of this act, receive and review such  data
and  other  pertinent  information  as  may be necessary from the Nassau
county division of the AAA to augment its ability to evaluate and deter-
mine the need for maintaining the Nassau county red light camera program
or any individual red light camera location thereof.
  (e) The planning,  installation  and  maintenance  of  the  red  light
cameras  shall  comply  in  all  respects with the goals of the New York
state  minority  and  women-owned  business   enterprise   participation
program.  Details of compliance with such goals shall be included in the
annual audit report and shall be one of the criteria considered  by  the
committee  in  determining whether to continue or discontinue the Nassau
county red light camera program.
  S 6. This act shall take effect immediately; provided,  however,  that
the  amendments to section 1111-b of the vehicle and traffic law made by
section one of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.