S T A T E O F N E W Y O R K
________________________________________________________________________
1897
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
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 disposi-
tion 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. 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 paragraph 1 of subdivision (a) of section 1111-b of
the vehicle and traffic law.
S 2. 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
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 3. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05695-01-3
A. 1897 2
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 4. (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 one 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
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.
A. 1897 3
(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 5. This act shall take effect immediately.