S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6456--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2017
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law, the general municipal  law,
   the  state finance law, and the criminal procedure law, in relation to
   the adjudication of traffic infractions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 155 of the vehicle and traffic law, as amended by
 section 1 of part CC of chapter 58 of the laws of 2015,  is  amended  to
 read as follows:
   §  155.  Traffic  infraction.  The  violation of any provision of this
 chapter, except articles forty-seven and forty-eight,  or  of  any  law,
 ordinance,  order,  rule  or  regulation regulating traffic which is not
 declared by this chapter or other law of this state to be a  misdemeanor
 or  a  felony.  A  traffic  infraction is not a crime and the punishment
 imposed therefor shall not be deemed for any purpose a penal or criminal
 punishment and shall not affect or impair the credibility as  a  witness
 or  otherwise  of any person convicted thereof. This definition shall be
 retroactive and shall  apply  to  all  acts  and  violations  heretofore
 committed  where such acts and violations would, if committed subsequent
 to the taking effect of this section, be included within the meaning  of
 the  term  "traffic  infraction"  as  herein  defined.  Except  in those
 portions of Suffolk county for which a district court  has  been  estab-
 lished,  [outside of cities having a population in excess of two hundred
 thousand but less than two hundred twenty thousand in which  administra-
 tive  tribunals  have heretofore been established and] outside of cities
 having a population in excess of one  million  in  which  administrative
 tribunals have heretofore been established, courts and judicial officers
 heretofore having jurisdiction over such violations shall continue to do
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02052-05-7

 S. 6456--A                          2
 
 so and for such purpose such violations shall be deemed misdemeanors and
 all  provisions  of  law  relating to misdemeanors except as provided in
 section eighteen hundred five of  this  chapter  and  except  as  herein
 otherwise expressly provided shall apply except that no jury trial shall
 be  allowed for traffic infractions. In those portions of Suffolk county
 for which a district court has been established[, and in cities having a
 population in excess of two hundred thousand but less than  two  hundred
 twenty  thousand  in which administrative tribunals have heretofore been
 established] and in cities having a population in excess of one  million
 in  which administrative tribunals have heretofore been established, the
 criminal courts of such cities or portions of Suffolk county in which  a
 district  court has been established shall have jurisdiction to hear and
 determine any complaint alleging  a  violation  constituting  a  traffic
 infraction,  except that administrative tribunals heretofore established
 in such cities or portions of Suffolk county in which a  district  court
 has  been  established shall have jurisdiction to hear and determine any
 charge of an offense which is  a  traffic  infraction,  except  parking,
 standing  or  stopping.  In  cities having a population in excess of two
 hundred thousand in which administrative tribunals have heretofore  been
 established,  and  any  such  administrative tribunal established by the
 city of Yonkers, the city of Peekskill, or the city  of  Syracuse,  such
 tribunals shall have jurisdiction to hear and determine any charge of an
 offense  which  is  a  parking, standing or stopping violation. Any fine
 imposed by an administrative tribunal shall  be  a  civil  penalty.  For
 purposes  of  arrest  without a warrant, pursuant to article one hundred
 forty of the criminal procedure  law,  a  traffic  infraction  shall  be
 deemed an offense.
   §  2.  Subdivision 1 of section 225 of the vehicle and traffic law, as
 amended  by section 2 of part CC of chapter 58 of the laws of  2015,  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 but less than two  hundred  twenty  thousand  in  which
 administrative  tribunals have heretofore been established, or] within a
 city having a population of one million or more in which  administrative
 tribunals have heretofore, been established, and which are classified as
 traffic  infractions,  may be heard and determined pursuant to the regu-
 lations 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.
   § 3. Subdivision 5 of section 227 of the vehicle and traffic  law,  as
 amended  by  section  1 of part GG of chapter 55 of the laws of 2017, is
 amended to read as follows:
   5. All penalties and forfeited  security  collected  pursuant  to  the
 provisions  of this article shall be paid to the department of audit and
 control to the credit of the justice court fund and shall be subject  to
 the  applicable  provisions  of  section  eighteen hundred three of this
 chapter. After such audit as shall reasonably be required by  the  comp-
 troller,  such  penalties and forfeited security shall be paid quarterly

 S. 6456--A                          3
 
 or, in the discretion of the comptroller, monthly,  to  the  appropriate
 jurisdiction  in  which  the  violation  occurred in accordance with the
 provisions of section ninety-nine-a of the  state  finance  law,  except
 that the sum of four dollars for each violation occurring in such juris-
 diction  for  which  a  complaint has been filed with the administrative
 tribunal established pursuant to this article shall be retained  by  the
 state.  Notwithstanding any law to the contrary an additional annual sum
 of three million dollars collected from fines and assessed to  the  city
 of New York, shall be deposited into the general fund in accordance with
 the  provisions  of section ninety-nine-a of the state finance law. [The
 amount distributed during the  first  three  quarters  to  the  city  of
 Rochester  in  any given fiscal year shall not exceed seventy percent of
 the amount which will be otherwise payable.] Provided, however, that  if
 the  full  costs  of administering this article shall exceed the amounts
 received and retained by the state  for  any  period  specified  by  the
 commissioner,  then  such additional sums as shall be required to offset
 such costs shall be retained by the  state  out  of  the  penalties  and
 forfeited security collected pursuant to this article.
   §  4.  Subdivision 5 of section 227 of the vehicle and traffic law, as
 amended by section 3 of part CC of chapter 58 of the laws  of  2015,  is
 amended to read as follows:
   5.  All  penalties  and  forfeited  security collected pursuant to the
 provisions of this article shall be paid to the department of audit  and
 control  to the credit of the justice court fund and shall be subject to
 the applicable provisions of section  eighteen  hundred  three  of  this
 chapter.  After  such audit as shall reasonably be required by the comp-
 troller, such penalties and forfeited security shall be  paid  quarterly
 or,  in  the  discretion of the comptroller, monthly, to the appropriate
 jurisdiction in which the violation  occurred  in  accordance  with  the
 provisions  of  section  ninety-nine-a  of the state finance law, except
 that the sum of four dollars for each violation occurring in such juris-
 diction for which a complaint has been  filed  with  the  administrative
 tribunal  established  pursuant to this article shall be retained by the
 state. [The amount distributed during the first three  quarters  to  the
 city  of  Rochester  in  any  given fiscal year shall not exceed seventy
 percent of the amount which will be otherwise payable.] Provided, howev-
 er, that if the full costs of administering this  article  shall  exceed
 the  amounts received and retained by the state for any period specified
 by the commissioner, then such additional sums as shall be  required  to
 offset  such  costs  shall be retained by the state out of the penalties
 and forfeited security collected pursuant to this article.
   § 5. Section 370 of the general municipal law is amended by  adding  a
 new subdivision 5 to read as follows:
   5.  THERE  SHALL  BE  AN EXECUTIVE DEPARTMENT OR BUREAU OF THE CITY OF
 ROCHESTER KNOWN AS THE ROCHESTER TRAFFIC VIOLATIONS AGENCY, WHICH  SHALL
 OPERATE  UNDER  THE  DIRECTION  AND  CONTROL OF THE MAYOR OR THE MAYOR'S
 DESIGNEE.
   § 6. Section 370-a of the general municipal law is amended  by  adding
 two new subdivisions 1-b and 2-a to read as follows:
   1-B. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
 THE  CITY  OF  ROCHESTER  ESTABLISHED  PURSUANT  TO  SUBDIVISION FIVE OF
 SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND  DISPOSE
 OF TRAFFIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
   2-A. "TRAFFIC PROSECUTOR" SHALL ALSO MEAN AN ATTORNEY DULY ADMITTED TO
 PRACTICE  LAW  IN  THE  STATE OF NEW YORK WHO, HAVING BEEN APPOINTED AND
 EITHER  HIRED  OR   RETAINED   PURSUANT   TO   SECTION   THREE   HUNDRED

 S. 6456--A                          4
 
 SEVENTY-FOUR-B  OF  THIS  ARTICLE, HAS THE RESPONSIBILITY OF PROSECUTING
 ANY TRAFFIC INFRACTIONS  RETURNABLE  BEFORE  THE  ROCHESTER  CITY  COURT
 PURSUANT  TO  THE  JURISDICTIONAL  LIMITATIONS  OF SECTION THREE HUNDRED
 SEVENTY-ONE OF THIS ARTICLE.
   §  7.  Section 371 of the general municipal law is amended by adding a
 new subdivision 2-b to read as follows:
   2-B. THE ROCHESTER TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDI-
 VISION FIVE OF SECTION THREE HUNDRED SEVENTY OF  THIS  ARTICLE,  MAY  BE
 AUTHORIZED  TO  ASSIST  THE  ROCHESTER CITY COURT IN THE DISPOSITION AND
 ADMINISTRATION OF INFRACTIONS OF TRAFFIC  LAWS,  ORDINANCES,  RULES  AND
 REGULATIONS EXCEPT THAT SUCH AGENCY 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 SUBPAR-
 AGRAPH (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 SUBDIVISION (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF  THE  VEHICLE  AND  TRAFFIC  LAW;  (E)  TRAFFIC
 INFRACTIONS  CONSTITUTING  PARKING,  STANDING,  STOPPING  OR  PEDESTRIAN
 OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) 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 C 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 CONSTITUTING A PARKING, STOPPING, STANDING OR
 PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION  (G)  OF  SECTION  ELEVEN
 HUNDRED  EIGHTY  OF  THE  VEHICLE  AND TRAFFIC LAW OR ANY MISDEMEANOR OR
 FELONY.
   § 8. Section 371 of the general municipal law is amended by adding two
 new subdivisions 3-b and 4-b to read as follows:
   3-B. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
 THE ROCHESTER TRAFFIC VIOLATIONS AGENCY  MAY  BE  PERMITTED  TO  ANSWER,
 WITHIN  A  SPECIFIED  TIME,  AT  THE TRAFFIC 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  AGENCY,  BY  PAYING  A
 PRESCRIBED  FINE  AND,  IN WRITING, WAIVING A HEARING IN COURT, PLEADING
 GUILTY TO THE CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC  PROSE-
 CUTOR  AND  THE  PERSON  CHARGED WITH AN INFRACTION, AND AUTHORIZING THE
 PERSON IN CHARGE OF THE AGENCY TO ENTER SUCH A PLEA AND  ACCEPT  PAYMENT
 OF SAID FINE. ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY
 THE  AGENCY SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND
 THE VIOLATOR 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 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

 S. 6456--A                          5
 
 THE INFRACTION. ANY PERSON WHO SHALL HAVE  BEEN,  WITHIN  THE  PRECEDING
 TWELVE  MONTHS, GUILTY OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMIT-
 TED TO APPEAR AND ANSWER TO A SUBSEQUENT VIOLATION AT  THE  AGENCY,  BUT
 MUST  APPEAR  IN  COURT  AT  A TIME SPECIFIED BY THE AGENCY. SUCH AGENCY
 SHALL NOT BE AUTHORIZED TO DEPRIVE A PERSON OF HIS RIGHT TO  COUNSEL  OR
 TO  PREVENT  HIM  FROM EXERCISING 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-B.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
 TIES AND FORFEITURES COLLECTED BY THE ROCHESTER TRAFFIC VIOLATIONS AGEN-
 CY 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 ROCHESTER TRAFFIC VIOLATIONS AGENCY PURSU-
 ANT  TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVI-
 SION THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW,  SHALL  BE
 PAID  BY  SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS
 OF THE MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL  BE  ACCOMPA-
 NIED  BY A TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMP-
 TROLLER SHALL PRESCRIBE.
   § 9. The general municipal law is amended  by  adding  a  new  section
 374-b to read as follows:
   § 374-B. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
 DIRECTOR  OF THE ROCHESTER TRAFFIC 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
 INFRACTION,  EXCEPT  THOSE  DESCRIBED  IN PARAGRAPHS (A), (B), (C), (D),
 (E), (F) AND (G) OF SUBDIVISION TWO-B OF SECTION THREE HUNDRED  SEVENTY-
 ONE  OF THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE
 ROCHESTER CITY COURT. SUCH PERSONS SHALL BE KNOWN AS  "TRAFFIC  PROSECU-
 TORS",  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
 INFRACTION  WHICH  MAY,  PURSUANT  TO  THE  JURISDICTIONAL PROVISIONS OF
 SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED  BEFORE
 THE  ROCHESTER  CITY COURT IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY
 OF ROCHESTER. 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 ROCHESTER CITY COURT ON
 ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
   (B) THE MAYOR OF THE CITY OF ROCHESTER SHALL APPOINT A PERSON TO SERVE
 AS THE EXECUTIVE DIRECTOR OF THE ROCHESTER  TRAFFIC  VIOLATIONS  AGENCY.
 THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT AND ADMIN-
 ISTRATION  OF  THE  AGENCY.  THE  EXECUTIVE  DIRECTOR IS PROHIBITED FROM
 APPEARING IN ANY CAPACITY IN ANY PART OF THE ROCHESTER CITY COURT ON ANY
 MATTER RELATING TO TRAFFIC VIOLATIONS AND  IS  FURTHER  PROHIBITED  FROM
 APPEARING  IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
 ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
   (C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY  TRAFFIC
 PROSECUTOR  OR  ANY  JUDICIAL  HEARING  OFFICER ASSIGNED TO HEAR TRAFFIC
 VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
 CLE 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 HEARING  OFFICER

 S. 6456--A                          6
 
 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 NONATTAINMENT OF ANY
 CONVICTION  QUOTA.  FOR  THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
 SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
 IN A SPECIFIC TIME PERIOD.
   (D) PURSUANT TO SECTION 3-9 OF THE CHARTER OF THE CITY  OF  ROCHESTER,
 THE  CITY  OF  ROCHESTER MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE
 DISCRETION, ARE NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED
 TO SERVE AS EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER  ALL
 OTHER EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE ROCHESTER TRAF-
 FIC VIOLATIONS AGENCY.
   §  10.  Subdivision  3  of  section  99-a of the state finance law, as
 amended by section 3 of part GG of section 55 of the laws  of  2017,  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 and Suffolk counties traf-
 fic  and parking violations agencies, and by the city of Buffalo traffic
 violations agency, AND BY THE CITY OF ROCHESTER TRAFFIC VIOLATIONS AGEN-
 CY, and by the city of New York pursuant to article two-A of the vehicle
 and traffic law, 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 procedures 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 and Suffolk  coun-
 ties  traffic  and parking violations agencies, to the county treasurer,
 or, in the case of the Buffalo traffic violations agency, to the city of
 Buffalo comptroller, OR IN THE CASE OF THE ROCHESTER TRAFFIC  VIOLATIONS
 AGENCY,  TO  THE CITY OF ROCHESTER TREASURER for distribution in accord-
 ance with instructions by the comptroller or, in the case of the city of
 New York, pursuant to article two-A of the vehicle and  traffic  law  to
 the city 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  and
 Suffolk  counties traffic and parking violations agencies or the city of
 Buffalo traffic violations agency  OR  THE  CITY  OF  ROCHESTER  TRAFFIC
 VIOLATIONS  AGENCY  or the city of New York pursuant to article two-A of
 the vehicle and traffic law  may  utilize  these  procedures  only  when
 permitted  by  the  comptroller,  and  such  permission, once given, may
 subsequently be withdrawn by the comptroller on due notice.
   § 11. Subdivision 3 of section 99-a  of  the  state  finance  law,  as
 amended  by  section 10 of part CC of chapter 58 of the laws of 2015, 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 and Suffolk counties traf-
 fic and parking violations agencies, and by the city of Buffalo  traffic
 violations agency, AND BY THE CITY OF ROCHESTER TRAFFIC VIOLATIONS AGEN-
 CY  to the justice court fund and for the distribution of such moneys by

 S. 6456--A                          7
 
 the justice court fund. Notwithstanding any law  to  the  contrary,  the
 alternative procedures 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 and Suffolk coun-
 ties traffic and parking violations agencies, to the  county  treasurer,
 or, in the case of the Buffalo traffic violations agency, to the city of
 Buffalo  comptroller, OR IN THE CASE OF THE ROCHESTER TRAFFIC VIOLATIONS
 AGENCY, TO THE CITY OF ROCHESTER TREASURER, for distribution in  accord-
 ance 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  and
 Suffolk  counties traffic and parking violations agencies or the city of
 Buffalo traffic violations agency  OR  THE  CITY  OF  ROCHESTER  TRAFFIC
 VIOLATIONS  AGENCY  may  utilize these procedures only when permitted by
 the comptroller, and such permission, once given,  may  subsequently  be
 withdrawn by the comptroller on due notice.
   §  12.  Paragraph (c) of subdivision 4-a of section 510 of the vehicle
 and traffic law, as amended by section 11 of part CC of  chapter  58  of
 the laws of 2015, is amended to read as follows:
   (c) Upon receipt of notification from a traffic and parking violations
 agency  or  a  traffic  violations  agency of the failure of a person to
 appear within sixty days of the return date or new subsequent  adjourned
 date,  pursuant  to  an  appearance  ticket  charging said person with a
 violation of:
   (i) any of the provisions of this  chapter  except  one  for  parking,
 stopping or standing and except those violations described in paragraphs
 (a),  (b),  (d),  (e)  and (f) of subdivision two and in paragraphs (a),
 (b), (d), (e), (f) and (g) of subdivision two-a AND IN  PARAGRAPHS  (A),
 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B of section three hundred
 seventy-one of the general municipal law;
   (ii)  section  five hundred two or subdivision (a) of section eighteen
 hundred fifteen of the tax law;
   (iii) section fourteen-f (except paragraph (b) of subdivision four  of
 section  fourteen-f),  two  hundred  eleven or two hundred twelve of the
 transportation law; or
   (iv) any lawful ordinance or regulation made  by  a  local  or  public
 authority  relating  to  traffic  (except  one  for parking, stopping or
 standing) or the failure to pay a fine imposed for such a violation by a
 traffic and parking violations agency or a  traffic  violations  agency,
 the commissioner or his or her agent may suspend the driver's license or
 privileges of such person pending receipt of notice from the agency that
 such  person  has  appeared in response to such appearance ticket or has
 paid such fine. Such suspension shall take effect no  less  than  thirty
 days  from the day upon which notice thereof is sent by the commissioner
 to the person whose driver's license or privileges are to be  suspended.
 Any suspension issued pursuant to this paragraph shall be subject to the
 provisions of paragraph (j-1) of subdivision two of section five hundred
 three of this chapter.
   § 13. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
 traffic  law,  as  amended by section 12 of part CC of chapter 58 of the
 laws of 2015, is amended to read as follows:
   (b) Upon the failure of a person to appear  or  answer,  within  sixty
 days of the return date or any subsequent adjourned date, or the failure

 S. 6456--A                          8
 
 to  pay  a  fine imposed by a traffic and parking violations agency or a
 traffic violations agency pursuant to a summons charging him or her with
 a violation of:
   (1)  any  of  the  provisions  of this chapter except one for parking,
 stopping or standing and except those violations described in paragraphs
 (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
 (b),  (d),  (e), (f) and (g) of subdivision two-a AND IN PARAGRAPHS (A),
 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B of section three hundred
 seventy-one of the general municipal law;
   (2) section five hundred two or subdivision (a)  of  section  eighteen
 hundred fifteen of the tax law;
   (3)  section  fourteen-f  (except paragraph (b) of subdivision four of
 section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
 transportation law; or
   (4)  any  lawful  ordinance  or  regulation  made by a local or public
 authority relating to traffic  (except  one  for  parking,  stopping  or
 standing);
 the clerk thereof shall within ten days certify that fact to the commis-
 sioner, in the manner and form prescribed by the commissioner, who shall
 record the same in his or her office. Thereafter and upon the appearance
 of  any  such  person  in response to such summons or the receipt of the
 fine by the agency, the traffic and parking violations agency, the traf-
 fic violations agency or the clerk thereof shall forthwith certify  that
 fact  to  the  commissioner,  in  the  manner and form prescribed by the
 commissioner; provided, however, no such  certification  shall  be  made
 unless  the  traffic  and  parking  violations  agency  or  the  traffic
 violations agency  has  collected  the  termination  of  suspension  fee
 required  to  be  paid pursuant to paragraph (j-1) of subdivision two of
 section five hundred three of this chapter.
   § 14. The article heading of article 44-A of the vehicle  and  traffic
 law,  as  amended  by section 13 of part CC of chapter 58 of the laws of
 2015, is amended to read as follows:
                     AUTHORITY OF THE NASSAU AND SUFFOLK
             COUNTY DISTRICT COURT AND BUFFALO CITY COURT AND
                           ROCHESTER CITY COURT
                         JUDICIAL HEARING OFFICERS
   § 15. The section heading of section 1690 of the vehicle  and  traffic
 law,  as  amended  by section 14 of part CC of chapter 58 of the laws of
 2015, is amended to read as follows:
   Authority of the Nassau county and Suffolk county district court judi-
 cial hearing officers and the city of Buffalo judicial hearing  officers
 AND THE CITY OF ROCHESTER JUDICIAL HEARING OFFICERS.
   § 16. Section 1690 of the vehicle and traffic law is amended by adding
 two new subdivisions 1-b and 4-b to read as follows:
   1-B.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
 TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED  TO  BE  TRIED  BEFORE  THE
 ROCHESTER  CITY COURT, AND SUCH TRAFFIC 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 PARKING, STOPPING, STANDING OR PEDESTRIAN
 OFFENSE,  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 CRIM-

 S. 6456--A                          9
 
 INAL PROCEDURE LAW, AS SUCH A MISDEMEANOR, FELONY, VIOLATION OF SUBDIVI-
 SION 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 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 PARKING,
 STOPPING, STANDING OR PEDESTRIAN OFFENSE, THE  ADMINISTRATIVE  JUDGE  OF
 THE  SEVENTH  JUDICIAL  DISTRICT MAY ASSIGN JUDICIAL HEARING OFFICERS TO
 CONDUCT SUCH A TRIAL. SUCH JUDICIAL HEARING OFFICERS SHALL: (I) BE RESI-
 DENTS OF THE COUNTY OF  MONROE;  AND  (II)  BE  VILLAGE  OR  TOWN  COURT
 JUSTICES,  CITY  COURT JUDGES OR RETIRED JUDGES OR JUSTICES OR A CURRENT
 OR FORMER ADMINISTRATIVE LAW JUDGE, REFEREE  OR  ADMINISTRATIVE  HEARING
 OFFICER  WITH AT LEAST ONE YEAR EXPERIENCE CONDUCTING TRIALS OR HEARINGS
 FOR ANY GOVERNMENTAL AGENCY OF THE STATE OF  NEW  YORK  OR  A  POLITICAL
 SUBDIVISION  OF  THE STATE, OR A LICENSED ATTORNEY WHO HAS AT LEAST FIVE
 YEARS OF RELEVANT EXPERIENCE APPEARING  IN  TRIALS  OR  HEARINGS  BEFORE
 COURTS  OR GOVERNMENTAL AGENCIES WITHIN THE STATE; AND (III) BE ADMITTED
 TO PRACTICE LAW IN THIS STATE; AND (IV)  BE  SELECTED  FROM  A  LIST  OF
 RECOMMENDATIONS  OF THE MAYOR OF THE CITY OF ROCHESTER PROVIDED THAT THE
 MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL  HEAR-
 ING  OFFICER  ASSIGNMENT.  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-B.  JUDICIAL  HEARING  OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
 CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF ROCHES-
 TER CITY COURT ON ANY MATTER RELATING  TO  TRAFFIC  VIOLATIONS  AND  ARE
 FURTHER  PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDI-
 CIAL HEARING OFFICER IN ANY OTHER COURT OR  ADMINISTRATIVE  TRIBUNAL  ON
 ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
   §  17.  Subdivision 5 of section 350.20 of the criminal procedure law,
 as amended by section 16 of part CC of chapter 58 of the laws  of  2015,
 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  in  accordance  with the provisions of section sixteen
 hundred ninety of the vehicle and traffic law and  for  all  proceedings
 before  the  Buffalo  city  court the administrative judge of the eighth
 judicial district may,  without  the  consent  of  the  parties,  assign
 matters  involving  traffic  infractions except those described in para-
 graphs (a), (b), (c), (d), (e), (f) and  (g)  of  subdivision  two-a  of
 section  three  hundred  seventy-one  of  the general municipal law to a
 judicial hearing officer in accordance with the  provisions  of  section
 sixteen  hundred  ninety  of  the  vehicle  and  traffic law AND FOR ALL
 PROCEEDINGS BEFORE THE ROCHESTER CITY COURT THE ADMINISTRATIVE JUDGE  OF

 S. 6456--A                         10
 
 THE  SEVENTH  JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES,
 ASSIGN MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE  DESCRIBED  IN
 PARAGRAPHS  (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B OF
 SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE GENERAL MUNICIPAL LAW TO A
 JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION
 SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
   §  18.  Pending actions and proceedings. (a) No proceeding involving a
 charge of a traffic infraction pending at such  time  when  an  existing
 administrative tribunal shall cease to exist shall be affected or abated
 by  the  passage  of  this act or by anything herein contained or by the
 cessation of the existence of  any  administrative  tribunal.  All  such
 proceedings are hereby transferred to the court of appropriate jurisdic-
 tion in the city where such traffic infractions allegedly occurred.
   (b)(i)  The  agency,  department,  office,  or person charged with the
 custody of the records of an existing administrative tribunal  which  is
 about  to  cease  existing  under, or in connection with, this act shall
 arrange for the transfer of the records of pending  proceedings  to  the
 court  of  appropriate  jurisdiction  to  which the proceedings shall be
 transferred. The presiding judge of such  court  shall  enter  an  order
 providing  for  adequate  notice  consistent  with due process of law to
 respondents in such pending proceedings regarding the transfer  of  such
 proceedings.
   (ii)  In  no  event  shall  any difficulty or delay resulting from the
 transfer process, not caused by the  respondent,  increase  the  penalty
 required  of the respondent appearing before the court due to a transfer
 of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
 respondent.  Respondents before the court due to a transfer of the traf-
 fic infraction proceeding from an administrative tribunal to  the  court
 that  fail  to appear shall be permitted at least one adjournment before
 the penalties and procedures pursuant to subdivision 3 of section 226 of
 the vehicle and traffic law shall be available. The presiding  judge  of
 such court shall enter an order providing for adequate notice consistent
 with  due  process of law to respondents, including notice of the penal-
 ties and procedures available pursuant to subdivision 3 of  section  226
 of the vehicle and traffic law.
   § 19. The executive director of the Rochester traffic violations agen-
 cy  shall  issue on an annual basis, beginning eighteen months following
 the creation of the Rochester traffic violations agency pursuant to city
 of Rochester local law, a report detailing the progress, development and
 operations of  the  traffic  violations  agency.  The  report  shall  be
 provided  to  the  governor,  the temporary president of the senate, the
 speaker of the assembly, the mayor of Rochester, the common  council  of
 Rochester,  the  presiding  judge  of  the  Rochester city court and the
 Monroe county district attorney.
   § 20. The adoption of this act shall be deemed a transfer of  function
 pursuant  to  section  70  of the civil service law. Any employee who is
 transferred to employment by the city of Rochester pursuant to this  act
 shall,  in addition to the rights granted pursuant to such law, continue
 to be eligible for a civil service promotional examination or  promotion
 from  an  eligible list as if such employee was an employee of the state
 subject to the pertinent provisions of the civil service law.
   § 21. This act shall take effect on the  two  hundred  seventieth  day
 after  it shall have become a law; provided, however, that the amendment
 to subdivision 5 of section 227 of the vehicle and traffic law  made  by
 section three of this act shall not affect the expiration of such subdi-
 vision  when  upon  such date the provisions of section four of this act

 S. 6456--A                         11
 
 shall take effect; and provided however, that the amendments to subdivi-
 sion 3 of section 99-a of the state finance law made by section  ten  of
 this  act  shall not affect the expiration of such subdivision when upon
 such  date  the  provisions  of  section  eleven  of this act shall take
 effect; and provided, however, that effective immediately  the  city  of
 Rochester  is  authorized  to  enact  a local law establishing a traffic
 violations agency in the city of Rochester; provided, however, that  the
 provisions of sections five and six of this act shall take effect on the
 same  date as the enactment of such local law, herein authorized, estab-
 lishing a traffic violations agency; provided, further, that  if  estab-
 lished,  such agency and the city of Rochester shall comply with all the
 provisions of law set forth in this act;  provided,  however,  that  the
 amendments to section 371 of the general municipal law, made by sections
 seven  and  eight  of  this act, shall not affect the expiration of such
 section and shall be deemed to expire therewith; and provided,  further,
 that  the  city  of Rochester shall notify the legislative bill drafting
 commission upon the  occurrence  of  the  enactment  of  the  local  law
 provided  for in this section 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.