Relates state assessments and teacher evaluations; makes permanent provisions relating to standardized tests not being included on a student's permanent record
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 16, 2018 |
referred to rules |
BILL NUMBER: S9097
SPONSOR: RULES
TITLE OF BILL: An act to amend the education law, in relation to
state assessments and teacher evaluations; and to amend chapter 56 of
the laws of 2014, amending the education law relating to providing that
standardized test scores shall not be included on a student's permanent
record, in relation to making certain provisions permanent; to amend the
transportation law and the highway law, in relation to authorizing an
airport mass transit project at LaGuardia airport; and providing for the
repeal of such provisions upon expiration thereof; to amend the educa-
tion law, in relation to the charters issued; in relation to the quality
of instruction; to amend the executive law, in relation to expanding the
scope of unlawful discriminatory practices to include public educational
institutions; to amend the penal law and the criminal procedure law, in
relation to sealing records for certain proceedings; to amend the vehi-
cle and traffic law, in relation to photo speed violation monitoring
systems in school speed zones in the city of New York; to amend chapter
43 of the laws of 2014, amending the vehicle and traffic law, the public
officers law and the general municipal law relating to photo speed
violation monitoring systems in school speed zones in the city of New
York, in relation to making technical corrections thereto; to amend
chapter 189 of the laws of 2013, amending the vehicle and traffic law
and the public officers law relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices, in relation to the effectiveness thereof; to amend the vehicle and traffic law and the public officers law, in relation to establishing in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices; and providing for the repeal of certain provisions upon expiration thereof; to amend the vehicle and traffic law, the public officers law, the general municipal law, the state finance law, and the judiciary law, in relation to establishing the adjudication process and owner liability for failure of an operator to comply with traffic-con- trol indications and establishing a traffic and parking violations agen- cy in the county of Westchester; and providing for the repeal of such provisions upon expiration thereof; to authorize, for certain public works undertaken pursuant to project labor agreements, use of the alter- native delivery method known as design-build contracts; to amend the criminal procedure law, in relation to the issuance of securing orders and in relation to making conforming changes; and providing for the repeal of such provisions upon expiration thereof PURPOSE: This legislation proposes a number of policy initiatives for the better- ment of New Yorkers across the State, by advancing reforms in the way of education, transportation, criminal justice and project delivery. SUMMARY OF PROVISIONS: This bill provides for: *A prohibition on the use of state test scores for purposes of teacher evaluations conducted pursuant to Education Law section 3012-D; *Authorizes the construction of an air-train at LaGuardia airport; *Removes the regional cap on the number of charter schools in the State; *Makes technical changes to the oversight of nonpublic schools by the State Education Department; *Places incidences of bullying or discrimination in public schools under the jurisdiction of the Division of Human Rights; *Allows for the sealing of certain criminal records with respect to marihuana possession; *Extends authorization for and expands the current school speed zone camera program in New York City; *Creates a speed zone camera program for Buffalo; *Creates a speed zone camera program for Westchester County; *Allows for the use of design-build in New York City for eleven projects; and *Reforms the bail system by allowing for release under non-monetary conditions. JUSTIFICATION: This legislation proposes significant reforms to a number of areas of law. Ranging from education reforms to criminal justice this legislation is designed to take a multi-faceted approach to making historic advances in policy for this State. In Education, there is a de-linking of the use of state tests in teacher evaluations which will help break an over-reliance on the use of tests that has plagued our education system for years. There is also a modest increase in the amount of charter schools made available to New York City, that is designed to meet the growing demand and also keeps the State within the global cap of 460 schools. Additionally, increased oversight by the State Education Department and transparency require- ments are placed on non-public schools. Finally, public schools will be returned under the jurisdiction of the Division of Human Rights, thereby righting a wrong from a Court of Appeals decision from several years ago. In the way of Transportation and Infrastructure, there is authorization for an air-train at LaGuardia Airport which will ensure that it serves as a proper access point for the Empire State. Speed cams are extended and expanded in the City of New York, while also being authorized for the first time in Buffalo and Westchester County. New York City will also be granted design-build authority for eleven specific projects which have the potential to generate millions of dollars in savings for the City. In Criminal Justice, this legislation provides for a sealing of certain convictions where defendants were found guilty of possessing low levels of marihuana. Also, a new system of non-monetary bail is being proposed which will help ensure that individuals do not sit in jail awaiting adjudication just because they lack the necessary funds to secure their release. When looked at on the whole, this legislation covers a broad array of issue areas, but most importantly is an opportunity to improve the lives of New Yorkers in a multitude of ways. LEGISLATIVE HISTORY: New bill FISCAL IMPLICATIONS: This bill enacts a number of revenue generating programs for various cities and provides costs savings to New York City through the use of alternative delivery methods. EFFECTIVE DATE: Immediately, as well as other various effective dates provided for in section seventy-six
S T A T E O F N E W Y O R K
________________________________________________________________________
9097
I N S E N A T E
June 16, 2018
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to state assessments and
teacher evaluations; and to amend chapter 56 of the laws of 2014,
amending the education law relating to providing that standardized
test scores shall not be included on a student's permanent record, in
relation to making certain provisions permanent; to amend the trans-
portation law and the highway law, in relation to authorizing an
airport mass transit project at LaGuardia airport; and providing for
the repeal of such provisions upon expiration thereof; to amend the
education law, in relation to the charters issued; in relation to the
quality of instruction; to amend the executive law, in relation to
expanding the scope of unlawful discriminatory practices to include
public educational institutions; to amend the penal law and the crimi-
nal procedure law, in relation to sealing records for certain
proceedings; to amend the vehicle and traffic law, in relation to
photo speed violation monitoring systems in school speed zones in the
city of New York; to amend chapter 43 of the laws of 2014, amending
the vehicle and traffic law, the public officers law and the general
municipal law relating to photo speed violation monitoring systems in
school speed zones in the city of New York, in relation to making
technical corrections thereto; to amend chapter 189 of the laws of
2013, amending the vehicle and traffic law and the public officers law
relating to establishing in a city with a population of one million or
more a demonstration program implementing speed violation monitoring
systems in school speed zones by means of photo devices, in relation
to the effectiveness thereof; to amend the vehicle and traffic law and
the public officers law, in relation to establishing in the city of
Buffalo a demonstration program implementing speed violation monitor-
ing systems in school speed zones by means of photo devices; and
providing for the repeal of certain provisions upon expiration there-
of; to amend the vehicle and traffic law, the public officers law, the
general municipal law, the state finance law, and the judiciary law,
in relation to establishing the adjudication process and owner liabil-
ity for failure of an operator to comply with traffic-control indi-
cations and establishing a traffic and parking violations agency in
the county of Westchester; and providing for the repeal of such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16314-02-8
S. 9097 2
provisions upon expiration thereof; to authorize, for certain public
works undertaken pursuant to project labor agreements, use of the
alternative delivery method known as design-build contracts; to amend
the criminal procedure law, in relation to the issuance of securing
orders and in relation to making conforming changes; and providing
for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3012-d of the education law is amended by adding a
new subdivision 16 to read as follows:
16. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR ADMIN-
ISTERED TESTS SHALL NOT BE REQUIRED TO BE UTILIZED IN ANY MANNER TO
DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION.
B. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROVIDING
ALTERNATIVE ASSESSMENTS THAT MAY BE USED IN GRADES THREE THROUGH EIGHT
INSTEAD OF ALL OTHER STATE-CREATED OR ADMINISTERED TESTS, WHICH SHALL
INCLUDE ALL OF THE ASSESSMENTS THAT HAVE BEEN APPROVED BY THE COMMIS-
SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS.
C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI-
VISION FOUR OF THIS SECTION SHALL BE SUBJECT TO COLLECTIVE BARGAINING
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION
TO THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE
ANY CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT IN
EFFECT ON THE DATE THIS SUBDIVISION TAKES EFFECT AND UNTIL THE ENTRY
INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF
SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT
THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY; AND, PROVIDED FURTHER,
HOWEVER, THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES AND
RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS
SECTION INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS UNTIL THE ENTRY INTO A SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT.
§ 2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
3012-d of the education law, subparagraph 1 as amended by section 3 of
subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
as added by section 2 of subpart E of part EE of chapter 56 of the laws
of 2015, are amended to read as follows:
(1) For the first subcomponent, [(A) for a teacher whose course ends
in a state-created or administered test for which there is a state-pro-
vided growth model, such teacher shall have a state-provided growth
score based on such model, which shall take into consideration certain
student characteristics, as determined by the commissioner, including
but not limited to students with disabilities, poverty, English language
learner status and prior academic history and which shall identify
educators whose students' growth is well above or well below average
compared to similar students for a teacher's or principal's students
after the certain student characteristics above are taken into account;
and (B) for a teacher whose course does not end in a state-created or
S. 9097 3
administered test such teacher] A TEACHER shall have a student learning
objective (SLO) consistent with a goal-setting process determined or
developed by the commissioner, that results in a student growth score;
provided that, for any teacher whose course ends in a state-created or
administered assessment [for which there is no state-provided growth
model], such assessment [must] MAY be used as the underlying assessment
for such SLO;
(2) For the optional second subcomponent, a district may locally
select a second measure in accordance with this subparagraph. Such
second measure shall apply in a consistent manner, to the extent practi-
cable, across the district and be either: (A) [a second state-provided
growth score] BASED on a state-created or administered test [under
clause (A) of subparagraph one of this paragraph], or (B) [a growth
score] based on a state-designed supplemental assessment[, calculated
using a state-provided or approved growth model]. The optional second
subcomponent shall provide options for multiple assessment measures that
are aligned to existing classroom and school best practices and take
into consideration the recommendations in the testing reduction report
as required by section one of subpart F of [the chapter] PART EE OF
CHAPTER FIFTY-SIX of the laws of two thousand fifteen which added this
section regarding the reduction of unnecessary additional testing.
§ 3. Subdivision 5 of section 3012-d of the education law, as added by
section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is
amended to read as follows:
5. Rating determination. The overall rating determination shall be
determined [according to a methodology] as follows:
a. [The following rules shall apply: a teacher or principal who is (1)
rated using two subcomponents in the student performance category and
receives a rating of ineffective in such category shall be rated inef-
fective overall; provided, however, that if the measure used in the
second subcomponent is a state-provided growth score on a state-created
or administered test pursuant to clause (A) of subparagraph one of para-
graph a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be eligible
to receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent in the student performance
category and receives a rating of ineffective in such category shall not
be eligible to receive a rating of effective or highly effective over-
all; and (3) rated ineffective in the teacher observations category
shall not be eligible to receive a rating of effective or highly effec-
tive overall.
b. Except as otherwise provided in paragraph a of this subdivision, a
teacher's composite score shall be determined as follows:
(1)] If a teacher receives an H in the teacher observation category,
and an H in the student performance category, the teacher's composite
score shall be H;
[(2)] B. If a teacher receives an H in the teacher observation catego-
ry, and an E in the student performance category, the teacher's compos-
ite score shall be H;
[(3)] C. If a teacher receives an H in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;
[(4)] D. If a teacher receives an H in the teacher observation catego-
ry, and an I in the student performance category, the teacher's compos-
ite score shall be D;
S. 9097 4
[(5)] E. If a teacher receives an E in the teacher observation catego-
ry, and an H in the student performance category, the teacher's compos-
ite score shall be H;
[(6)] F. If a teacher receives an E in the teacher observation catego-
ry, and an E in the student performance category, the teacher's compos-
ite score shall be E;
[(7)] G. If a teacher receives an E in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;
[(8)] H. If a teacher receives an E in the teacher observation catego-
ry, and an I in the student performance category, the teacher's compos-
ite score shall be D;
[(9)] I. If a teacher receives a D in the teacher observation catego-
ry, and an H in the student performance category, the teacher's compos-
ite score shall be E;
[(10)] J. If a teacher receives a D in the teacher observation catego-
ry, and an E in the student performance category, the teacher's compos-
ite score shall be E;
[(11)] K. If a teacher receives a D in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be D;
[(12)] L. If a teacher receives a D in the teacher observation catego-
ry, and an I in the student performance category, the teacher's compos-
ite score shall be I;
[(13)] M. If a teacher receives an I in the teacher observation cate-
gory, and an H in the student performance category, the teacher's
composite score shall be D;
[(14)] N. If a teacher receives an I in the teacher observation cate-
gory, and an E in the student performance category, the teacher's
composite score shall be D;
[(15)] O. If a teacher receives an I in the teacher observation cate-
gory, and a D in the student performance category, the teacher's compos-
ite score shall be I;
[(16)] P. If a teacher receives an I in the teacher observation cate-
gory, and an I in the student performance category, the teacher's
composite score shall be I.
§ 4. Subdivision 7 of section 3012-d of the education law, as added by
section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is
amended to read as follows:
7. The commissioner shall ensure that the process by which weights and
scoring ranges are assigned to subcomponents and categories is transpar-
ent and available to those being rated before the beginning of each
school year. Such process must ensure that it is possible for a teacher
or principal to obtain any number of points in the applicable scoring
ranges, including zero, in each subcomponent. The superintendent,
district superintendent or chancellor and the representative of the
collective bargaining unit (where one exists) shall certify in the
district's plan that the evaluation process shall use the standards for
the scoring ranges provided by the commissioner. [Provided, however,
that in any event, the following rules shall apply: a teacher or princi-
pal who is:
a. rated using two subcomponents in the student performance category
and receives a rating of ineffective in such category shall be rated
ineffective overall, except that if the measure used in the second
subcomponent is a second state-provided growth score on a state-adminis-
tered or sponsored test pursuant to clause (A) of subparagraph one of
S. 9097 5
paragraph a of subdivision four of this section, a teacher or principal
that receives a rating of ineffective in such category shall not be
eligible to receive a rating of effective or highly effective overall;
b. rated using only the state measure subcomponent in the student
performance category and receives a rating of ineffective in such cate-
gory shall not be eligible to receive a rating of effective or highly
effective overall; and
c. rated ineffective in the observations category shall not be eligi-
ble to receive a rating of effective or highly effective overall.]
§ 5. Subdivision 10 of section 3012-d of the education law, as added
by section 2 of subpart E of part EE of chapter 56 of the laws of 2015,
is amended to read as follows:
10. The local collective bargaining representative shall negotiate
with the district:
a. whether to use a second measure, and, in the event that a second
measure is used, which measure to use, pursuant to subparagraph two of
paragraph a of subdivision four of this section [and];
b. how to implement the provisions of paragraph b of subdivision four
of this section, and associated regulations as established by the
commissioner, in accordance with article fourteen of the civil service
law; AND
C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A
AND B OF SUBDIVISION SIXTEEN OF THIS SECTION.
§ 6. Section 2 of subpart B of part AA of chapter 56 of the laws of
2014 amending the education law relating to providing that standardized
test scores shall not be included on a student's permanent record, as
amended by section 35 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
§ 2. This act shall take effect immediately [and shall expire and be
deemed repealed on December 31, 2019].
§ 7. Legislative findings. LaGuardia airport is a pillar of New York
state's transportation network and a key driver of economic growth
throughout the state and the country. However, LaGuardia airport remains
the only major regional airport without a direct rail link. The lack of
public transit options forces passengers to rely heavily on private
cars, for-hire-vehicles and taxis to reach the airport, which in turn
results in higher levels of regional traffic congestion, unpredictable
travel time to LaGuardia airport and potential adverse environmental
effects. To support this important airport access mass transit project,
this act would authorize the acquisition of property interests necessary
for the landing of guideway support columns and siting of ancillary
facilities for airport access mass transit equipment maintenance, park-
ing for persons using the airport access mass transit facility and addi-
tional limited purposes directly related to the operation of an airport
access mass transit project, temporary laydown and construction areas,
and air rights related to an elevated guideway and related entry, exit
and crossing points for pedestrians and vehicles, and utilization by the
New York state department of transportation or the transfer to the Port
Authority of New York and New Jersey and certain other parties, in
either case to permit construction, use, occupancy, operation and main-
tenance of the airport access mass transit facility; provided however,
this legislation does not authorize acquisition of property interests
for a self-standing facility constructed to house premises for automo-
bile rental operations. The legislature finds and declares that it is a
substantial state concern, with an impact well beyond a single munici-
S. 9097 6
pality, to ensure access to safe and reliable mass transit to LaGuardia
airport, a major transportation hub relied upon by people throughout the
state.
§ 8. Subdivision 1 of section 14-d of the transportation law is
amended by adding a new paragraph d to read as follows:
D. TO ACQUIRE BY EMINENT DOMAIN, PURSUANT TO THE EMINENT DOMAIN PROCE-
DURE LAW AND SECTION THIRTY OF THE HIGHWAY LAW, ANY PROPERTY, PROPERTY
RIGHTS OR PROPERTY INTERESTS, INCLUDING EASEMENTS, AIR RIGHTS AND
SUBSURFACE RIGHTS, WHETHER OR NOT NOW OR PREVIOUSLY DESIGNATED AS PARK-
LAND, OR OTHERWISE DEDICATED TO A PUBLIC USE AS PARKLAND, (HEREINAFTER
"PROPERTY INTERESTS"), AND, PROVIDED WITH RESPECT TO REAL PROPERTY NOW
OR PREVIOUSLY DESIGNATED AS PARKLAND, JUST COMPENSATION THEREFOR SHALL
BE CALCULATED AS AN AMOUNT EQUAL TO THE APPRAISED FAIR MARKET VALUE OF
THE PARKLAND BEING DISCONTINUED, AND FURTHER PROVIDED ONLY TO THE EXTENT
THAT SUCH PROPERTY INTERESTS ARE, IN THE JUDGEMENT OF THE COMMISSIONER,
NECESSARY FOR THE CONSTRUCTION, USE, OCCUPANCY, OPERATION, AND MAINTE-
NANCE OF AN AIRPORT ACCESS MASS TRANSIT FACILITY FOR LAGUARDIA AIRPORT
VIA ELEVATED GUIDEWAY, AND RELATED ANCILLARY FACILITIES FOR AIRPORT
ACCESS MASS TRANSIT MAINTENANCE, PARKING FOR PERSONS USING THE AIRPORT
ACCESS MASS TRANSIT FACILITY AND ADDITIONAL LIMITED PURPOSES DIRECTLY
RELATED TO OPERATION OF AN AIRPORT ACCESS MASS TRANSIT PROJECT, TEMPO-
RARY LAYDOWN AND CONSTRUCTION AREAS, AND AIR RIGHTS AND SUBSURFACE
RIGHTS RELATED TO AN ELEVATED GUIDEWAY, INCLUDING APPROPRIATE ENTRY AND
EXIT POINTS FOR USERS OF THE AIRPORT ACCESS MASS TRANSIT FACILITY AND
ANY PROPERTY INTERESTS NECESSARY FOR AN ADJUSTMENT OF THE PIERS SUPPORT-
ING THE PEDESTRIAN BRIDGES CROSSING THE GRAND CENTRAL PARKWAY TO MAIN-
TAIN ACCESSIBILITY, AND ANY VEHICLE ENTRY AND EXIT POINTS TO THE GRAND
CENTRAL PARKWAY LOCATED ALONG EITHER SIDE OF THE CORRIDOR, IN ALL CASES
RUNNING ALONG A ROUTE FROM LAGUARDIA AIRPORT ON OR NEAR THE GRAND
CENTRAL PARKWAY, THENCE ALONG THE EDGE OF THE CITI FIELD PARKING LOT
PREVIOUSLY ALIENATED FOR STADIUM USE, NEXT ALONGSIDE THE EXISTING
ELEVATED TRACK FOR THE NO. 7 SUBWAY AND TERMINATING AT SUBWAY RAIL YARDS
AND OTHER TRANSPORTATION STAGING AND STORAGE AREAS WITHIN A CORRIDOR
MORE SPECIFICALLY DEFINED PURSUANT TO SECTION THREE HUNDRED FORTY-NINE-G
OF THE HIGHWAY LAW; AND TO UTILIZE, OR SELL, LEASE, CONTRACT, OR OTHER-
WISE TRANSFER THE ACQUIRED PROPERTY INTERESTS TOGETHER WITH PROPERTY
INTERESTS IT OTHERWISE HOLDS AND/OR GRANT EASEMENTS, LICENSES, PERMITS,
CONCESSIONS OR OTHER AUTHORIZATIONS, TO THE PORT AUTHORITY OF NEW YORK
AND NEW JERSEY TO FACILITATE THE CONSTRUCTION (INCLUDING TEMPORARY
LAYDOWN), AND PERMANENT USE, OCCUPANCY, OPERATION, AND MAINTENANCE OF
THE AIRPORT ACCESS MASS TRANSIT FACILITY, RELATED ANCILLARY FACILITIES
FOR AIRPORT ACCESS MASS TRANSIT MAINTENANCE, PARKING FOR PERSONS USING
THE AIRPORT ACCESS MASS TRANSIT FACILITY AND ADDITIONAL LIMITED PURPOSES
DIRECTLY RELATED TO OPERATION OF AN AIRPORT ACCESS MASS TRANSIT PROJECT;
PROVIDED HOWEVER, THIS SUBDIVISION DOES NOT AUTHORIZE ACQUISITION OF
PROPERTY INTERESTS FOR A SELF-STANDING FACILITY CONSTRUCTED TO HOUSE
PREMISES FOR AUTOMOBILE RENTAL OPERATIONS.
§ 9. The highway law is amended by adding a new section 349-g to read
as follows:
§ 349-G. AIRPORT ACCESS MASS TRANSIT FOR LAGUARDIA AIRPORT. (A)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL, CHARTER OR
LOCAL, AND CONSISTENT WITH SECTION FOURTEEN-D OF THE TRANSPORTATION LAW,
IF A PROPERTY ACQUISITION PURSUANT TO THIS SECTION OCCURS BY EMINENT
DOMAIN, THE COMMISSIONER OF TRANSPORTATION SHALL HAVE THE AUTHORITY TO
ACQUIRE ANY PROPERTY, PROPERTY RIGHTS, OR PROPERTY INTERESTS, INCLUDING
EASEMENTS, AIR RIGHTS AND SUBSURFACE RIGHTS WHETHER OR NOT NOW OR PREVI-
S. 9097 7
OUSLY DESIGNATED AS PARKLAND OR OTHERWISE DEDICATED TO A PUBLIC USE AS
PARKLAND (HEREINAFTER REFERRED TO AS "PROPERTY INTERESTS"), BUT ONLY TO
THE EXTENT THAT SUCH PROPERTY INTERESTS ARE, IN THE JUDGMENT OF THE
COMMISSIONER, NECESSARY FOR THE CONSTRUCTION, USE, OCCUPANCY, OPERATION,
AND MAINTENANCE OF AN AIRPORT ACCESS MASS TRANSIT FACILITY VIA AN
ELEVATED GUIDEWAY FOR LAGUARDIA AIRPORT AND RELATED ANCILLARY FACILITIES
FOR AIRPORT ACCESS MASS TRANSIT MAINTENANCE, PARKING FOR PERSONS USING
THE AIRPORT ACCESS MASS TRANSIT FACILITY AND ADDITIONAL LIMITED PURPOSES
DIRECTLY RELATED TO OPERATION OF AN AIRPORT ACCESS MASS TRANSIT PROJECT
AND ADDITIONAL LIMITED PURPOSES DIRECTLY RELATED TO THE OPERATION OF AN
AIRPORT ACCESS MASS TRANSIT PROJECT, TEMPORARY LAYDOWN AND CONSTRUCTION
AREAS AND AIR RIGHTS AND SUBSURFACE RIGHTS RELATED TO AN ELEVATED GUIDE-
WAY, INCLUDING APPROPRIATE ENTRY AND EXIT POINTS FOR USERS OF THE
AIRPORT ACCESS MASS TRANSIT FACILITY AND ANY PROPERTY INTERESTS NECES-
SARY FOR AN ADJUSTMENT OF THE PIERS SUPPORTING THE PEDESTRIAN BRIDGES
CROSSING THE GRAND CENTRAL PARKWAY TO MAINTAIN ACCESSIBILITY, AND ANY
VEHICLE ENTRY AND EXIT POINTS TO THE GRAND CENTRAL PARKWAY LOCATED ALONG
EITHER SIDE OF THE CORRIDOR, RUNNING ALONG A ROUTE FROM LAGUARDIA
AIRPORT ON OR NEAR THE GRAND CENTRAL PARKWAY, THENCE ALONG THE EDGE OF
THE CITI FIELD PARKING LOT PREVIOUSLY ALIENATED FOR STADIUM USE, NEXT
ALONGSIDE THE EXISTING ELEVATED TRACK FOR THE NO. 7 SUBWAY AND TERMINAT-
ING AT SUBWAY RAIL YARDS AND OTHER TRANSPORTATION STAGING AND STORAGE
AREAS WITHIN A CORRIDOR MORE SPECIFICALLY DEFINED PURSUANT TO SUBDIVI-
SION (B) OF THIS SECTION; AND TO UTILIZE OR SELL, LEASE, CONTRACT, OR
OTHERWISE TRANSFER THE ACQUIRED PROPERTY INTERESTS TOGETHER WITH PROPER-
TY INTERESTS THE COMMISSIONER OTHERWISE HOLDS AND/OR GRANT EASEMENTS,
LICENSES, PERMITS, CONCESSIONS OR OTHER AUTHORIZATIONS, TO THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY, TO FACILITATE THE CONSTRUCTION
(INCLUDING TEMPORARY LAYDOWN), AND PERMANENT USE, OCCUPANCY, OPERATION,
AND MAINTENANCE OF THE AIRPORT ACCESS MASS TRANSIT FACILITY AND RELATED
ANCILLARY FACILITIES FOR AIRPORT ACCESS TRANSIT MAINTENANCE, PARKING FOR
PERSONS USING THE AIRPORT ACCESS TRANSIT FACILITY AND ADDITIONAL LIMITED
PURPOSES DIRECTLY RELATED TO OPERATION OF AN AIRPORT ACCESS MASS TRANSIT
PROJECT, AND ADDITIONAL LIMITED PURPOSES DIRECTLY RELATED TO OPERATION
OF AN AIRPORT ACCESS MASS TRANSIT PROJECT INCLUDING APPROPRIATE ENTRY
AND EXIT POINTS FOR USERS OF THE MASS TRANSIT FACILITY AND ANY PROPERTY
INTERESTS NECESSARY FOR AN ADJUSTMENT OF THE PIERS SUPPORTING THE PEDES-
TRIAN BRIDGES CROSSING THE GRAND CENTRAL PARKWAY TO MAINTAIN ACCESSIBIL-
ITY, AND ANY VEHICLE ENTRY AND EXIT POINTS TO THE GRAND CENTRAL PARKWAY
LOCATED ALONG EITHER SIDE OF THE CORRIDOR, AND TEMPORARY USE FOR LAYDOWN
AND CONSTRUCTION PURPOSES; PROVIDED HOWEVER, THIS SECTION DOES NOT
AUTHORIZE ACQUISITION OF PROPERTY INTERESTS FOR A SELF-STANDING FACILITY
CONSTRUCTED TO HOUSE PREMISES FOR AUTOMOBILE RENTAL OPERATIONS.
(B) THE CORRIDOR DEFINED IN SUBDIVISION (A) OF THIS SECTION, WHERE THE
ACQUISITION OF SUCH PROPERTY, PROPERTY RIGHTS, OR PROPERTY INTERESTS
REFERRED TO IN THIS SECTION MAY OCCUR, IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
(I) THE FOLLOWING PARCELS SHALL BE INCLUDED WITHIN A CORRIDOR WITHIN
WHICH ACQUISITION OF PERMANENT PROPERTY INTERESTS MAY BE ACQUIRED FOR
PURPOSES OF THIS SECTION AND PARAGRAPH D OF SUBDIVISION ONE OF SECTION
FOURTEEN-D OF THE TRANSPORTATION LAW:
(A) PARCEL A
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
TRACT 1 - GRAND CENTRAL PARKWAY
S. 9097 8
BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF DITMARS BOULE-
VARD AT THE SOUTHWEST CORNER OF TAX MAP LOT 50 BLOCK 1641, THENCE ALONG
A LINE NORTH 15°-10'-31" EAST, A DISTANCE OF 493.53' TO A POINT WITHIN
THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926, AND FROM SAID POINT OF
BEGINNING RUNNING THENCE:
1. WITHIN THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY SOUTH
07°-53'-31" EAST, A DISTANCE OF 114.46' TO A POINT WITHIN THE WESTBOUND
LANES OF THE GRAND CENTRAL PARKWAY
2. WITHIN THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY SOUTH
39°-25'-56" EAST, A DISTANCE OF 338.44' TO A POINT IN THE WESTBOUND
LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
3. WITHIN SAID LANDS THE FOLLOWING SIX COURSES; SOUTH 34°-46'-30"
EAST, A DISTANCE OF 596.00' TO A POINT IN THE WESTBOUND LANES OF THE
GRAND CENTRAL PARKWAY, THENCE;
4. SOUTH 32°-52'-42" EAST, A DISTANCE OF 284.58' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
5. SOUTH 31°-22'-20" EAST, A DISTANCE OF 270.24' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
6. SOUTH 31°-20'-42" EAST, A DISTANCE OF 561.27' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
7. SOUTH 31°-24'-15" EAST, A DISTANCE OF 479.68' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
8. SOUTH 34°-12'-57" EAST, A DISTANCE OF 122.82' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
9. WITHIN SAID LANDS AND THROUGH THE WESTBOUND LANES OF THE GRAND
CENTRAL PARKWAY SOUTH 47°-22'-46" WEST, A DISTANCE OF 81.54' TO A POINT
IN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
10. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
TO THE LEFT, HAVING A RADIUS OF 1795.88', AN ARC LENGTH OF 814.04', A
CENTRAL ANGLE OF 25°-58'-16", AND WHOSE CHORD BEARS SOUTH 49°-41'-11"
EAST, A DISTANCE OF 807.08' TO A POINT IN THE EASTBOUND LANES OF THE
GRAND CENTRAL PARKWAY, THENCE;
11. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
TO THE RIGHT, HAVING A RADIUS OF 4175.45', AN ARC LENGTH OF 369.28', A
CENTRAL ANGLE OF 05°-04'-02", AND WHOSE CHORD BEARS SOUTH 60°-46'-11"
EAST, A DISTANCE OF 369.16' TO A POINT IN THE EASTBOUND LANES OF THE
GRAND CENTRAL PARKWAY, THENCE;
12. THROUGH THE WESTBOUND LANES OF GRAND CENTRAL PARKWAY AND WATERS OF
FLUSHING BAY NORTH 18°-38'-40" EAST, A DISTANCE OF 1016.75' TO A POINT
IN THE WATERS OF FLUSHING BAY, THENCE;
13. WITHIN THE WATERS OF FLUSHING BAY NORTH 45°-38'-00" WEST, A
DISTANCE OF 2406.73' TO A POINT IN THE WATERS OF FLUSHING BAY SAID POINT
ALSO BEING IN THE SOUTHERLY LINE OF TAX MAP LOT 1 BLOCK 926, THENCE;
14. ALONG THE SOUTHERLY LINE OF TAX MAP LOT 1 BLOCK 926 SOUTH
40°-14'-47" WEST, A DISTANCE OF 458.89' TO A POINT IN THE WESTERLY LINE
OF TAX MAP LOT 1 BLOCK 926, THENCE;
15. ALONG THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926 NORTH
39°-47'-03" WEST, A DISTANCE OF 685.00' TO A POINT IN THE WESTERLY LINE
OF TAX MAP LOT 1 BLOCK 926, THENCE;
16. ALONG THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926 ON A CURVE TO
THE LEFT, HAVING A RADIUS OF 9711.30', AN ARC LENGTH OF 342.94', A
CENTRAL ANGLE OF 02°-01'-24", AND WHOSE CHORD BEARS NORTH 40°-47'-45"
WEST, A DISTANCE OF 342.93' TO A POINT IN THE WESTERLY LINE OF TAX MAP
LOT 1 BLOCK 926 ALSO THE POINT AND PLACE OF BEGINNING AND CONTAINING A
CALCULATED AREAS OF 2,388,737.04 SF OR 54.837 ACRES.
(B) PARCEL B
S. 9097 9
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE GRAND CENTRAL
PARKWAY, BOROUGH OF QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
WAY LINE OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE OF ROOSE-
VELT AVENUE, THENCE ALONG A LINE NORTH 23°-03'-48" EAST, A DISTANCE OF
575.33' TO A POINT WITHIN THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
1. THROUGH THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
TO THE RIGHT, HAVING A RADIUS OF 1200', AN ARC LENGTH OF 472.65', A
CENTRAL ANGLE OF 22°-34'-02", AND WHOSE CHORD BEARS NORTH 46°-30'-24"
WEST, A DISTANCE OF 469.60' TO A POINT IN THE MEDIAN OF THE GRAND
CENTRAL PARKWAY, THENCE;
2. WITHIN SAID LANDS THE FOLLOWING THREE COURSES, NORTH 07°-32'-34"
WEST, A DISTANCE OF 806.64' TO A POINT IN THE MEDIAN OF THE GRAND
CENTRAL PARKWAY, THENCE;
3. ON A CURVE TO THE LEFT, HAVING A RADIUS OF 956.60', AN ARC LENGTH
OF 1069.45', A CENTRAL ANGLE OF 64°-03'-18", AND WHOSE CHORD BEARS NORTH
33°-04'-05" WEST, A DISTANCE OF 1014.62' TO A POINT IN THE MEDIAN OF THE
GRAND CENTRAL PARKWAY, THENCE;
4. NORTH 61°-01'-46" WEST, A DISTANCE OF 279.45' TO A POINT IN THE
MEDIAN OF THE GRAND CENTRAL PARKWAY, SAID POINT ALSO BEING THE EASTERLY
LINE OF LANDS OWNED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION,
THENCE;
5. ALONG THE EASTERLY LINE OF SAME, NORTH 18°-38'-40" EAST, A DISTANCE
OF 1016.75' TO A POINT IN THE WATERS OF FLUSHING BAY, THENCE;
6. WITHIN THE WATERS OF FLUSHING BAY SOUTH 45°-38'-00" EAST, A
DISTANCE OF 1092.05' TO A POINT IN THE WATERS OF FLUSHING BAY, SAID
POINT ALSO BEING THE WESTERLY LINE OF TAX MAP LOT 65 BLOCK 789, THENCE;
7. ALONG THE WESTERLY LINE OF SAME SOUTH 05°-02'-52" EAST, A DISTANCE
OF 456.35' TO A POINT IN THE WESTERLY LINE OF TAX MAP LOT 65 BLOCK 789,
THENCE;
8. WITHIN THE GRAND CENTRAL PARKWAY SOUTH 04°-53'-32" WEST, A DISTANCE
OF 1348.61' TO A POINT IN THE MEDIAN OF THE GRAND CENTRAL PARKWAY,
THENCE;
9. THROUGH THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY SOUTH
28°-11'-29" EAST, A DISTANCE OF 427.88' TO A POINT WITHIN THE WESTERLY
LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
10. ALONG THE WESTERLY LINE OF SAME, SOUTH 05°-00'-28" EAST, A
DISTANCE OF 133.39 TO THE POINT AND PLACE OF BEGINNING AND CONTAINING A
CALCULATED AREAS OF 1,375,044.58 SF OR 31.566 ACRES.
(C) PARCEL C
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
WAY LINE OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE OF ROOSE-
VELT AVENUE, THENCE ALONG A LINE NORTH 23°-03'-48" EAST, A DISTANCE OF
575.33' TO A POINT WITHIN THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
1. ALONG THE WESTERLY LINE OF SAME, NORTH 05°-00'-28" WEST, A DISTANCE
OF 133.39 TO A POINT WITHIN THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
1787, THENCE;
2. WITHIN TAX MAP LOT 20 BLOCK 1787, SOUTH 59°-56'-38" EAST, A
DISTANCE OF 584.20' TO A POINT IN LOT 20 BLOCK 1787, THENCE;
S. 9097 10
3. THROUGH TAX MAP LOT 20 BLOCK 1787 AND ROOSEVELT AVENUE, SOUTH
86°-10'-42" EAST, A DISTANCE OF 420.78' TO A POINT IN TAX MAP LOT 1500
BLOCK 2018, THENCE;
4. WITHIN SAID LANDS, NORTH 68°-23'-55" EAST, A DISTANCE OF 607.27' TO
A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
5. WITHIN SAID LANDS, NORTH 21°-35'-11" WEST, A DISTANCE OF 16.75' TO
A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
6. ALONG THE SOUTHERLY LINE OF SAME, NORTH 68°-25'-28" EAST, A
DISTANCE OF 1025.26' TO A POINT FORMED BY THE INTERSECTION OF THE EAST-
ERLY RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT OF WAY
LINE OF ROOSEVELT AVENUE, THENCE;
7. ALONG THE EASTERLY RIGHT OF WAY LINE OF 126TH STREET, SOUTH
21°-35'-11" EAST, A DISTANCE OF 259.05' TO A POINT IN THE EASTERLY RIGHT
OF WAY LINE OF 126TH STREET, THENCE;
8. ALONG THE NORTHERLY LINE OF TAX MAP LOT 1000 BLOCK 2018, SOUTH
68°-25'-28" WEST, A DISTANCE OF 610.51' TO A POINT IN THE NORTHERLY LINE
OF TAX MAP LOT 1000 BLOCK 2018, THENCE;
9. ALONG THE NORTHERLY LINE OF SAME, SOUTH 68°-30'-37" WEST, A
DISTANCE OF 230.61' TO A POINT IN THE NORTHERLY LINE OF TAX MAP LOT 1000
BLOCK 2018, THENCE;
10. WITHIN TAX MAP LOT 1500 BLOCK 2018, NORTH 72°-41'-52" WEST, A
DISTANCE OF 207.77' TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
11. WITHIN TAX MAP LOT 1500 BLOCK 2018, SOUTH 68°-23'-55" WEST, A
DISTANCE OF 917.78' TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
12. THROUGH TAX MAP LOT 1500 BLOCK 2018 AND ROOSEVELT AVENUE AND TAX
MAP LOT 20 BLOCK 1787, NORTH 59°-56'-38" WEST, A DISTANCE OF 793.76' TO
THE POINT AND PLACE OF BEGINNING AND CONTAINING A CALCULATED AREAS OF
458,276.64 SF OR 10.520 ACRES.
(D) PARCEL D
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE INTERSECTION OF
THE EASTERLY RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT
OF WAY LINE OF ROOSEVELT AVENUE, AND FROM SAID POINT OF BEGINNING
RUNNING THENCE:
1. ALONG THE SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, NORTH
68°-30'-18" EAST, A DISTANCE OF 420.90' TO A POINT IN THE SOUTHERLY
RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
2. ALONG THE SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, NORTH
62°-00'-28" EAST, A DISTANCE OF 263.59' TO A POINT IN THE SOUTHERLY
RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
3. WITHIN TAX MAP LOT 300 BLOCK 2018 SOUTH 21°-35'-11" EAST, A
DISTANCE OF 244.87' TO A POINT IN LOT 300 BLOCK 2018, THENCE;
4. THROUGH TAX MAP LOT 300 BLOCK 2018 AND TAX MAP LOT 75 BLOCK 2018
SOUTH 68°-30'-18" WEST, A DISTANCE OF 682.85' TO A POINT IN THE EASTERLY
RIGHT OF WAY LINE OF 126TH STREET, THENCE;
5. ALONG THE EASTERLY RIGHT OF WAY LINE OF 126TH STREET, NORTH
21°-35'-11" WEST, A DISTANCE OF 215.05' TO A POINT IN THE EASTERLY RIGHT
OF WAY LINE OF 126TH STREET TO THE POINT AND PLACE OF BEGINNING AND
CONTAINING A CALCULATED AREAS OF 150,750.81 SF OR 3.46 ACRES.
(E) PARCEL E
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE INTERSECTION OF
THE WESTERLY RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT
OF WAY LINE OF ROOSEVELT AVENUE, THENCE ALONG THE WESTERLY RIGHT OF WAY
S. 9097 11
LINE OF 126TH STREET SOUTH 21°-35'-11" EAST, A DISTANCE OF 259.05' TO A
POINT WITHIN THE NORTHERLY LINE OF TAX MAP LOT 1000 BLOCK 2018, THENCE
ALONG THE NORTHERLY LINE OF TAX MAP LOT 1000 BLOCK 2018 SOUTH
68°-25'-28" WEST, A DISTANCE OF 610.51' TO A POINT WITHIN THE NORTHERLY
LINE OF LOT 1000 BLOCK 2018, AND FROM SAID POINT OF BEGINNING RUNNING
THENCE:
1. WITHIN TAX MAP LOT 1000 BLOCK 2018, SOUTH 05°-44'-59" WEST, A
DISTANCE OF 37.85' TO A POINT IN TAX MAP LOT 1000 BLOCK 2018, THENCE;
2. WITHIN SAID LANDS THE FOLLOWING TWO COURSES, SOUTH 21°-02'-11"
EAST, A DISTANCE OF 96.44' TO A POINT IN TAX MAP LOT 1000 BLOCK 2018,
THENCE;
3. SOUTH 47°-44'-48" EAST, A DISTANCE OF 127.09' TO A POINT IN TAX MAP
LOT 1000 BLOCK 2018, THENCE;
4. THROUGH TAX MAP LOT 1000 BLOCK 2018 AND TAX MAP LOT 350R BLOCK 2018
SOUTH 38°-51'-17" EAST, A DISTANCE OF 330.15' TO A POINT IN THE NORTHER-
LY LINE OF TAX MAP LOT 300R BLOCK 2018, THENCE;
5. ALONG THE NORTHERLY LINE OF TAX MAP LOT 300R BLOCK 2018 SOUTH
65°-11'-49" WEST, A DISTANCE OF 182.95' TO A POINT IN THE NORTHERLY LINE
OF TAX MAP LOT 300R BLOCK 2018, THENCE;
6. THROUGH TAX MAP LOT 350R BLOCK 2018 AND TAX MAP LOT 1000 BLOCK 2018
NORTH 38°-51'-17" WEST, A DISTANCE OF 556.87' TO A POINT WITHIN TAX MAP
LOT 1000 BLOCK 2018, THENCE;
7. WITHIN TAX MAP LOT 1000 BLOCK 2018 NORTH 47°-13'-34" WEST, A
DISTANCE OF 42.46' TO A POINT ALONG THE SOUTHERLY LINE OF TAX MAP LOT
1500 BLOCK 2018, THENCE;
8. ALONG THE SOUTHERLY LINE OF TAX MAP LOT 1500 BLOCK 2018 NORTH
68°-30'-37" EAST, A DISTANCE OF 230.61' TO THE POINT AND PLACE OF BEGIN-
NING AND CONTAINING A CALCULATED AREAS OF 104,235.19 SF OR 2.392 ACRES.
(II) THE FOLLOWING PARCELS SHALL BE INCLUDED WITHIN A CORRIDOR WITHIN
WHICH ACQUISITION OF TEMPORARY PROPERTY INTERESTS MAY BE ACQUIRED FOR
PURPOSES OF THIS SECTION THREE HUNDRED FORTY-NINE-G AND PARAGRAPH D OF
SUBDIVISION ONE OF SECTION FOURTEEN-D OF THE TRANSPORTATION LAW:
(A) PARCEL A
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF DITMARS BOULE-
VARD AT THE SOUTHWEST CORNER OF TAX MAP LOT 50 BLOCK 1641, THENCE ALONG
A LINE NORTH 12°-36'-04" EAST, A DISTANCE OF 509.49' TO A POINT WITHIN
THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926, AND FROM SAID POINT OF
BEGINNING RUNNING THENCE:
1. WITHIN THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY SOUTH
07°-53'-31" EAST, A DISTANCE OF 141.88' TO A POINT IN THE WESTBOUND
LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
2. WITHIN THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY SOUTH
39°-25'-56" EAST, A DISTANCE OF 342.06' TO A POINT IN THE WESTBOUND
LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
3. WITHIN SAID LANDS THE FOLLOWING SIX COURSES; SOUTH 34°-46'-30"
EAST, A DISTANCE OF 595.14' TO A POINT IN THE WESTBOUND LANES OF THE
GRAND CENTRAL PARKWAY, THENCE;
4. SOUTH 32°-52'-42" EAST, A DISTANCE OF 284.13' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
5. SOUTH 31°-22'-20" EAST, A DISTANCE OF 270.04' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
6. SOUTH 31°-20'-42" EAST, A DISTANCE OF 561.27' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
S. 9097 12
7. SOUTH 31°-24'-15" EAST, A DISTANCE OF 480.06' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
8. SOUTH 34°-13'-04" EAST, A DISTANCE OF 110.24' TO A POINT IN THE
WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
9. THROUGH THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY SOUTH
47°-22'-46" WEST, A DISTANCE OF 82.07", TO A POINT IN THE EASTBOUND
LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
10. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
TO THE LEFT, HAVING A RADIUS OF 1778.30', AN ARC LENGTH OF 834.73', A
CENTRAL ANGLE OF 26°-53'-40", AND WHOSE CHORD BEARS SOUTH 49°-28'-25"
EAST, A DISTANCE OF 827.08' TO A POINT IN THE EASTBOUND LANES OF THE
GRAND CENTRAL PARKWAY, THENCE;
11. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
TO THE RIGHT, HAVING A RADIUS OF 4238.74", AN ARC LENGTH OF 371.50', A
CENTRAL ANGLE OF 05°-01'-18", AND WHOSE CHORD BEARS SOUTH 60°-46'-13"
EAST, A DISTANCE OF 371.38' TO A POINT IN THE EASTBOUND LANES OF THE
GRAND CENTRAL PARKWAY, THENCE;
12. THROUGH THE WESTBOUND LANES OF GRAND CENTRAL PARKWAY AND WATERS OF
FLUSHING BAY NORTH 18°-38'-40" EAST, A DISTANCE OF 1054.19' TO A POINT
IN THE WATERS OF FLUSHING BAY, THENCE;
13. WITHIN THE WATERS OF FLUSHING BAY NORTH 45°-38'-00" WEST, A
DISTANCE OF 2330.21' TO A POINT IN THE WATERS OF FLUSHING BAY SAID POINT
ALSO BEING IN THE SOUTHERLY LINE OF TAX MAP LOT 1 BLOCK 926, THENCE;
14. ALONG THE SOUTHERLY LINE OF TAX MAP LOT 1 BLOCK 926 NORTH
62°-16'-56" WEST, A DISTANCE OF 69.81' TO A POINT IN THE SOUTHERLY LINE
OF TAX MAP LOT 1 BLOCK 926, THENCE;
15. ALONG THE SOUTHERLY LINE OF TAX MAP LOT 1 BLOCK 926 SOUTH
40°-14'-47" WEST, A DISTANCE OF 458.89' TO A POINT IN THE WESTERLY LINE
OF TAX MAP LOT 1 BLOCK 926, THENCE;
16. ALONG THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926 NORTH
39°-47'-03" WEST, A DISTANCE OF 685.00' TO A POINT IN THE WESTERLY LINE
OF TAX MAP LOT 1 BLOCK 926, THENCE;
17. ALONG THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926 ON A CURVE TO
THE LEFT, HAVING A RADIUS OF 9711.30', AN ARC LENGTH OF 342.94', A
CENTRAL ANGLE OF 02°-01'-24", AND WHOSE CHORD BEARS NORTH 40°-47'-45"
WEST, A DISTANCE OF 342.93' TO A POINT IN THE WESTERLY LINE OF TAX MAP
LOT 1 BLOCK 926, THENCE;
18. ALONG THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926 NORTH
40°-47'-45" WEST, A DISTANCE OF 27.61' TO A POINT IN THE WESTERLY LINE
OF TAX MAP LOT 1 BLOCK 926, ALSO THE POINT AND PLACE OF BEGINNING AND
CONTAINING A CALCULATED AREAS OF 2,497,386.76 SF OR 57.332 ACRES.
(B) PARCEL B
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE GRAND CENTRAL
PARKWAY, BOROUGH OF QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
WAY LINE OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE OF ROOSE-
VELT AVENUE, THENCE ALONG A LINE NORTH 24°-39'-00" EAST, A DISTANCE OF
547.13' TO A POINT WITHIN THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
1. THROUGH THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY SOUTH
77°-38'-22" WEST, A DISTANCE OF 287.24', TO A POINT WITHIN THE MEDIAN OF
THE GRAND CENTRAL PARKWAY, THENCE;
2. WITHIN THE MEDIAN OF THE GRAND CENTRAL PARKWAY THE FOLLOWING TWO
COURSES; NORTH 10°35'14" WEST, A DISTANCE OF 1045.10', TO A POINT IN THE
MEDIAN OF THE GRAND CENTRAL PARKWAY, THENCE;
S. 9097 13
3. WITHIN THE GRAND CENTRAL PARKWAY ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 1993.67', AN ARC LENGTH OF 1428.31', A CENTRAL ANGLE OF
41°02'53", AND WHOSE CHORD BEARS NORTH 33°54'06" WEST, A DISTANCE OF
1397.96', TO A POINT IN THE EASTBOUND LANES OF THE GRAND CENTRAL PARK-
WAY, SAID POINT ALSO BEING THE EASTERLY LINE OF LANDS OWNED BY THE NEW
YORK STATE DEPARTMENT OF TRANSPORTATION, THENCE;
4. ALONG THE EASTERLY LINE OF LANDS OWNED BY THE NEW YORK STATE
DEPARTMENT OF TRANSPORTATION, NORTH 18°-38'-40" EAST, A DISTANCE OF
1054.19' TO A POINT WITHIN THE WATERS OF FLUSHING BAY, THENCE;
5. WITHIN THE WATERS OF FLUSHING BAY SOUTH 45°-38'-00" EAST, A
DISTANCE OF 1109.08', TO A POINT IN THE WATERS OF FLUSHING BAY, SAID
POINT ALSO BEING WITHIN TAX MAP LOT 65 BLOCK 1789, THENCE;
6. WITHIN THE WATERS OF FLUSHING BAY SOUTH 05°-02'-53" EAST, A
DISTANCE OF 465.40', TO A POINT WITHIN TAX MAP LOT 65 BLOCK 1789,
THENCE;
7. WITHIN THE GRAND CENTRAL PARKWAY SOUTH 04°-53'-30" WEST, A DISTANCE
OF 1336.32', TO A POINT IN THE MEDIAN OF THE GRAND CENTRAL PARKWAY,
THENCE;
8. THROUGH THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, SOUTH
76°-53'-58" EAST, A DISTANCE OF 198.10', TO A POINT IN THE WESTERLY LINE
OF TAX MAP LOT 20 BLOCK 1787, THENCE;
9. ALONG THE WESTERLY LINE OF SAME, THE FOLLOWING THREE COURSES; SOUTH
03°-28'-07" WEST, A DISTANCE OF 240.75', TO A POINT IN THE WESTERLY LINE
OF TAX MAP LOT 20 BLOCK 1787, THENCE;
10. SOUTH 01°-26'-38" EAST, A DISTANCE OF 104.30', TO A POINT IN THE
WESTERLY LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
11. SOUTH 05°-00'-28" EAST, A DISTANCE OF 165.58', TO THE POINT AND
PLACE OF BEGINNING AND CONTAINING A CALCULATED AREAS OF 1,699,154.25 SF
OR 39.007 ACRES.
(C) PARCEL C
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
WAY LINE OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE OF ROOSE-
VELT AVENUE, THENCE ALONG A LINE NORTH 24°-39'-00" EAST, A DISTANCE OF
547.13' TO A POINT WITHIN THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
1. ALONG THE WESTERLY LINE OF SAME THE FOLLOWING TWO COURSE; NORTH
05°-00'-28" WEST, A DISTANCE OF 165.58', TO A POINT WITHIN THE WESTERLY
LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
2. NORTH 01°-26'-38" WEST, A DISTANCE OF 104.30', TO A POINT WITHIN
THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
3. WITHIN TAX MAP LOT 20 BLOCK 1787, SOUTH 59°-56'-38" EAST, A
DISTANCE OF 163.06', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
4. WITHIN TAX MAP LOT 20 BLOCK 1787, NORTH 68°-47'-17" EAST, A
DISTANCE OF 198.49', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
5. WITHIN TAX MAP LOT 20 BLOCK 1787, SOUTH 22°-21'-18" EAST, A
DISTANCE OF 381.93', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
6. WITHIN TAX MAP LOT 20 BLOCK 1787, SOUTH 59°-56'-38" EAST, A
DISTANCE OF 48.54', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
7. THROUGH TAX MAP LOT 20 BLOCK 1787 AND ROOSEVELT AVENUE, SOUTH
86°-10'-42" EAST, A DISTANCE OF 398.17', TO A POINT IN THE NORTHERLY
LINE OF TAX MAP LOT 1500 BLOCK 2018, SAID POINT ALSO BEING IN THE SOUTH-
ERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
S. 9097 14
8. ALONG THE SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE NORTH
68°-23'-55" EAST, A DISTANCE OF 609.39', TO A POINT IN THE SOUTHERLY
RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
9. WITHIN ROOSEVELT AVENUE, NORTH 21°-35'-11" WEST, A DISTANCE OF
10.14', TO A POINT WITHIN ROOSEVELT AVENUE, THENCE;
10. WITHIN ROOSEVELT AVENUE NORTH 68°-25'-28" EAST, A DISTANCE OF
1035.26', TO A POINT WITHIN ROOSEVELT AVENUE, THENCE;
11. WITHIN ROOSEVELT AVENUE AND ALONG THE EASTERLY RIGHT OF WAY LINE
OF 126TH STREET, SOUTH 21°-35'-11" EAST, A DISTANCE OF 289.03', TO A
POINT WITHIN TAX MAP LOT 1000 BLOCK 2018, THENCE;
12. WITHIN TAX MAP LOT 1000 BLOCK 2018, SOUTH 68°-25'-28" WEST, A
DISTANCE OF 620.84', TO A POINT IN TAX MAP LOT 1000 BLOCK 2018, THENCE;
13. WITHIN TAX MAP LOT 1000 BLOCK 2018 NORTH 05°-44'-59" EAST, A
DISTANCE OF 22.49', TO A POINT IN THE SOUTHERLY LINE OF TAX MAP LOT 1500
BLOCK 2018, THENCE;
14. ALONG THE SOUTHERLY LINE OF SAME, SOUTH 68°-30'-37" WEST, A
DISTANCE OF 241.71', TO A POINT IN THE SOUTHERLY LINE OF TAX MAP LOT
1500 BLOCK 2018, THENCE;
15. WITHIN TAX MAP LOT 1500 BLOCK 2018, NORTH 72°-41'-52" WEST, A
DISTANCE OF 175.88', TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
16. WITHIN TAX MAP LOT 1500 BLOCK 2018, SOUTH 68°-23'-55" WEST, A
DISTANCE OF 949.27', TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
17. THROUGH TAX MAP LOT 1500 BLOCK 2018 AND ROOSEVELT AVENUE AND TAX
MAP LOT 20 BLOCK 1787, NORTH 59°-56'-38" WEST, A DISTANCE OF 779.92', TO
THE POINT AND PLACE OF BEGINNING AND CONTAINING A CALCULATED AREAS OF
607,660.66 SF OR 13.949 ACRES.
(D) PARCEL D
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE INTERSECTION OF
THE EASTERLY RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT
OF WAY LINE OF ROOSEVELT AVENUE, THENCE ALONG A LINE NORTH 21°-35'-11"
WEST, A DISTANCE OF 10.00' TO A POINT WITHIN ROOSEVELT AVENUE AND FROM
SAID POINT OF BEGINNING RUNNING THENCE:
1. WITHIN THE RIGHT OF WAY OF ROOSEVELT AVENUE, NORTH 68°-30'-18"
EAST, A DISTANCE OF 420.35' TO A POINT IN THE RIGHT OF WAY OF ROOSEVELT
AVENUE, THENCE;
2. WITHIN THE RIGHT OF WAY OF ROOSEVELT AVENUE, NORTH 62°-00'-28"
EAST, A DISTANCE OF 264.15' TO A POINT IN THE RIGHT OF WAY OF ROOSEVELT
AVENUE, THENCE;
3. THROUGH ROOSEVELT AVENUE AND TAX MAP LOT 300 BLOCK 2018 SOUTH
21°-35'-11" EAST, A DISTANCE OF 254.94' TO A POINT IN LOT 300 BLOCK
2018, THENCE;
4. THROUGH TAX MAP LOT 300 BLOCK 2018 SOUTH 58°-00'-57" WEST, A
DISTANCE OF 386.69', TO A POINT IN THE SOUTHEASTERLY LINE OF TAX MAP LOT
75 BLOCK 2018, THENCE;
5. WITHIN TAX MAP LOT 75 BLOCK 2018 SOUTH 77°-57'-39" WEST, A DISTANCE
OF 162.28' TO A POINT IN TAX MAP LOT 75 BLOCK 2018, THENCE;
6. WITHIN TAX MAP LOT 75 BLOCK 2018 SOUTH 68°-23'-55" WEST, A DISTANCE
OF 142.47' TO A POINT IN TAX MAP LOT 75 BLOCK 2018, SAID POINT ALSO
BEING ALONG THE EASTERLY LINE OF 126TH STREET, THENCE;
7. ALONG THE EASTERLY RIGHT OF WAY LINE OF 126TH STREET, NORTH
21°-35'-11" WEST, A DISTANCE OF 269.04' TO THE POINT AND PLACE OF BEGIN-
NING AND CONTAINING A CALCULATED AREAS OF 186,365.46 SF OR 4.278 ACRES.
(E) PARCEL E
S. 9097 15
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE INTERSECTION OF
THE WESTERLY RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT
OF WAY LINE OF ROOSEVELT AVENUE, THENCE ALONG THE WESTERLY RIGHT OF WAY
LINE OF 126TH STREET SOUTH 21°-35'-11" EAST, A DISTANCE OF 259.05' TO A
POINT WITHIN THE NORTHERLY LINE OF TAX MAP LOT 1000 BLOCK 2018, THENCE
ALONG THE NORTHERLY LINE OF TAX MAP LOT 1000 BLOCK 2018 SOUTH
68°-25'-28" WEST, A DISTANCE OF 610.51' TO A POINT WITHIN THE NORTHERLY
LINE OF LOT 1000 BLOCK 2018, AND FROM SAID POINT OF BEGINNING RUNNING
THENCE:
1. WITHIN TAX MAP LOT 1000 BLOCK 2018, SOUTH 05°-44'-59" WEST, A
DISTANCE OF 37.84', TO A POINT IN TAX MAP LOT 1000 BLOCK 2018, THENCE;
2. WITHIN SAID LANDS THE FOLLOWING THREE COURSES, SOUTH 21°-02'-11"
EAST, A DISTANCE OF 96.44', TO A POINT IN TAX MAP LOT 1000 BLOCK 2018,
THENCE;
3. SOUTH 47°-44'-48" EAST, A DISTANCE OF 71.01', TO A POINT IN TAX MAP
LOT 1000 BLOCK 2018, THENCE;
4. NORTH 68°-23'-55" EAST, A DISTANCE OF 489.48', TO A POINT IN THE
NORTHERLY LINE OF TAX MAP LOT 350R BLOCK 2018, THENCE
5. WITHIN TAX MAP LOT 350R BLOCK 2018 THE FOLLOWING TWO COURSES, SOUTH
43°-22'-54" EAST, A DISTANCE OF 39.27', TO A POINT IN LOT 350R BLOCK
2018, THENCE;
6. SOUTH 42°-24'-34" WEST, A DISTANCE OF 391.74', TO A POINT IN THE
NORTHERLY LINE OF LOT 350R BLOCK 2018, THENCE;
7. THROUGH TAX MAP LOT 350R BLOCK 2018, SOUTH 46°-00'-42" EAST, A
DISTANCE OF 166.93', TO A POINT IN THE SOUTHERLY LINE OF LOT 350R BLOCK
2018, SAID POINT ALSO BEING IN THE NORTHERLY LINE OF LOT 300R BLOCK
2018, THENCE;
8. ALONG THE NORTHERLY LINE OF TAX MAP LOT 300R BLOCK 2018 SOUTH
65°-11'-49" WEST, A DISTANCE OF 556.87', TO A POINT IN THE NORTHERLY
LINE OF TAX MAP LOT 300R BLOCK 2018, THENCE;
9. THROUGH TAX MAP LOT 350R BLOCK 2018 AND TAX MAP LOT 1000 BLOCK
2018, NORTH 24°-48'-11" WEST, A DISTANCE OF 164.72', TO A POINT WITHIN
TAX MAP LOT 1000 BLOCK 2018, THENCE;
10. WITHIN TAX MAP LOT 1000 BLOCK 2018 THE FOLLOWING THREE COURSES;
NORTH 51°-08'-46" EAST, A DISTANCE OF 217.28', TO A POINT WITHIN TAX MAP
LOT 1000 BLOCK 2018, THENCE;
11. NORTH 38°-51'-17" WEST, A DISTANCE OF 329.46', TO A POINT WITHIN
TAX MAP LOT 1000 BLOCK 2018, THENCE;
12. NORTH 47°-13'-34" WEST, A DISTANCE OF 46.55' TO A POINT ALONG THE
SOUTHERLY LINE OF TAX MAP LOT 1500 BLOCK 2018, THENCE;
13. ALONG THE SOUTHERLY LINE OF TAX MAP LOT 1500 BLOCK 2018 NORTH
68°-30'-37" EAST, A DISTANCE OF 241.71' TO THE POINT AND PLACE OF BEGIN-
NING AND CONTAINING A CALCULATED AREAS OF 236,272.08 SF OR 5.424 ACRES.
(F) ANY PROPERTY INTERESTS NECESSARY FOR AN ADJUSTMENT OF THE PIERS
SUPPORTING THE PEDESTRIAN BRIDGES CROSSING THE GRAND CENTRAL PARKWAY TO
MAINTAIN ACCESSIBILITY, AND ANY VEHICLE ENTRY AND EXIT POINTS TO THE
GRAND CENTRAL PARKWAY LOCATED ALONG EITHER SIDE OF THE ABOVE DESCRIBED
CORRIDOR.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL,
CHARTER OR LOCAL, FOLLOWING ACQUISITION, THE COMMISSIONER OF TRANSPORTA-
TION MAY USE SUCH PROPERTY INTERESTS TOGETHER WITH PROPERTY INTERESTS
ALREADY OWNED OR HELD WITHIN THE CORRIDOR DESCRIBED IN SUBDIVISION (B)
OF THIS SECTION OR ENTER INTO CONTRACTS TO SELL, OR LEASE TO, CONTRACT
WITH OR OTHERWISE TRANSFER TO, AND/OR EXCHANGE WITH, AND/OR GRANT EASE-
S. 9097 16
MENTS, LICENSES, PERMITS, CONCESSIONS, OR OTHER AUTHORIZATIONS TO, THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY, TO CONSTRUCT (INCLUDING
UTILIZING TEMPORARY LAYDOWN AREAS), AND PERMANENTLY USE, OCCUPY, OPER-
ATE, AND MAINTAIN THE AIRPORT ACCESS MASS TRANSIT FACILITY, RELATED
ANCILLARY FACILITIES FOR AIRPORT ACCESS MASS TRANSIT MAINTENANCE, PARK-
ING FOR PERSONS USING THE AIRPORT ACCESS MASS TRANSIT FACILITY AND ADDI-
TIONAL LIMITED PURPOSES DIRECTLY RELATED TO OPERATION OF AN AIRPORT
ACCESS MASS TRANSIT PROJECT; PROVIDED HOWEVER, THIS SECTION DOES NOT
AUTHORIZE USE OF PROPERTY INTERESTS FOR A SELF-STANDING FACILITY
CONSTRUCTED TO HOUSE PREMISES FOR AUTOMOBILE RENTAL OPERATIONS; AND
PROVIDED FURTHER THAT, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
MAY, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL, CHAR-
TER OR LOCAL, TRANSFER ANY PROPERTY INTERESTS TO THE CITY OF NEW YORK,
IN ACCORDANCE WITH THE TERMS AND CONDITIONS FOR THE LEASE OF AIRPORT
PREMISES BY THE CITY OF NEW YORK TO THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY AND THE CITY OF NEW YORK MAY, FOLLOWING SUCH TRANSFER, LEASE-
BACK THE PROPERTY INTERESTS UNDER THOSE TERMS AND CONDITIONS.
(D) UPON COMPLETION OF ANY MODIFICATIONS TO THE GRAND CENTRAL PARKWAY,
THE COMMISSIONER OF TRANSPORTATION SHALL BY OFFICIAL ORDER TRANSFER
JURISDICTION OVER THE CENTRAL EXPRESS ARTERY AND ADJACENT LANDSCAPE
AREAS AND OVER ADJACENT SERVICE ROADS TO THE CITY OF NEW YORK AS SET
FORTH IN SUBDIVISION 3.4 OF SECTION THREE HUNDRED FORTY-NINE-C OF THIS
ARTICLE.
(E) AUTHORIZATION IS HEREBY GIVEN TO THE COMMISSIONER OF TRANSPORTA-
TION TO DO ALL THINGS NECESSARY, WITHIN THE JUDGMENT OF THE COMMISSION-
ER, TO CARRY OUT THE PURPOSES OF THIS SECTION.
(F) DURING THE CONSTRUCTION OF ANY AIRPORT ACCESS MASS TRANSIT FACILI-
TY FOR LAGUARDIA AIRPORT AND RELATED ANCILLARY FACILITIES ON ANY PROPER-
TY INTERESTS ACQUIRED PURSUANT TO THIS SECTION, SECTION FOURTEEN-D OF
THE TRANSPORTATION LAW, OR PURSUANT TO ANY OTHER SECTION OF LAW, THE
CONSTRUCTING PARTY SHALL PROVIDE FOR THE ON-GOING MONITORING OF
VIBRATIONS, NOISE AND AIR QUALITY DURING CONSTRUCTION.
(G) THE CONSTRUCTING PARTY SHALL ENSURE THE PROVISION OF JUST COMPEN-
SATION TO A PROPERTY OWNER OF ANY PROPERTY OR BUILDING WITHIN THE VICIN-
ITY OF THE CONSTRUCTION OF ANY AIRPORT ACCESS MASS TRANSIT FACILITY FOR
LAGUARDIA AIRPORT AND RELATED ANCILLARY FACILITIES THAT HAS BEEN PHYS-
ICALLY DAMAGED AS A RESULT OF ACTION TAKEN BY THE CONSTRUCTING PARTY OR
ITS AGENT DURING SUCH CONSTRUCTION, HOWEVER, NOTHING HEREIN SHALL ESTAB-
LISH A CAUSE OF ACTION FOR SUCH DAMAGES.
§ 10. (A) The use of any property, property rights, or property inter-
ests including easements, air rights and subsurface rights, acquired
pursuant to paragraph d of subdivision 1 of section 14-d of the trans-
portation law, as added by section eight of this act, for any essential
facilities necessary for the construction, operation, and maintenance of
an airport access mass transit facility for LaGuardia airport including:
temporary and permanent stairways; pedestrian walkways/bridges other
than the Passerelle; and vertical movement (i.e. elevators, escala-
tors); guideway superstructure, columns, and foundations; guideway and
station equipment such as track, third rail, walkways, handrails, noise
wall, lighting, blue light stations, CCTV, fare collection systems and
security equipment and provisions; facility ingress and egress installa-
tions; all utilities necessary for an airport access mass transit facil-
ity such as high and low voltage electric, grounding, natural gas,
water, sewer, drainage, cable, fiber, communication towers, antennae,
temporary utilities and miscellaneous utilities and services; utilities
facilities including, but not limited to, substations, transformers,
S. 9097 17
mechanical, and pumping facilities; temporary and permanent public
access roads, pedestrian bridges other than the Passerelle, sidewalks,
pathways, and traffic facilities; temporary and permanent security fenc-
ing, guard booths, CCTV systems, security equipment/provisions as well
as bollards and walls of various materials; landscaping features,
sustainable design installations, and mitigation elements required
through the environmental or regulatory approval process(es), or as a
result of recommendations from local community outreach; temporary and
permanent lighting fixtures including any aviation warning lights;
temporary infrastructure to support construction; temporary and perma-
nent signage and signage structures; temporary and permanent facilities
and buildings such as operations, storage and maintenance facilities,
passenger stations, as well as other miscellaneous support facilities
and buildings, which include all equipment required to provide a fully
functional installation including elements such as oil separation, fuel
storage, vehicle cleaning, backup power systems, and other associated
equipment; corrosion and erosion control monitoring and mitigating
installations; temporary parking during construction and parking for
employees of an access mass transit facility; concessions and small
business facilities; temporary construction equipment and facilities;
public announcement and other annunciating equipment and facilities;
temporary storage facilities; temporary and permanent systems support
installations (i.e. communications and train control); lightning
protection installation; storage facilities to support the airport
access mass transit facility and airport operations; all interfaces with
the NYCT 7 line and MTA/LIRR; all rearrangements related to MTA bus and
rail operations at Willets Point; alternative/sustainable energy systems
(i.e. solar panels, electric vehicle charging stations, energy storage,
etc.); waste/refuse storage and processing associated with airport
access mass transit facility operations (i.e. trash compactors and dump-
sters); storm water treatment and storage facilities (above and/or
underground); and flood mitigation installations shall be authorized.
(B) The use of any property, property rights, or property interests
including easements, air rights and subsurface rights acquired pursuant
to paragraph d of subdivision 1 of section 14-d of the transportation
law, as added by section eight of this act, for any nonessential facili-
ties including: permanent parking facilities; and other nonessential
facilities not directly related to the construction, operation, and
maintenance of an airport access mass transit facility for LaGuardia
airport and not necessary for such facility's operation shall be author-
ized only upon the condition that a memorandum of understanding is
executed between the Mayor of the City of New York and the port authori-
ty of New York and New Jersey.
(C) The acquisition of any property, property rights, or property
interests including easements, air rights and subsurface rights author-
ized pursuant to paragraph d of subdivision 1 of section 14-d of the
transportation law, as added by section eight of this act, shall take
effect only upon the condition that a memorandum of understanding is
executed between the mayor of the city of New York and the port authori-
ty of New York and New Jersey for the renovation of the Passerelle
bridge and the interfaces with the Passerelle structures.
§ 11. If property interests acquired on real property currently desig-
nated as parkland or that is currently used for park purposes pursuant
to the authorization contained in this act are not used within fifteen
years of their acquisition or shall ever be used for a purpose other
than for the use authorized pursuant to this act, such property shall
S. 9097 18
revert back to the city of New York department of parks and recreation
to be used for park and recreational purposes or for the purposes that
are consistent with those provided by chapter 729 of the laws of 1961.
§ 12. New York City shall dedicate an amount equal to or greater than
the fair market value received from the department of transportation's
acquisition of parklands pursuant to the authorization in paragraph d of
subdivision 1 of section 14-d of the transportation law, as added by
section eight of this act, toward the acquisition of new parkland and/or
capital improvements to existing parkland and recreational facilities
provided, however, that if any such parkland is waterfront parkland the
fair market value may only be used for the acquisition of new waterfront
parklands and/or capital improvements to existing waterfront parkland
and recreational facilities.
§ 13. Subdivision 9 of section 2852 of the education law, as amended
by section 2 of subpart A of part B of chapter 20 of the laws of 2015,
is amended to read as follows:
9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the board of
regents upon application directly to the board of regents or on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section. [Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one million
or more.] The failure of any body to issue the regulations authorized
pursuant to this article shall not affect the authority of a charter
entity to propose a charter to the board of regents or the board of
regents' authority to grant such charter. A conversion of an existing
public school to a charter school, or the renewal or extension of a
charter approved by any charter entity, shall not be counted toward the
numerical limits established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated [on or
before July first, two thousand fifteen], including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision[, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph].
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen[; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
S. 9097 19
subdivision, as amended by a chapter of the laws of two thousand fifteen
which added this paragraph].
§ 14. Subdivision 2 of section 3204 of the education law, as amended
by section 1 of part SSS of chapter 59 of the laws of 2018, is amended
to read as follows:
2. Quality and language of instruction; text-books. (i) Instruction
may be given only by a competent teacher. In the teaching of the
subjects of instruction prescribed by this section, English shall be the
language of instruction, and text-books used shall be written in
English, except that for a period of three years, which period may be
extended by the commissioner with respect to individual pupils, upon
application therefor by the appropriate school authorities, to a period
not in excess of six years, from the date of enrollment in school,
pupils who, by reason of foreign birth or ancestry have limited English
proficiency, shall be provided with instructional programs as specified
in subdivision two-a of this section and the regulations of the commis-
sioner. The purpose of providing such pupils with instruction shall be
to enable them to develop academically while achieving competence in the
English language. Instruction given to a minor elsewhere than at a
public school shall be at least substantially equivalent to the instruc-
tion given to minors of like age and attainments at the public schools
of the city or district where the minor resides.
(ii) For purposes of considering substantial equivalence pursuant to
this subdivision for nonpublic elementary and middle schools that are:
(1) non-profit corporations, (2) have a bi-lingual program, and (3) have
an educational program that extends from no later than nine a.m. until
no earlier than four p.m. for grades one through [three, and no earlier
than five thirty p.m. for grades four through] eight, on the majority of
weekdays TO MEET THE REQUIREMENTS OF THIS SECTION, the department shall
consider the following, but not limited to: if the curriculum provides
academically rigorous instruction that develops critical thinking skills
in the school's students, taking into account the entirety of the
curriculum, over the course of elementary and middle school, including
instruction in English [that will] TO prepare pupils to read fiction and
nonfiction text for information and to use that information to construct
written essays that state a point of view or support an argument;
instruction in mathematics [that will] TO prepare pupils to solve real
world problems using both number sense and fluency with mathematical
functions and operations; instruction in history [by being able] TO
PREPARE PUPILS to interpret and analyze primary text to identify and
explore important events in history, to construct written arguments
using the supporting information they get from primary source material,
demonstrate an [understating] UNDERSTANDING of the role of geography and
economics in the actions of world civilizations, and an understanding of
civics and the responsibilities of citizens in world communities; and
instruction in science [by learning] TO TEACH PUPILS how to gather,
analyze and interpret observable data to make informed decisions and
solve problems mathematically, using deductive and inductive reasoning
to support a hypothesis, and how to differentiate between correlational
and causal relationships.
(iii) For purposes of considering substantial equivalence pursuant to
this subdivision for nonpublic high schools that: (1) are established
for pupils in high school who have graduated from an elementary school
that provides instruction as described in this section, (2) are a non-
profit corporation, (3) have a bi-lingual program, and (4) have an
educational program that extends from no later than nine a.m. until no
S. 9097 20
earlier than [six] FOUR-THIRTY p.m. on the majority of weekdays TO MEET
THE REQUIREMENTS OF THIS SECTION the department shall consider the
following but not limited to: if the curriculum provides academically
rigorous instruction that develops critical thinking skills in the
school's students, the outcomes of which, taking into account the
entirety of the curriculum, result in a sound basic education.
(iv) Nothing herein shall be construed to entitle or permit any school
to receive an increase in mandated services aid pursuant to 8 NYCRR 176
on account of providing a longer school day.
(v) [The commissioner shall be the entity that determines whether
nonpublic elementary and secondary schools are in compliance with the
academic requirements set forth in paragraphs (ii) and (iii) of this
subdivision.] IN DETERMINING COMPLIANCE WITH THE ACADEMIC REQUIREMENTS
SET FORTH IN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION, THE COMMIS-
SIONER SHALL DESIGNATE AN ENTITY OR ENTITIES WITH EXPERTISE IN THE
CURRICULUM OF THE SCHOOLS DESCRIBED IN PARAGRAPHS (II) AND (III) OF THIS
SUBDIVISION TO EVALUATE THE SCHOOLS' COMPLIANCE WITH SAID REQUIREMENTS,
AND SHALL DEFER TO SUCH ENTITY'S EXPERTISE IN MAKING SUCH EVALUATION.
(VI) FOR PURPOSES OF DETERMINING COMPLIANCE WITH THE ACADEMIC REQUIRE-
MENTS SET FORTH IN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION, THE
DETERMINATION SHALL BE BASED SOLELY ON TEACHING THE ENUMERATED REQUIRE-
MENTS CONTAINED THEREIN; PROVIDED, HOWEVER, THAT NOTHING IN THIS PARA-
GRAPH SHALL PROHIBIT SCHOOLS FROM PROVIDING INSTRUCTION IN AREAS NOT
ENUMERATED WITHIN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION.
(VII) UPON A FINDING OF NON-COMPLIANCE THE FOLLOWING STEPS MAY BE
TAKEN:
(A) THE COMMISSIONER MAY ISSUE A REPORT RECOMMENDING CORRECTIVE
ACTIONS TO SATISFY THE ACADEMIC REQUIREMENTS ESTABLISHED HEREIN.
(B) SUCH SCHOOL MAY ACCEPT AND IMPLEMENT THE RECOMMENDED CORRECTIVE
ACTIONS OR ESTABLISH ITS OWN PLAN FOR RESOLVING THE STATED DEFICIENCIES,
AND BE AFFORDED ADEQUATE TIME TO IMPLEMENT SUCH CORRECTIVE ACTIONS. UPON
FAILURE OF A SCHOOL TO REMEDY THE NON-COMPLIANCE, THE COMMISSIONER MAY
DEEM THE SCHOOL'S CURRICULUM TO BE DEFICIENT AND PLACE THE SCHOOL ON
PROBATION FOR A PERIOD OF ONE YEAR. DURING SUCH PROBATIONARY PERIOD THE
SCHOOL SHALL BE REQUIRED TO RETAIN AND WORK WITH A CURRICULUM SPECIALIST
TO FURTHER ADDRESS AND RESOLVE THE DEFICIENCIES AND SHALL BE SUBJECT TO
FURTHER AND PERIODIC MONITORING BY THE COMMISSIONER UNTIL THE DEFICIEN-
CIES ARE RESOLVED PURSUANT TO THIS SUBDIVISION.
(C) IF A SCHOOL IS DEEMED NOT TO BE IN COMPLIANCE AFTER THE PROBATION-
ARY PERIOD DESCRIBED ABOVE, THE COMMISSIONER SHALL INFORM PARENTS OF
STUDENTS ENROLLED IN SUCH SCHOOL THAT THE INSTRUCTION PROVIDED BY THE
SCHOOL WAS DETERMINED NOT TO BE IN COMPLIANCE.
§ 15. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
(A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECRETARIAN AND EXEMPT FROM TAXATION PURSUANT TO
THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
(B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
§ 16. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
4. It shall be an unlawful discriminatory practice for an [education
corporation or association which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant to the provisions of
article four of the real property tax law] EDUCATIONAL INSTITUTION to
S. 9097 21
deny the use of its facilities to any person otherwise qualified, or to
permit the harassment of any student or applicant, by reason of his
race, color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status, except that any such insti-
tution which establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
§ 17. Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
§ 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he know-
ingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of [an offense] A CRIME defined in this
article, EXCEPT A CRIME DEFINED IN SECTION 221.10 OF THIS ARTICLE
PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION DOES NOT DEMON-
STRATE A CONVICTION UNDER SUBDIVISION TWO OF SUCH SECTION 221.10, or
article 220 of this chapter, committed within the three years immediate-
ly preceding such violation, it shall be punishable (a) only by a fine
of not more than two hundred dollars, if the defendant was previously
convicted of one such offense committed during such period, and (b) by a
fine of not more than two hundred fifty dollars or a term of imprison-
ment not in excess of fifteen days or both, if the defendant was previ-
ously convicted of two such offenses committed during such period.
§ 18. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
procedure law, as added by chapter 835 of the laws of 1977 and as relet-
tered by chapter 192 of the laws of 1980, is amended to read as follows:
(k) (i) The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to the taking
effect of article two hundred twenty-one of the penal law, or a
violation of article two hundred twenty-one of the penal law; (ii) the
sole controlled substance involved is marijuana; AND (iii) the
conviction was only for a violation or violations[; and (iv) at least
three years have passed since the offense occurred] OF SECTION 221.10 OF
THE PENAL LAW PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION DOES
NOT DEMONSTRATE A CONVICTION UNDER SUBDIVISION TWO OF SUCH SECTION
221.10, OR FOR A PETTY OFFENSE OR OFFENSES. NO DEFENDANT SHALL BE
REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING PURSUANT TO THIS
PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT RELATED
TO A CONVICTION FOR A VIOLATION OF SECTION 221.05 OR SECTION 221.10 OF
THE PENAL LAW AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
FORCEABLE.
§ 19. Section 160.50 of the criminal procedure law is amended by
adding three new subdivisions 5, 6 and 7 to read as follows:
5. A PERSON CONVICTED OF A VIOLATION OF SECTION 221.10 OF THE PENAL
LAW, OTHER THAN A CONVICTION AFTER TRIAL OF, OR PLEA OF GUILTY TO,
SUBDIVISION TWO OF SUCH SECTION 221.10, PRIOR TO THE EFFECTIVE DATE OF
THIS SUBDIVISION MAY UPON MOTION APPLY TO THE COURT IN WHICH SUCH TERMI-
NATION OCCURRED, UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE DISTRICT
ATTORNEY, FOR AN ORDER GRANTING TO SUCH PERSON THE RELIEF SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, AND SUCH ORDER SHALL BE GRANTED UNLESS
THE DISTRICT ATTORNEY DEMONSTRATES THAT THE INTERESTS OF JUSTICE REQUIRE
OTHERWISE.
6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT AS PROVIDED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (E) OF
SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE
S. 9097 22
LAW: (I) WHEN THE DIVISION OF CRIMINAL JUSTICE SERVICES CONDUCTS A
SEARCH OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVI-
SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND
RETURNS A REPORT THEREON, ALL REFERENCES TO A CONVICTION FOR A VIOLATION
OF SECTION 221.10 OF THE PENAL LAW, OTHER THAN A CONVICTION AFTER TRIAL
OF, OR PLEA OF GUILTY TO, SUBDIVISION TWO OF SUCH SECTION 221.10, SHALL
BE EXCLUDED FROM SUCH REPORT; AND (II) THE CHIEF ADMINISTRATOR OF THE
COURTS SHALL DEVELOP AND PROMULGATE RULES AS MAY BE NECESSARY TO ENSURE
THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD SEARCH
CONDUCTED BY THE OFFICE OF COURT ADMINISTRATION CONTAINS INFORMATION
RELATING TO A CONVICTION FOR A VIOLATION OF SECTION 221.10 OF THE PENAL
LAW, OTHER THAN A CONVICTION AFTER TRIAL OF, OR PLEA OF GUILTY TO,
SUBDIVISION TWO OF SUCH SECTION 221.10, UNLESS SUCH SEARCH IS CONDUCTED
SOLELY FOR A BONA FIDE RESEARCH PURPOSE, PROVIDED THAT SUCH INFORMATION,
IF SO DISSEMINATED, SHALL BE DISSEMINATED IN ACCORDANCE WITH PROCEDURES
ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS TO ASSURE THE SECU-
RITY AND PRIVACY OF IDENTIFICATION AND INFORMATION DATA, WHICH SHALL
INCLUDE THE EXECUTION OF AN AGREEMENT WHICH PROTECTS THE CONFIDENTIALITY
OF THE INFORMATION AND REASONABLY PROTECTS AGAINST DATA LINKAGE TO INDI-
VIDUALS.
(B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PERMIT OR
REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE DIVISION
OF CRIMINAL JUSTICE SERVICES OR THE OFFICE OF COURT ADMINISTRATION OF
CRIMINAL HISTORY RECORD INFORMATION THAT HAS BEEN SEALED IN ACCORDANCE
WITH LAW.
7. A PERSON CONVICTED OF A VIOLATION OF SECTION 221.05 OF THE PENAL
LAW SHALL, ON THE EFFECTIVE DATE OF THIS SUBDIVISION, HAVE SUCH
CONVICTION IMMEDIATELY SEALED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION IF SUCH CONVICTION OCCURRED LESS THAN THREE YEARS PRIOR TO SUCH
EFFECTIVE DATE.
§ 20. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as amended by chapter 43 of the laws of 2014, is
amended to read as follows:
1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a school speed zone within
[the] SUCH city (i) when a school speed limit is in effect as provided
in paragraphs one and two of subdivision (c) of section eleven hundred
eighty of this article or (ii) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article during the following times: (A) on school days
during school hours and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty minutes immediately
after such student activities. Such demonstration program shall empower
the city OF NEW YORK to install photo speed violation monitoring systems
within no more than [one hundred forty] TWO HUNDRED NINETY school speed
zones within [the] SUCH city at any one time and to operate such systems
within such zones (iii) when a school speed limit is in effect as
provided in paragraphs one and two of subdivision (c) of section eleven
hundred eighty of this article or (iv) when other speed limits are in
effect as provided in subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article during the following times: (A) on school
days during school hours and one hour before and one hour after the
school day, and (B) a period during student activities at the school and
S. 9097 23
up to thirty minutes immediately before and up to thirty minutes imme-
diately after such student activities. In selecting a school speed zone
in which to install and operate a photo speed violation monitoring
system, the city OF NEW YORK shall consider criteria including, but not
limited to, the speed data, crash history, and the roadway geometry
applicable to such school speed zone. SUCH CITY SHALL PRIORITIZE THE
PLACEMENT OF PHOTO SPEED VIOLATION MONITORING SYSTEMS IN SCHOOL SPEED
ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED OR
OPERATED ON A CONTROLLED-ACCESS HIGHWAY EXIT RAMP OR WITHIN THREE
HUNDRED FEET ALONG A HIGHWAY THAT CONTINUES FROM THE END OF A CONT-
ROLLED-ACCESS HIGHWAY EXIT RAMP.
§ 21. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
2. No photo speed violation monitoring system shall be used in a
school speed zone unless (i) on the day it is to be used it has success-
fully passed a self-test of its functions; and (ii) it has undergone an
annual calibration check performed pursuant to paragraph four of this
subdivision. The city [may] SHALL install signs giving notice that a
photo speed violation monitoring system is in use to be mounted on
advance warning signs notifying APPROACHING motor vehicle operators of
such upcoming school speed zone and/or on speed limit signs applicable
within such school speed zone, in conformance with standards established
in the MUTCD. SUCH ADVANCE WARNING SIGNS SHALL ALSO, TO THE EXTENT
AUTHORIZED BY THE MUTCD, CONTAIN THE WORDS "SPEED CAMERA AHEAD" AND BE
NO MORE THAN THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
§ 22. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
4. "school speed zone" shall mean a RADIAL distance not to exceed one
thousand three hundred twenty feet [on a highway passing] FROM a school
building, entrance, or exit [of a school abutting on the highway].
§ 23. Subdivision (n) of section 1180-b of the vehicle and traffic
law, as added by chapter 189 of the laws of 2013, is amended to read as
follows:
(n) If the city adopts a demonstration program pursuant to subdivision
[one] (A) of this section it shall conduct a study and submit [a] AN
ANNUAL report on the results of the use of photo devices to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME DATE
IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.
Such report shall include:
1. the locations where and dates when photo speed violation monitoring
systems were used;
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all school speed zones
within the city, to the extent the information is maintained by the
department of motor vehicles of this state;
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within school speed zones where
photo speed violation monitoring systems were used, to the extent the
information is maintained by the department of motor vehicles of this
state;
S. 9097 24
4. the number of violations recorded within all school speed zones
within the city, in the aggregate on a daily, weekly and monthly basis;
5. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used, in the aggre-
gate on a daily, weekly and monthly basis;
6. the number of violations recorded within all school speed zones
within the city that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
7. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
10. the number of violations adjudicated and the results of such adju-
dications including breakdowns of dispositions made for violations
recorded by such systems;
11. the total amount of revenue realized by the city in connection
with the program;
12. the expenses incurred by the city in connection with the program;
[and]
13. the quality of the adjudication process and its results; AND
14. THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
CRASHES.
§ 24. The opening paragraph of section 12 of chapter 43 of the laws of
2014, amending the vehicle and traffic law, the public officers law and
the general municipal law relating to photo speed violation monitoring
systems in school speed zones in the city of New York, is amended to
read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF THIS ACT
shall expire 4 years after such effective date when upon such date the
provisions of SUCH SECTIONS OF this act shall be deemed repealed; and
provided further that any rules necessary for the implementation of this
act on its effective date shall be promulgated on or before such effec-
tive date, provided that:
§ 25. The opening paragraph of section 15 of chapter 189 of the laws
of 2013, amending the vehicle and traffic law and the public officers
law relating to establishing in a city with a population of one million
or more a demonstration program implementing speed violation monitoring
systems in school speed zones by means of photo devices, is amended to
read as follows:
S. 9097 25
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed repealed
JULY 1, 2022; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
§ 26. Photo speed violation monitoring systems within the additional
150 school speed zones authorized for the city of New York by paragraph
1 of subdivision (a) of section 1180-b of the vehicle and traffic law,
as amended by section one of this act, shall be authorized to be
installed over the 3 year period following the effective date of this
act as follows:
(a) in no more than 50 school speed zones during the first such year;
(b) in no more than 50 additional school speed zones during the second
such year; and
(c) in no more than 50 additional school speed zones during the third
such year.
§ 27. Subdivision 1 of section 235 of the vehicle and traffic law, as
amended by section 1 of chapter 222 of the laws of 2015, is amended to
read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-d of this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-e of this chap-
ter, or to adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate liability of owners in accordance with section
eleven hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
section, or to adjudicate the liability of owners for violations of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, OR TO ADJUDICATE THE LIABILITY
OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 28. Section 235 of the vehicle and traffic law, as amended by
section 1-a of chapter 222 of the laws of 2015, is amended to read as
follows:
S. 9097 26
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section, or to adjudicate the
liability of owners for violations of subdivision (b), (c), (d), (f) or
(g) of section eleven hundred eighty of this chapter in accordance with
section eleven hundred eighty-b of this chapter, OR TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the
rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
§ 28-a. Section 235 of the vehicle and traffic law, as amended by
section 1-b of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-d of this chap-
ter, or to adjudicate the liability of owners for violations of subdivi-
sion (d) of section eleven hundred eleven of this chapter in accordance
with section eleven hundred eleven-e of this chapter, or to adjudicate
the liability of owners for violations of toll collection regulations as
defined in and in accordance with the provisions of section two thousand
nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or to adjudicate liability of
S. 9097 27
owners in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as defined in such section,
or to adjudicate the liability of owners for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 28-b. Section 235 of the vehicle and traffic law, as amended by
section 1-c of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section, or to adjudicate the
liability of owners for violations of subdivision (b), (c), (d), (f) or
(g) of section eleven hundred eighty of this chapter in accordance with
section eleven hundred eighty-b of this chapter, OR TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the
rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
§ 28-c. Section 235 of the vehicle and traffic law, as amended by
section 1-d of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
S. 9097 28
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners for violations of
subdivisions (c) and (d) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 28-d. Section 235 of the vehicle and traffic law, as amended by
section 1-e of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance with
the following sections.
§ 28-e. Section 235 of the vehicle and traffic law, as amended by
section 1-f of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-e of this chapter, or to adjudicate the liability
of owners for violations of toll collection regulations as defined in
and in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, OR TO ADJUDICATE THE LIABILITY OF
OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the rules and
regulations pertaining thereto shall be constituted in substantial
conformance with the following sections.
S. 9097 29
§ 28-f. Section 235 of the vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
of 1992, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 29. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2 of chapter 222 of the laws of 2015, is amended to
read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of this chapter or
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or subdivision (a) of section eleven
hundred eleven-d of this chapter, or subdivision (a) of section eleven
hundred eleven-e of this chapter, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such section eleven hundred
eleven-a, sections eleven hundred eleven-b as added by sections sixteen
of chapters twenty, twenty-one, and twenty-two of the laws of two thou-
sand nine, or section eleven hundred eleven-d or section eleven hundred
eleven-e and shall adjudicate the liability of owners for violations of
toll collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty and shall adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section and shall adjudicate the
liability of owners for violations of subdivision (b), (c), (d), (f) or
(g) of section eleven hundred eighty of this chapter in accordance with
section eleven hundred eighty-b of this chapter AND SHALL ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. Such tribunal, except
in a city with a population of one million or more, shall also have
jurisdiction of abandoned vehicle violations. For the purposes of this
article, a parking violation is the violation of any law, rule or regu-
lation providing for or regulating the parking, stopping or standing of
a vehicle. In addition for purposes of this article, "commissioner"
S. 9097 30
shall mean and include the commissioner of traffic of the city or an
official possessing authority as such a commissioner.
§ 29-a. Subdivision 1 of section 236 of the vehicle and traffic law,
as amended by section 2-a of chapter 222 of the laws of 2015, is amended
to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or subdivision (a) of section eleven
hundred eleven-d of this chapter, or subdivision (a) of section eleven
hundred eleven-e of this chapter, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such sections eleven hundred
eleven-b as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine or section eleven
hundred eleven-d or section eleven hundred eleven-e; and shall adjudi-
cate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section and shall adjudicate liability of owners for
violations of subdivisions (c) and (d) of section eleven hundred eighty
of this chapter in accordance with section eleven hundred eighty-b of
this chapter AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic of the city or an official possessing
authority as such a commissioner.
§ 29-b. Subdivision 1 of section 236 of the vehicle and traffic law,
as amended by section 2-b of chapter 222 of the laws of 2015, is amended
to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
section eleven hundred eleven-e of this chapter, shall adjudicate
liability of owners in accordance with section eleven hundred eleven-c
of this chapter for violations of bus lane restrictions as defined in
such section; and shall adjudicate the liability of owners for
violations of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter; AND SHALL ADJUDICATE THE LIABILITY OF OWNERS
FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEV-
EN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER. For the purposes of this article, a
parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. In addition for purposes of this article, "commissioner" shall mean
and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
S. 9097 31
§ 29-c. Subdivision 1 of section 236 of the vehicle and traffic law,
as amended by section 2-c of chapter 222 of the laws of 2015, is amended
to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and, where authorized by local law adopted pursuant to subdivision (a)
of section eleven hundred eleven-d of this chapter or subdivision (a) of
section eleven hundred eleven-e of this chapter, shall have jurisdiction
of traffic infractions which constitute a parking violation and shall
adjudicate the liability of owners for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this chapter AND
SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
For the purposes of this article, a parking violation is the violation
of any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
§ 29-d. Subdivision 1 of section 236 of the vehicle and traffic law,
as amended by section 2-d of chapter 222 of the laws of 2015, is amended
to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and, where authorized by local law adopted pursuant to subdivision (a)
of section eleven hundred eleven-d of this chapter or subdivision (a) of
section eleven hundred eleven-e of this chapter, shall have jurisdiction
of traffic infractions which constitute a parking violation AND SHALL
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. For
the purposes of this article, a parking violation is the violation of
any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
§ 29-e. Subdivision 1 of section 236 of the vehicle and traffic law,
as amended by section 2-e of chapter 222 of the laws of 2015, is amended
to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and where authorized by local law adopted pursuant to subdivision (a) of
section eleven hundred eleven-e of this chapter, shall have jurisdiction
of traffic infractions which constitute a parking violation AND SHALL
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. For the
purposes of this article, a parking violation is the violation of any
law, rule or regulation providing for or regulating the parking, stop-
ping or standing of a vehicle. In addition for purposes of this article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
S. 9097 32
§ 29-f. Subdivision 1 of section 236 of the vehicle and traffic law,
as added by chapter 715 of the laws of 1972, is amended to read as
follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic of the city or an official possessing
authority as such a commissioner.
§ 30. Section 237 of the vehicle and traffic law is amended by adding
a new subdivision 16 to read as follows:
16. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAP-
TER.
§ 31. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter, or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, or section eleven hundred eleven-d of this
chapter, or section eleven hundred eleven-e of this chapter, and shall
not be deemed to include a notice of liability issued pursuant to
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty and shall not
be deemed to include a notice of liability issued pursuant to section
eleven hundred eleven-c of this chapter and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eighty-b of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER.
§ 31-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-a of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or section eleven hundred
eleven-d of this chapter or section eleven hundred eleven-e of this
chapter and shall not be deemed to include a notice of liability issued
pursuant to section eleven hundred eleven-c of this chapter and shall
not be deemed to include a notice of liability issued pursuant to
section eleven hundred eighty-b of this chapter AND SHALL NOT BE DEEMED
S. 9097 33
TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER.
§ 31-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-b of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter and shall not
be deemed to include a notice of liability issued pursuant to section
eleven hundred eleven-c of this chapter and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eighty-b of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER.
§ 31-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-c of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter and shall not
be deemed to include a notice of liability issued pursuant to section
eleven hundred eighty-b of this chapter AND SHALL NOT BE DEEMED TO
INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER.
§ 31-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-d of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter AND SHALL NOT
BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
§ 31-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-e of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-e of this chap-
ter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
§ 31-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article AND
S. 9097 34
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
§ 32. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 5 of chapter 222 of the laws of 2015, are
amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or section eleven hundred eleven-d of this chapter, or
section eleven hundred eleven-e of this chapter, for a violation of
subdivision (d) of section eleven hundred eleven of this chapter
contests such allegation, or a person alleged to be liable in accordance
with the provisions of 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, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section contests
such allegation, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eighty-b of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter contests such allegation, OR A PERSON
ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
or contesting that failure to appear on the date designated, or on any
subsequent adjourned date, shall be deemed an admission of liability,
and that a default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or section eleven hundred eleven-d of this chapter or
section eleven hundred eleven-e of this chapter or an allegation of
liability in accordance with 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 or an allegation of liability in accordance with section
eleven hundred eleven-c of this chapter or an allegation of liability in
accordance with section eleven hundred eighty-b of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, is being contested, by a person in a timely fashion
and a hearing upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty to that
person prior to the date of the hearing.
§ 32-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-a of chapter 222 of the laws of 2015,
are amended to read as follows:
S. 9097 35
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine or section eleven hundred eleven-d of
this chapter or section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section contests
such allegation, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eighty-b of this chapter for
violations of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter contests such allegation, OR A PERSON
ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
or contesting that failure to appear on the date designated, or on any
subsequent adjourned date, shall be deemed an admission of liability,
and that a default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine or in accordance with section eleven
hundred eleven-d of this chapter, or in accordance with section eleven
hundred eleven-e of this chapter or an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is being contested, by a
person in a timely fashion and a hearing upon the merits has been
demanded, but has not yet been held, the bureau shall not issue any
notice of fine or penalty to that person prior to the date of the hear-
ing.
§ 32-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-b of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or in
accordance with the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, contests such allegation, or a person alleged to be liable
in accordance with the provisions of section eleven hundred eighty-b of
this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter contests such allegation,
OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
S. 9097 36
OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such
person personally by such form of first class mail as the director may
direct of the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading that failure to appear on the date designated, or on
any subsequent adjourned date, shall be deemed an admission of liabil-
ity, and that a default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or in
accordance with section eleven hundred eleven-c of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is being contested, by a
person in a timely fashion and a hearing upon the merits has been
demanded, but has not yet been held, the bureau shall not issue any
notice of fine or penalty to that person prior to the date of the hear-
ing.
§ 32-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-c of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter, or a
person alleged to be liable in accordance with section eleven hundred
eleven-e of this chapter, or a person alleged to be liable in accordance
with the provisions of section eleven hundred eighty-b of this chapter
for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
en hundred eighty of this chapter contests such allegation, OR A PERSON
ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
that failure to appear on the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability, and that a
default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter, or
the bureau has been notified that an allegation of liability in accord-
ance with section eleven hundred eleven-e of this chapter, or the bureau
has been notified that an allegation of liability in accordance with
section eleven hundred eighty-b of this chapter, OR AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER, is being contested, by a person in a timely fashion and a hear-
ing upon the merits has been demanded, but has not yet been held, the
bureau shall not issue any notice of fine or penalty to that person
prior to the date of the hearing.
S. 9097 37
§ 32-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-d of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter
contests such allegation, or a person alleged to be liable in accordance
with section eleven hundred eleven-e of this chapter contests such alle-
gation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau
shall advise such person personally by such form of first class mail as
the director may direct of the date on which he or she must appear to
answer the charge at a hearing. The form and content of such notice of
hearing shall be prescribed by the director, and shall contain a warning
to advise the person so pleading that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter, is
being contested, or the bureau has been notified that an allegation of
liability in accordance with section eleven hundred eleven-e of this
chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, is being contested, by a person in a
timely fashion and a hearing upon the merits has been demanded, but has
not yet been held, the bureau shall not issue any notice of fine or
penalty to that person prior to the date of the hearing.
§ 32-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-e of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-e of this chapter
contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER
FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the
bureau shall advise such person personally by such form of first class
mail as the director may direct of the date on which he or she must
appear to answer the charge at a hearing. The form and content of such
notice of hearing shall be prescribed by the director, and shall contain
a warning to advise the person so pleading that failure to appear on the
date designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-e of this chapter, OR
AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER, is being contested, by a person in a timely
fashion and a hearing upon the merits has been demanded, but has not yet
been held, the bureau shall not issue any notice of fine or penalty to
that person prior to the date of the hearing.
S. 9097 38
§ 32-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, subdivision 1 as added by chapter 715 of the laws of 1972, and
subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by such form of first
class mail as the director may direct of the date on which he must
appear to answer the charge at a hearing. The form and content of such
notice of hearing shall be prescribed by the director, and shall contain
a warning to advise the person so pleading that failure to appear on the
date designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER IS
BEING CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
§ 33. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6 of chapter 222 of the laws
of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or an
allegation of liability in accordance with 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 or an allegation of liability in accord-
ance with section eleven hundred eleven-c of this chapter or an allega-
tion of liability in accordance with section eleven hundred eighty-b of
this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, shall be held before a hearing
examiner in accordance with rules and regulations promulgated by the
bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter is
contested or in accordance with section eleven hundred eleven-e of this
chapter is contested or of a hearing at which liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty is
contested or of a hearing at which liability in accordance with section
S. 9097 39
eleven hundred eleven-c of this chapter or OF a hearing at which liabil-
ity in accordance with section eleven hundred eighty-b of this chapter
OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER is contested. Recording devices may be
used for the making of the record.
§ 33-a. Paragraphs a and g of subdivision 2 of section 240 of the
vehicle and traffic law, as amended by section 6-a of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter or an allegation of liability in accordance
with section eleven hundred eighty-b of this chapter OR AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER, shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter or OF a hearing at which liability in accord-
ance with section eleven hundred eighty-b of this chapter OR OF A HEAR-
ING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER is contested. Recording devices may be used for the
making of the record.
§ 33-b. Paragraphs a and g of subdivision 2 of section 240 of the
vehicle and traffic law, as amended by section 6-b of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or an allegation of liability in accordance
with section eleven hundred eleven-d of this chapter or an allegation of
liability in accordance with section eleven hundred eleven-c of this
chapter or an allegation of liability in accordance with section eleven
hundred eighty-b of this chapter OR AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER shall be
held before a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-e of this chapter or of a hearing at which liability in accord-
ance with section eleven hundred eleven-d of this chapter or of a hear-
ing at which liability in accordance with section eleven hundred
eleven-c of this chapter or OF a hearing at which liability in accord-
ance with section eleven hundred eighty-b of this chapter OR OF A HEAR-
ING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER is contested. Recording devices may be used for the
making of the record.
S. 9097 40
§ 33-c. Paragraphs a and g of subdivision 2 of section 240 of the
vehicle and traffic law, as amended by section 6-c of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or an allegation of liability in accordance
with section eleven hundred eleven-d of this chapter or an allegation of
liability in accordance with section eleven hundred eighty-b of this
chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER shall be held before a hearing examiner
in accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-e of this chapter or of a hearing at which liability in accord-
ance with section eleven hundred eleven-d of this chapter or OF a hear-
ing at which liability in accordance with section eleven hundred eight-
y-b of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
§ 33-d. Paragraphs a and g of subdivision 2 of section 240 of the
vehicle and traffic law, as amended by section 6-d of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or an allegation of liability in accordance
with section eleven hundred eleven-d of this chapter OR AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER shall be held before a hearing examiner in accordance with rules
and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or a
hearing at which liability in accordance with section eleven hundred
eleven-d of this chapter is contested or a hearing at which liability in
accordance with section eleven hundred eleven-e of this chapter OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER is contested. Recording devices may be used for
the making of the record.
§ 33-e. Paragraphs a and g of subdivision 2 of section 240 of the
vehicle and traffic law, as amended by section 6-e of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER shall be held
before a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or a
hearing at which liability in accordance with section eleven hundred
eleven-e of this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
§ 33-f. Paragraphs a and g of subdivision 2 of section 240 of the
vehicle and traffic law, as added by chapter 715 of the laws of 1972,
are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
S. 9097 41
EIGHTY-D OF THIS CHAPTER shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER. Recording devices may be used for the making
of the record.
§ 34. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7 of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or in accordance with
section eleven hundred eleven-d of this chapter or in accordance with
section eleven hundred eleven-e of this chapter or the record of liabil-
ities incurred in accordance with 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 of the person charged, or the record of
liabilities incurred in accordance with section eleven hundred eleven-c
of this chapter, or the record of liabilities incurred in accordance
with section eleven hundred eighty-b of this chapter, OR IN THE RECORD
OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to
rendering a final determination. Final determinations sustaining or
dismissing charges shall be entered on a final determination roll main-
tained by the bureau together with records showing payment and nonpay-
ment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or in accordance with section eleven hundred
eleven-d of this chapter or in accordance with section eleven hundred
eleven-e of this chapter or fails to contest an allegation of liability
in accordance with 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, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter or fails to contest an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
to appear on a designated hearing date or subsequent adjourned date or
fails after a hearing to comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of the
bureau, such failure to plead or contest, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after the expiration
of the original date prescribed for entering a plea and before a default
S. 9097 42
judgment may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of the violation
charged, or liability in accordance with section eleven hundred eleven-a
of this chapter or in accordance with sections eleven hundred eleven-b
of this chapter as added by sections sixteen of chapters twenty, twen-
ty-one, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter or in accordance
with section eleven hundred eleven-e of this chapter alleged or liabil-
ity in accordance with 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 alleged or liability in accordance with section eleven
hundred eleven-c of this chapter or liability in accordance with section
eleven hundred eighty-b of this chapter alleged, OR LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2)
of the impending default judgment, (3) that such judgment will be
entered in the Civil Court of the city in which the bureau has been
established, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York,
and (4) that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or
contesting an allegation of liability in accordance with 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 or contesting an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter or contesting an allegation of liability in
accordance with section eleven hundred eighty-b of this chapter OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, as appropriate, or making an appear-
ance within thirty days of the sending of such notice. Pleas entered and
allegations contested within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea or contesting an allegation. When a
person has demanded a hearing, no fine or penalty shall be imposed for
any reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them, he or she
shall impose no greater penalty or fine than those upon which the person
was originally charged.
§ 34-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-a of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
S. 9097 43
the prior parking violations record or the record of liabilities
incurred in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or in accordance with
section eleven hundred eleven-d of this chapter or in accordance with
section eleven hundred eleven-e of this chapter of the person charged,
or the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, or the record of liabilities incurred
in accordance with section eleven hundred eighty-b of this chapter, OR
THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED, as applicable
prior to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau together with records showing payment and
nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or in accordance with section eleven hundred
eleven-d of this chapter, or in accordance with section eleven hundred
eleven-e of this chapter, or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, or
fails to contest an allegation of liability incurred in accordance with
section eleven hundred eighty-b of this chapter, OR FAILS TO CONTEST AN
ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, or fails to appear on a designated
hearing date or subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead, contest, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged,
or liability in accordance with sections eleven hundred eleven-b of this
chapter, as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine or in accordance with
section eleven hundred eleven-d of this chapter, or in accordance with
section eleven hundred eleven-e of this chapter, or liability in accord-
ance with section eleven hundred eleven-c of this chapter or liability
in accordance with section eleven hundred eighty-b of this chapter
alleged, OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such judgment will be entered in the Civil Court of the city in which
the bureau has been established, or other court of civil jurisdiction or
any other place provided for the entry of civil judgments within the
state of New York, and (4) that a default may be avoided by entering a
plea or contesting an allegation of liability in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or in accordance with section eleven hundred eleven-d
of this chapter or in accordance with section eleven hundred eleven-e of
S. 9097 44
this chapter, or contesting an allegation of liability in accordance
with section eleven hundred eleven-c of this chapter or contesting an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, as appropri-
ate, or making an appearance within thirty days of the sending of such
notice. Pleas entered and allegations contested within that period shall
be in the manner prescribed in the notice and not subject to additional
penalty or fee. Such notice of impending default judgment shall not be
required prior to the rendering and entry thereof in the case of opera-
tors or owners who are non-residents of the state of New York. In no
case shall a default judgment be rendered or, where required, a notice
of impending default judgment be sent, more than two years after the
expiration of the time prescribed for entering a plea or contesting an
allegation. When a person has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges, sustain-
ing them, he or she shall impose no greater penalty or fine than those
upon which the person was originally charged.
§ 34-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-b of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
person charged, or the record of liabilities incurred in accordance with
section eleven hundred eleven-d of this chapter of the person charged,
or the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, or the record of liabilities incurred
in accordance with section eleven hundred eighty-b of this chapter, OR
THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED, as applicable,
prior to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau together with records showing payment and
nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter, or contest an
allegation of liability in accordance with section eleven hundred
eleven-d of this chapter, or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, or
fails to contest an allegation of liability incurred in accordance with
section eleven hundred eighty-b of this chapter, OR FAILS TO CONTEST AN
ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, or fails to appear on a designated
hearing date or subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead, appear or comply shall be deemed, for all purposes, an admission
of liability and shall be grounds for rendering and entering a default
judgment in an amount provided by the rules and regulations of the
bureau. However, after the expiration of the original date prescribed
for entering a plea and before a default judgment may be rendered, in
S. 9097 45
such case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail as the
commission may direct; (1) of the violation charged, or liability in
accordance with section eleven hundred eleven-e of this chapter, or
liability in accordance with section eleven hundred eleven-d of this
chapter, or alleged liability in accordance with section eleven hundred
eleven-c of this chapter or alleged liability in accordance with section
eleven hundred eighty-b of this chapter, OR ALLEGED LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, (2) of the
impending default judgment, (3) that such judgment will be entered in
the Civil Court of the city in which the bureau has been established, or
other court of civil jurisdiction or any other place provided for the
entry of civil judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with section eleven hundred eleven-e of this
chapter or contesting an allegation of liability in accordance with
section eleven hundred eleven-d of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eleven-c of
this chapter or contesting an allegation of liability in accordance with
section eleven hundred eighty-b of this chapter OR CONTESTING AN ALLEGA-
TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF
THIS CHAPTER or making an appearance within thirty days of the sending
of such notice. Pleas entered within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea. When a person has demanded a hearing,
no fine or penalty shall be imposed for any reason, prior to the holding
of the hearing. If the hearing examiner shall make a determination on
the charges, sustaining them, he or she shall impose no greater penalty
or fine than those upon which the person was originally charged.
§ 34-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-c of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-d of this
chapter of the person charged, or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
person charged or the record of liabilities incurred in accordance with
section eleven hundred eighty-b of this chapter, OR THE RECORD OF
LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to rendering
a final determination. Final determinations sustaining or dismissing
charges shall be entered on a final determination roll maintained by the
bureau together with records showing payment and nonpayment of penal-
ties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter or contest an alle-
gation of liability in accordance with section eleven hundred eleven-d
S. 9097 46
of this chapter or fails to contest an allegation of liability incurred
in accordance with section eleven hundred eighty-b of this chapter OR
FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails to appear on a
designated hearing date or subsequent adjourned date or fails after a
hearing to comply with the determination of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau, such
failure to plead, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged or
liability in accordance with section eleven hundred eleven-e of this
chapter or liability in accordance with section eleven hundred eleven-d
of this chapter or liability in accordance with section eleven hundred
eighty-b of this chapter alleged, OR LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2) of the
impending default judgment, (3) that such judgment will be entered in
the Civil Court of the city in which the bureau has been established, or
other court of civil jurisdiction or any other place provided for the
entry of civil judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with section eleven hundred eleven-e of this
chapter or contesting an allegation of liability in accordance with
section eleven hundred eleven-d of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eighty-b of
this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or making an appearance
within thirty days of the sending of such notice. Pleas entered within
that period shall be in the manner prescribed in the notice and not
subject to additional penalty or fee. Such notice of impending default
judgment shall not be required prior to the rendering and entry thereof
in the case of operators or owners who are non-residents of the state of
New York. In no case shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering a plea.
When a person has demanded a hearing, no fine or penalty shall be
imposed for any reason, prior to the holding of the hearing. If the
hearing examiner shall make a determination on the charges, sustaining
them, he shall impose no greater penalty or fine than those upon which
the person was originally charged.
§ 34-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-d of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-e of this
chapter of the person charged or the record of liabilities incurred in
accordance with section eleven hundred eleven-d of this chapter of the
person charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED,
S. 9097 47
as applicable, prior to rendering a final determination. Final determi-
nations sustaining or dismissing charges shall be entered on a final
determination roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter or contest an alle-
gation of liability in accordance with section eleven hundred eleven-d
of this chapter OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
to appear on a designated hearing date or subsequent adjourned date or
fails after a hearing to comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of the
bureau, such failure to plead, appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds for rendering
and entering a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged or
liability in accordance with section eleven hundred eleven-e of this
chapter alleged or liability in accordance with section eleven hundred
eleven-d of this chapter alleged OR LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2) of the impending
default judgment, (3) that such judgment will be entered in the Civil
Court of the city in which the bureau has been established, or other
court of civil jurisdiction or any other place provided for the entry of
civil judgments within the state of New York, and (4) that a default may
be avoided by entering a plea or contesting an allegation of liability
in accordance with section eleven hundred eleven-e of this chapter or
contesting an allegation of liability in accordance with section eleven
hundred eleven-d of this chapter OR CONTESTING AN ALLEGATION OF LIABIL-
ITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER
or making an appearance within thirty days of the sending of such
notice. Pleas entered within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea. When a person has demanded a hearing, no
fine or penalty shall be imposed for any reason, prior to the holding of
the hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he shall impose no greater penalty or fine
than those upon which the person was originally charged.
§ 34-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-e of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
person charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH
S. 9097 48
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED,
as applicable, prior to rendering a final determination. Final determi-
nations sustaining or dismissing charges shall be entered on a final
determination roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter OR CONTEST AN ALLE-
GATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER or fails to appear on a designated hearing date
or subsequent adjourned date or fails after a hearing to comply with the
determination of a hearing examiner, as prescribed by this article or by
rule or regulation of the bureau, such failure to plead, appear or
comply shall be deemed, for all purposes, an admission of liability and
shall be grounds for rendering and entering a default judgment in an
amount provided by the rules and regulations of the bureau. However,
after the expiration of the original date prescribed for entering a plea
and before a default judgment may be rendered, in such case the bureau
shall pursuant to the applicable provisions of law notify such operator
or owner, by such form of first class mail as the commission may direct;
(1) of the violation charged or liability in accordance with section
eleven hundred eleven-e of this chapter alleged OR LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2)
of the impending default judgment, (3) that such judgment will be
entered in the Civil Court of the city in which the bureau has been
established, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York,
and (4) that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or
making an appearance within thirty days of the sending of such notice.
Pleas entered within that period shall be in the manner prescribed in
the notice and not subject to additional penalty or fee. Such notice of
impending default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who are non-resi-
dents of the state of New York. In no case shall a default judgment be
rendered or, where required, a notice of impending default judgment be
sent, more than two years after the expiration of the time prescribed
for entering a plea. When a person has demanded a hearing, no fine or
penalty shall be imposed for any reason, prior to the holding of the
hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he shall impose no greater penalty or fine
than those upon which the person was originally charged.
§ 34-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, subdivision 1 as added by chapter 715 of the laws of 1972, and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he may examine the prior
parking violations record OR THE RECORD OF LIABILITIES INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER of the
person charged, AS APPLICABLE, prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall be entered
S. 9097 49
on a final determination roll maintained by the bureau together with
records showing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
to appear on a designated hearing date or subsequent adjourned date or
fails after a hearing to comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of the
bureau, such failure to plead, appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds for rendering
and entering a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged OR
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER or making an appearance within thirty
days of the sending of such notice. Pleas entered within that period
shall be in the manner prescribed in the notice and not subject to addi-
tional penalty or fee. Such notice of impending default judgment shall
not be required prior to the rendering and entry thereof in the case of
operators or owners who are non-residents of the state of New York. In
no case shall a default judgment be rendered or, where required, a
notice of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea. When a person
has demanded a hearing, no fine or penalty shall be imposed for any
reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them, he shall
impose no greater penalty or fine than those upon which the person was
originally charged.
§ 35. The vehicle and traffic law is amended by adding a new section
1180-d to read as follows:
§ 1180-D. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CITY OF BUFFALO IS HEREBY AUTHORIZED TO ESTABLISH
A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
SPEED LIMITS IN A SCHOOL SPEED ZONE WITHIN THE CITY (I) WHEN A SCHOOL
SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDI-
VISION (C) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN
OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE DURING THE
FOLLOWING TIMES: (A) ON SCHOOL DAYS DURING SCHOOL HOURS AND ONE HOUR
BEFORE AND ONE HOUR AFTER THE SCHOOL DAY, AND (B) A PERIOD DURING
STUDENT ACTIVITIES AT THE SCHOOL AND UP TO THIRTY MINUTES IMMEDIATELY
BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY AFTER SUCH STUDENT ACTIV-
ITIES. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY TO INSTALL
PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN TWENTY
SCHOOL SPEED ZONES WITHIN THE CITY AT ANY ONE TIME AND TO OPERATE SUCH
S. 9097 50
SYSTEMS WITHIN SUCH ZONES (III) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT
AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN OTHER SPEED LIMITS
ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE DURING THE FOLLOWING TIMES: (A) ON
SCHOOL DAYS DURING SCHOOL HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER
THE SCHOOL DAY, AND (B) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL
AND UP TO THIRTY MINUTES IMMEDIATELY BEFORE AND UP TO THIRTY MINUTES
IMMEDIATELY AFTER SUCH STUDENT ACTIVITIES. IN SELECTING A SCHOOL SPEED
ZONE IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED VIOLATION MONITORING
SYSTEM, THE CITY SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO
THE SPEED DATA, CRASH HISTORY, AND THE ROADWAY GEOMETRY APPLICABLE TO
SUCH SCHOOL SPEED ZONE.
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
FULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN
ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS
SUBDIVISION. THE CITY SHALL INSTALL SIGNS GIVING NOTICE THAT A PHOTO
SPEED VIOLATION MONITORING SYSTEM IS IN USE TO BE MOUNTED ON ADVANCE
WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING SCHOOL
SPEED ZONE AND/OR ON SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH SCHOOL
SPEED ZONE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES
THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS SET UP
THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE PRODUCING A
RECORDED IMAGE THAT DAY. THE CITY SHALL RETAIN EACH SUCH DAILY LOG
UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR
THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED
BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES
PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE CITY SHALL
KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL
RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING
SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE
OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE CITY SHOWS THAT IT
MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH
IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
S. 9097 51
EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY THE
CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) IF THE CITY OF BUFFALO ESTABLISHES A DEMONSTRATION PROGRAM PURSU-
ANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE
WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR
IMPLIED, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION (C) OR
DURING THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
S. 9097 52
IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF
MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT
WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
MATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED
HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN
CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A SCHOOL SPEED ZONE IN VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
4. "SCHOOL SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOU-
SAND THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF BUFFALO, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM, SHALL BE PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICRO-
PHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE
REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR
THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN
ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY
OF BUFFALO. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL
NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT
SUCH PARKING VIOLATIONS BUREAU MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT
IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO
RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
S. 9097 53
CLE PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH
OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF
SUCH OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
BUFFALO, OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND
MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU OR BY ANY OTHER ENTITY
AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(J) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU.
(K) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
SECTION, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH DIVI-
SION OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFOR-
MATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS
TO SUCH DIVISION THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHI-
CLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
S. 9097 54
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
DIVISION PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH
PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (I) OF THIS SECTION.
(L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME OF SUCH
OPERATOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(N) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
(A) OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE
RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL
INCLUDE:
1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL SCHOOL SPEED ZONES
WITHIN THE CITY, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN SCHOOL SPEED ZONES WHERE
PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO THE EXTENT THE
INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE;
4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
WITHIN THE CITY, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGRE-
GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
6. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
WITHIN THE CITY THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
S. 9097 55
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY IN CONNECTION
WITH THE PROGRAM;
12. THE EXPENSES INCURRED BY THE CITY IN CONNECTION WITH THE PROGRAM;
AND
13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
MONITORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED
VIOLATION.
§ 36. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
chapter 222 of the laws of 2015, are amended to read as follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under 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 of this chapter, 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-b of this chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, 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-d of this chapter, or other than an adju-
dication of liability of an owner for a violation of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this chapter, or
other than an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
S. 9097 56
of this chapter in accordance with section eleven hundred eighty-c of
this chapter, 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-e of this chap-
ter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER, there shall be levied a crime victim assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result 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 of this chapter, 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-b of this chapter, 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-d of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, or other than an adjudication of liability of an owner for
a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-c of this chapter, 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-e of this chapter, OR OTHER THAN AN ADJUDICATION OF
LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, there shall be
levied a crime victim assistance fee in the amount of five dollars and a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of fifty-five dollars.
§ 36-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-a of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under 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
S. 9097 57
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an adju-
dication 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 of this chapter, 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-b of this chapter, or other than an adjudication in
accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of subdi-
vision (d) of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-c of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, 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-e of this chapter, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of twenty-five dollars.
§ 36-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-b of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of subdi-
vision (d) of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-c of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, 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-e of this chapter, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
S. 9097 58
§ 36-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-c of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b of this chapter, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-c of this chapter,
OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, or other than an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-d of
this chapter, 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-e of this chap-
ter, there shall be levied a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of seventeen
dollars.
§ 36-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-d of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-c of this chapter, OR OTHER THAN
AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
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-d of this chapter, 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-e of this chapter, there
shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
§ 36-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-e of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
S. 9097 59
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, 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-d of this chapter, or other than an adju-
dication 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-e of this chapter, there shall be levied a manda-
tory surcharge, in addition to any sentence required or permitted by
law, in the amount of seventeen dollars.
§ 36-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-f of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, 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-e of this chapter, there shall be levied a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
§ 36-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by chapter 16 of the laws of 1983 and chapter 62
of the laws of 1989, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, there shall
be levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
§ 37. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11 of chapter 222 of the laws of
2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter, or in accordance with section eleven hundred eleven-e of this chap-
ter, and except an adjudication of liability of an owner for a violation
S. 9097 60
of subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b of this chapter, and
except an adjudication in accordance with section eleven hundred
eleven-c of this chapter of a violation of a bus lane restriction as
defined in such section, and except an adjudication of liability of an
owner for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, and except an adjudication of
liability of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-c of this chapter, and except 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, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, there shall be levied in addition to
any sentence, penalty or other surcharge required or permitted by law,
an additional surcharge of twenty-eight dollars.
§ 37-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-a of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, and except an adjudication of
liability of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-b of this chapter, and except an
adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-c of this chapter,
AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF
THIS CHAPTER, and except an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section two thou-
sand 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 shall be levied in addition
to any sentence, penalty or other surcharge required or permitted by
law, an additional surcharge of twenty-eight dollars.
S. 9097 61
§ 37-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-b of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-b of this chapter, and except an adjudication of liability of an owner
for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter in accordance with section eleven
hundred eighty-c of this chapter, AND EXCEPT AN ADJUDICATION OF LIABIL-
ITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, and except an adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations 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 shall be levied in addition to any sentence, penalty or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
§ 37-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-c of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-c of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, and except an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
S. 9097 62
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, there shall
be levied in addition to any sentence, penalty or other surcharge
required or permitted by law, an additional surcharge of twenty-eight
dollars.
§ 37-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-d of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, and except 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 shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 37-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-e of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, and except 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 shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
S. 9097 63
§ 37-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 5 of part C of chapter 55 of the
laws of 2013, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, and except 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 shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 38. Subparagraph (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as amended by section 8 of chapter
222 of the laws of 2015, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-a, section eleven hundred eleven-b or section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section, or (iv) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
(c) or (d) of section eleven hundred eighty of this chapter, or (v) the
registrant was liable in accordance with section eleven hundred eighty-c
of this chapter for a violation of subdivision (c) or (d) of section
eleven hundred eighty of this chapter; or (vi) the registrant was liable
in accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter, OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
S. 9097 64
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the court, traffic and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an administrative tribunal that he or she has complied with the rules
and regulations of said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor vehicle registered in
the name of the applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to believe that
such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
§ 38-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-a of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; or (iv) the registrant was liable in accordance with section
eleven hundred eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter or (v) the regis-
trant was liable in accordance with section eleven hundred eighty-b of
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter; or (v) the registrant was
liable in accordance with section eleven hundred eighty-c of this chap-
ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter; or (vi) the registrant was liable
in accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER, the commissioner or his or her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
S. 9097 65
administrative tribunal wherein the charges are pending that an appear-
ance or answer has been made or in the case of an administrative tribu-
nal that he or she has complied with the rules and regulations of said
tribunal following entry of a final decision. Where an application is
denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 38-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-b of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section; or (iii)
the registrant was liable in accordance with section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iv) the registrant was liable
in accordance with section eleven hundred eighty-b of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter, or the registrant was liable in accord-
ance with section eleven hundred eighty-c of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER; or (v) the registrant was liable in
accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter, the commissioner or his or her agent shall deny the registra-
tion or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of an administrative
tribunal that he or she has complied with the rules and regulations of
said tribunal following entry of a final decision. Where an application
is denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
S. 9097 66
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 38-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-c of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-d of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; or (iii) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, or the registrant was liable in accordance with section eleven
hundred eighty-c of this chapter for violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE
REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER; or (iv) the registrant
was liable in accordance with section eleven hundred eleven-e of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter, the commissioner or his or her agent shall deny
the registration or renewal application until the applicant provides
proof from the court or administrative tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of an
administrative tribunal that he has complied with the rules and regu-
lations of said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his or her discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
S. 9097 67
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 38-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-d of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his agent without being licensed as a motor vehicle for hire by
the appropriate local authority, in violation of any of the provisions
of this chapter or of any law, ordinance, rule or regulation made by a
local authority, or the registrant was liable in accordance with section
eleven hundred eighty-c of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, or the
registrant was liable in accordance with section eleven hundred eleven-d
of this chapter for a violation of subdivision (d) of section eleven
hundred eleven of this chapter, or the registrant was liable in accord-
ance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter, the commissioner or his or her agent shall deny the registra-
tion or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of an administrative
tribunal that he or she has complied with the rules and regulations of
said tribunal following entry of a final decision. Where an application
is denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 38-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-e of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
S. 9097 68
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER, or the registrant was liable in accordance with section
eleven hundred eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter, or the registrant
was liable in accordance with section eleven hundred eleven-e of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter, the commissioner or his or her agent shall deny
the registration or renewal application until the applicant provides
proof from the court or administrative tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of an
administrative tribunal that he has complied with the rules and regu-
lations of said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his or her discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 38-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-f of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER, or the registrant was liable in accordance with section
eleven hundred eleven-e of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter, the commissioner
or his or her agent shall deny the registration or renewal application
until the applicant provides proof from the court or administrative
tribunal wherein the charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal that he has
S. 9097 69
complied with the rules and regulations of said tribunal following entry
of a final decision. Where an application is denied pursuant to this
section, the commissioner may, in his or her discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 38-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the commissioner or his agent shall deny the registration or renewal
application until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 39. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (p) to read as follows:
(P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-D
OF THE VEHICLE AND TRAFFIC LAW.
§ 40. The purchase or lease of equipment for a demonstration program
pursuant to section 1180-d of the vehicle and traffic law shall be
subject to the provisions of section 103 of the general municipal law.
S. 9097 70
§ 41. Subparagraph (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as amended by section 8 of chapter
222 of the laws of 2015, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-a, section eleven hundred eleven-b or section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section[,]; or (iv) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
(c) or (d) of section eleven hundred eighty of this chapter[,]; or (v)
the registrant was liable in accordance with section eleven hundred
eighty-c of this chapter for a violation of subdivision (c) or (d) of
section eleven hundred eighty of this chapter; or (vi) the registrant
was liable in accordance with section eleven hundred eleven-e of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the
commissioner or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court, traffic
and parking violations agency or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
case of an administrative tribunal that he or she has complied with the
rules and regulations of said tribunal following entry of a final deci-
sion. Where an application is denied pursuant to this section, the
commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
§ 41-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-a of chapter 222 of the laws of
2015, is amended to read as follows:
S. 9097 71
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; or (iv) the registrant was liable in accordance with section
eleven hundred eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter or (v) the regis-
trant was liable in accordance with section eleven hundred eighty-b of
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter; or (v) the registrant was
liable in accordance with section eleven hundred eighty-c of this chap-
ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter; or (vi) the registrant was liable
in accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner
or his or her agent shall deny the registration or renewal application
until the applicant provides proof from the court or administrative
tribunal wherein the charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 41-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-b of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
S. 9097 72
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section; or (iii)
the registrant was liable in accordance with section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iv) the registrant was liable
in accordance with section eleven hundred eighty-b of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter, or the registrant was liable in accord-
ance with section eleven hundred eighty-c of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter; or (v) the registrant was liable in
accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; OR (VI) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner
or his or her agent shall deny the registration or renewal application
until the applicant provides proof from the court or administrative
tribunal wherein the charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 41-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-c of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
S. 9097 73
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-d of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; or (iii) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, or the registrant was liable in accordance with section eleven
hundred eighty-c of this chapter for violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter; or
(iv) the registrant was liable in accordance with section eleven hundred
eleven-e of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; OR (V) THE REGISTRANT WAS LIABLE
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
CHAPTER, the commissioner or his or her agent shall deny the registra-
tion or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of an administrative
tribunal that he has complied with the rules and regulations of said
tribunal following entry of a final decision. Where an application is
denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 41-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-d of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his agent without being licensed as a motor vehicle for hire by
the appropriate local authority, in violation of any of the provisions
of this chapter or of any law, ordinance, rule or regulation made by a
local authority, or the registrant was liable in accordance with section
eleven hundred eighty-c of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, or the registrant was liable in accordance with section eleven
hundred eleven-d of this chapter for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, or the registrant was
liable in accordance with section eleven hundred eleven-e of this chap-
ter for a violation of subdivision (d) of section eleven hundred eleven
S. 9097 74
of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner
or his or her agent shall deny the registration or renewal application
until the applicant provides proof from the court or administrative
tribunal wherein the charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 41-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-e of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority, or the registrant was liable in accordance
with section eleven hundred eleven-d of this chapter for a violation of
subdivision (d) of section eleven hundred eleven of this chapter, or the
registrant was liable in accordance with section eleven hundred eleven-e
of this chapter for a violation of subdivision (d) of section eleven
hundred eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
CHAPTER, the commissioner or his or her agent shall deny the registra-
tion or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of an administrative
tribunal that he has complied with the rules and regulations of said
tribunal following entry of a final decision. Where an application is
denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
S. 9097 75
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 41-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-f of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority, or the registrant was liable in accordance
with section eleven hundred eleven-e of this chapter for a violation of
subdivision (d) of section eleven hundred eleven of this chapter, OR THE
REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F
OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or his or her agent
shall deny the registration or renewal application until the applicant
provides proof from the court or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
case of an administrative tribunal that he has complied with the rules
and regulations of said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor vehicle registered in
the name of the applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to believe that
such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
§ 41-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
S. 9097 76
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or
his agent shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he has complied with
the rules and regulations of said tribunal following entry of a final
decision. Where an application is denied pursuant to this section, the
commissioner may, in his discretion, deny a registration or renewal
application to any other person for the same vehicle and may deny a
registration or renewal application for any other motor vehicle regis-
tered in the name of the applicant where the commissioner has determined
that such registrant's intent has been to evade the purposes of this
subdivision and where the commissioner has reasonable grounds to believe
that such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
§ 42. The vehicle and traffic law is amended by adding a new section
1111-f to read as follows:
§ 1111-F. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE COUNTY OF WESTCHESTER IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE 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 VIOLATION-MONITORING DEVICES AT NO MORE
THAN ONE HUNDRED INTERSECTIONS WITHIN AND UNDER THE JURISDICTION OF SUCH
COUNTY AT ANY ONE TIME.
2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
CLE, PROVIDED THAT SUCH COUNTY HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SUCH COUNTY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
S. 9097 77
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
WESTCHESTER COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
ILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE
FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS
SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER PURSU-
ANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION;
PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR AN
ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH
VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE
PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY WESTCHESTER
COUNTY OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH COUNTY TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
S. 9097 78
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR
PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL
BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDICTION.
(J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE
LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT
HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT
DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE
NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS
AFTER RECEIVING NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH
VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY
PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE
PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF
SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE
VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY
PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(M) WHEN A COUNTY HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE COUNTY COMMISSIONER OF FINANCE WITHIN THE FIRST TEN DAYS
OF THE MONTH FOLLOWING COLLECTION.
(N) IN ANY SUCH COUNTY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT
TO SUBDIVISION (A) OF THIS SECTION, SUCH COUNTY SHALL SUBMIT AN ANNUAL
REPORT ON THE RESULTS OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
S. 9097 79
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION WHERE A
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
6. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR VIOLATIONS RECORDED
BY SUCH SYSTEMS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY FROM SUCH ADJU-
DICATIONS;
9. EXPENSES INCURRED BY SUCH COUNTY IN CONNECTION WITH THE PROGRAM;
AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH
TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
§ 43. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
chapter 222 of the laws of 2015, are amended to read as follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under 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 of this chapter, 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-b of this chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, 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-d of this chapter, or other than an adju-
dication of liability of an owner for a violation of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this chapter, or
S. 9097 80
other than an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven hundred eighty-c of
this chapter, 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-e of this chap-
ter, 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-F OF THIS CHAP-
TER, there shall be levied a crime victim assistance fee and a mandatory
surcharge, in addition to any sentence required or permitted by law, in
accordance with the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result 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 of this chapter, 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-b of this chapter, 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-d of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, or other than an adjudication of liability of an owner for
a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-c of this chapter, 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-e of this chapter, 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-F OF THIS CHAPTER, there shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of fifty-five dollars.
§ 43-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-a of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
S. 9097 81
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, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an adju-
dication 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 of this chapter, 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-b of this chapter, or other than an adjudication in
accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of subdi-
vision (d) of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-c of this chapter, or other than an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-e of
this chapter, 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-F OF THIS CHAP-
TER, there shall be levied a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of twenty-five
dollars.
§ 43-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-b of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of subdi-
vision (d) of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for a violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred eight-
y-c of this chapter, or other than an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-e of
this chapter, 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-F OF THIS CHAP-
TER, there shall be levied a mandatory surcharge, in addition to any
S. 9097 82
sentence required or permitted by law, in the amount of seventeen
dollars.
§ 43-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-c of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b of this chapter, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-c of this chapter,
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-d of this chapter, 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-e of this chapter, 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-F OF THIS CHAPTER, there
shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
§ 43-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-d of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-c of this chapter, 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-d of this chapter, or other than an adju-
dication 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-e of this chapter, 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-F OF THIS CHAPTER, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
§ 43-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-e of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
S. 9097 83
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-d of this chapter, 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-e of this chapter, 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-F OF THIS CHAPTER, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
§ 43-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-f of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment 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-e of this chapter, 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-F OF THIS CHAPTER, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
§ 43-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by chapter 16 of the laws of 1983 and chapter 62
of the laws of 1989, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment 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-F OF THIS CHAPTER, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
§ 44. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11 of chapter 222 of the laws of
2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter, or in accordance with section eleven hundred eleven-e of this chap-
S. 9097 84
ter, OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS
CHAPTER, and except 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-b of this chap-
ter, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, and except an adjudication of
liability of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-b of this chapter, and except an
adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-c of this chapter,
and except 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 shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
§ 44-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-a of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS
CHAPTER, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, and except an adjudication of
liability of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-b of this chapter, and except an
adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-c of this chapter,
and except 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 shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
§ 44-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-b of chapter 222 of the laws
of 2015, is amended to read as follows:
S. 9097 85
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS
CHAPTER, and except an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, and except an adjudication of liability of an
owner for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-c of this chapter, and except 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 chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty,
there shall be levied in addition to any sentence, penalty or other
surcharge required or permitted by law, an additional surcharge of twen-
ty-eight dollars.
§ 44-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-c of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS
CHAPTER, and except an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-c of this chapter, and except 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 shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 44-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-d of chapter 222 of the laws
of 2015, is amended to read as follows:
S. 9097 86
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS
CHAPTER, and except an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section two thou-
sand 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 shall be levied in addition
to any sentence, penalty or other surcharge required or permitted by
law, an additional surcharge of twenty-eight dollars.
§ 44-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-e of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
TER, and except 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 shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
§ 44-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 5 of part C of chapter 55 of the
laws of 2013, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except 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 of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
S. 9097 87
TER, and except 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 shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
§ 45. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (p) to read as follows:
(P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-F OF
THE VEHICLE AND TRAFFIC LAW.
§ 46. Section 370 of the general municipal law is amended by adding a
new subdivision 6 to read as follows:
6. THERE SHALL BE A DEPARTMENT OF THE WESTCHESTER COUNTY GOVERNMENT
KNOWN AS THE WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY,
WHICH SHALL OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECU-
TIVE.
§ 47. Subdivision 1 of section 370-a of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended and a new subdi-
vision 2-b is added to read as follows:
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 OR A DEPARTMENT IN THE WESTCHESTER COUNTY GOVERNMENT ESTAB-
LISHED PURSUANT TO SUBDIVISION SIX OF SUCH SECTION to administer and
dispose of traffic and parking infractions.
2-B. "TRAFFIC PROSECUTOR" SHALL ALSO MEAN AN ATTORNEY DULY ADMITTED TO
PRACTICE LAW IN THE STATE OF NEW YORK WHO HAS THE RESPONSIBILITY OF
PROSECUTING ANY TRAFFIC INFRACTIONS RETURNABLE BEFORE ANY OF THE LOCAL
COURTS IN WESTCHESTER COUNTY HAVING JURISDICTION OVER PARKING AND TRAF-
FIC INFRACTIONS WHICH OCCUR ON ROADS OR PROPERTY OWNED BY, OR UNDER THE
CONTROL OF WESTCHESTER COUNTY PURSUANT TO THE JURISDICTIONAL LIMITATIONS
OF SECTION THREE HUNDRED SEVENTY-ONE-A OF THIS ARTICLE.
§ 48. The general municipal law is amended by adding a new section
371-a to read as follows:
§ 371-A. JURISDICTION AND PROCEDURE; WESTCHESTER COUNTY. 1. THE WEST-
CHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS ESTABLISHED
UNDER SUBDIVISION SIX OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE,
MAY BE AUTHORIZED TO DISPOSE OF VIOLATIONS OF TRAFFIC LAWS, ORDINANCES,
RULES AND REGULATIONS WHEN SUCH OFFENSE SHALL NOT CONSTITUTE THE TRAFFIC
INFRACTION KNOWN AS SPEEDING OR A MISDEMEANOR OR FELONY, AND, IF AUTHOR-
IZED BY LOCAL LAW, TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND
TRAFFIC LAW IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF SUCH
LAW. THE WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY MAY
ALSO BE AUTHORIZED TO ASSIST THE LOCAL COURTS IN WESTCHESTER COUNTY
HAVING JURISDICTION OVER PARKING AND TRAFFIC INFRACTIONS WHICH OCCUR ON
ROADS OR PROPERTY OWNED BY, OR UNDER THE CONTROL OF WESTCHESTER COUNTY,
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-F OF SUCH LAW, EXCEPT THAT SUCH AGENCIES SHALL NOT HAVE
JURISDICTION OVER (A) THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION
S. 9097 88
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 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 OF SUBDIVISION (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR FELONY.
2. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY MAY BE
PERMITTED TO ANSWER, WITHIN A SPECIFIED TIME, AT THE TRAFFIC AND
VIOLATIONS AGENCY EITHER IN PERSON OR BY WRITTEN POWER OF ATTORNEY IN
SUCH FORM AS MAY BE PRESCRIBED IN THE LOCAL LAW CREATING THE AGENCY, BY
PAYING A PRESCRIBED FINE AND, IN WRITING, WAIVING A HEARING IN COURT,
PLEADING GUILTY TO THE CHARGE OR ADMITTING 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 AGENCY TO ENTER SUCH A PLEA OR ADMISSION 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 OR OF THE LIABILITY, AND THE VIOLATOR OR OWNER LIABLE FOR A
VIOLATION OF SUBDIVISION (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 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 HAVING JURISDICTION OVER THE
TRAFFIC INFRACTION, 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 MAXIMUM 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 AND PARKING VIOLATIONS 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.
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENALTIES
AND FORFEITURES COLLECTED BY THE WESTCHESTER COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN
S. 9097 89
HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND
FORFEITURES FOR VIOLATIONS ADJUDICATED BY THE WESTCHESTER COUNTY TRAFFIC
AND PARKING VIOLATIONS AGENCY PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, WITH THE EXCEPTION OF PARKING VIOLATIONS 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 ACCOMPANIED BY A TRUE
AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER SHALL
PRESCRIBE.
§ 49. Section 99-l of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. THE COUNTY OF WESTCHESTER SHALL BE ENTITLED TO RECEIVE THE AMOUNTS
SET FORTH IN SUBDIVISION ONE OF THIS SECTION FOR THE SERVICES OF THE
WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY AND FOR ALL
OTHER SERVICES INSTITUTED AND TRIABLE IN AND BY SUCH AGENCY WHEREIN A
FINE IS IMPOSED, A SURCHARGE OF TEN DOLLARS.
§ 50. Subdivision 3 of section 99-a of the state finance law, as
amended by section 4 of part I of chapter 58 of the laws of 2018, 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 AND WEST-
CHESTER counties traffic and parking violations agencies, and by the
city of Buffalo traffic violations agency, and by the city of Rochester
traffic violations agency, 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 AND
WESTCHESTER counties 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 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 [and],
Suffolk AND WESTCHESTER counties traffic and parking violations agencies
or the city of Buffalo traffic violations agency or the city of Roches-
ter 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.
§ 51. Subdivision 3 of section 99-a of the state finance law, as
amended by chapter 157 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 AND WEST-
CHESTER counties traffic and parking violations agencies, and by the
city of Buffalo traffic violations agency, and by the city of Rochester
traffic violations agency to the justice court fund and for the distrib-
S. 9097 90
ution 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 AND
WESTCHESTER counties 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 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 [and],
Suffolk AND WESTCHESTER counties traffic and parking violations agencies
or the city of Buffalo traffic violations agency or the city of Roches-
ter 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.
§ 52. Paragraph (e) of subdivision 2 of section 39 of the judiciary
law, as amended by section 4 of part K of chapter 56 of the laws of
2010, is amended to read as follows:
(e) All fees collected pursuant to sections eighteen hundred three,
eighteen hundred three-A and nineteen hundred eleven of the New York
city civil court act, all fees collected pursuant to state law by the
county clerks in the city of New York, except as otherwise provided
herein with respect to fees collected pursuant to subdivision (a) of
section eight thousand eighteen of the civil practice law and rules and
except those fees collected by the clerk of Richmond county which in the
other counties of the city of New York are collected by the city regis-
ters, all fees collected pursuant to section eight thousand eighteen of
the civil practice law and rules except only to the extent of one
hundred sixty-five dollars of any fee collected pursuant to subparagraph
(i) of paragraph one of subdivision (a) of such section and except for
those collected pursuant to subparagraph (ii) of paragraph one [of para-
graph three] of such subdivision (a), all fees collected pursuant to
section eight thousand twenty of the civil practice law and rules except
for those collected pursuant to subdivisions (f), (g) and (h) of said
section, all fees collected pursuant to section eight thousand twenty-
two of the civil practice law and rules, all fees collected pursuant to
section twenty-four hundred two of the surrogate's court procedure act,
all fees collected pursuant to section eighteen hundred three, eighteen
hundred three-A and subdivision (a) of section nineteen hundred eleven
of the uniform district court act, all fees collected pursuant to
section eighteen hundred three, eighteen hundred three-A and subdivision
(a) of section nineteen hundred eleven of the uniform city court act and
all fines, penalties and forfeitures collected pursuant to subdivision
eight of section eighteen hundred three of the vehicle and traffic law,
except such fines, penalties and forfeitures collected by the Nassau
COUNTY AND WESTCHESTER county traffic and parking violations [agency]
AGENCIES, section 71-0211 of the environmental conservation law, section
two hundred one of the navigation law and subdivision one of section
27.13 of the parks, recreation and historic preservation law shall be
paid to the state commissioner of taxation and finance on a monthly
basis no later than ten days after the last day of each month. The
S. 9097 91
additional fee of five dollars collected by county clerks in New York
city pursuant to paragraph three of subdivision (a) of section eight
thousand eighteen of the civil practice law and rules shall be distrib-
uted monthly by the county clerks as follows: four dollars and seventy-
five cents to the commissioner of education for deposit into the local
government records management improvement funds; and twenty-five cents
to the city of New York.
§ 53. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-f of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.
§ 54. Notwithstanding any provision of law to the contrary no non-ju-
dicial employee of any local court located in the county of Westchester
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.
§ 55. The administrative judge of Westchester county shall issue on an
annual basis, beginning eighteen months following the creation of the
Westchester county traffic and parking violations agency pursuant to
Westchester county local law, a report detailing the progress, develop-
ment and operations 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 Westchester county executive,
the legislature of the county of Westchester, the presiding judge of the
Westchester county district court and the Westchester county district
attorney.
§ 56. 1. This section shall be known and may be cited as the "New
York city public works investment act".
2. For the purposes of this section:
(a) "Authorized entity" shall mean the New York city department of
design and construction, the New York city department of transportation
and the New York city health and hospitals corporation.
(b) "Best value" shall mean the basis for awarding contracts for
services to a proposer that optimizes quality, cost and efficiency,
price and performance criteria, which may include, but is not limited
to:
(1) The quality of the proposer's performance on previous projects;
(2) The timeliness of the proposer's performance on previous projects;
(3) The level of customer satisfaction with the proposer's performance
on previous projects;
(4) The proposer's record of performing previous projects on budget
and ability to minimize cost overruns;
(5) The proposer's ability to limit change orders;
(6) The proposer's ability to prepare appropriate project plans;
(7) The proposer's technical capacities;
(8) The individual qualifications of the proposer's key personnel;
(9) The proposer's ability to assess and manage risk and minimize risk
impact;
(10) The proposer's financial capability;
(11) The proposer's ability to comply with applicable requirements,
including the provisions of articles 145, 147 and 148 of the education
law;
(12) The proposer's past record of compliance with federal, state and
local laws, rules, licensing requirements, where applicable, and execu-
tive orders, including but not limited to compliance with the labor law
S. 9097 92
and other applicable labor and prevailing wage laws, article 15-A of the
executive law, and any other applicable laws concerning minority- and
women-owned business enterprise participation;
(13) The proposer's record of complying with existing labor standards,
maintaining harmonious labor relations, and protecting the health and
safety of workers and payment of wages above any locally-defined living
wage; and
(14) A quantitative factor to be used in evaluation of bids or offers
for awarding of contracts for bidders or offerers that are certified as
minority- or women-owned business enterprises as defined in subdivisions
1, 7, 15 and 20 of section 310 of the executive law, or certified pursu-
ant to local law as minority- or women-owned business enterprises.
Such basis shall reflect, wherever possible, objective and quantifi-
able analysis.
(c) "Cost plus" shall mean compensating a contractor for the cost to
complete a contract by reimbursing actual costs for labor, equipment and
materials plus an additional amount for overhead and profit.
(d) "Design-build contract" shall mean a contract for the design and
construction of a public work with a single entity, which may be a team
comprised of separate entities.
(e) "Project labor agreement" shall have the meaning set forth in
subdivision 1 of section 222 of the labor law. A project labor agreement
shall require participation in apprentice training programs in accord-
ance with paragraph (e) of subdivision 2 of such section.
(f) "Public work" shall mean a public work related to one of the
following, and shall refer to any of these public works:
(1) the Rodman's Neck firearms and tactical training facility;
(2) the Crossroads youth facility in the Brownsville section of Kings
county;
(3) the Horizons adolescent facility in the Mott Haven section of
Bronx county;
(4) a new police department precinct in Southeast Queens;
(5) the Staten Island ferry terminal and related facilities resiliency
efforts;
(6) the Elmhurst Hospital emergency room renovation in Queens county;
(7) Franklin D. Roosevelt East River Drive bridge northbound from the
vicinity of 42nd street to the vicinity of 49th street in New York coun-
ty,
(8) Bridges along the Belt parkway from the vicinity of Sheepshead Bay
to the vicinity of Nostrand avenue in Kings county,
(9) Property clerk storage and operations facility for the police
department of the city of New York in Queens county,
(10) Kensico-Eastview connection water tunnel from the Kensico Reser-
voir to the Catskill Delaware Ultraviolet Facility at Eastview in West-
chester county, or
(11) Hillview Central Distribution Facility at Hillview Reservoir in
Westchester county.
3. Any contract for a public work undertaken pursuant to a project
labor agreement in accordance with section 222 of the labor law may be a
design-build contract in accordance with this section.
4. Notwithstanding any general, special or local law, rule or regu-
lation to the contrary, including but not limited to article 5-A of the
general municipal law and section 8 of the New York city health and
hospitals corporation act, and in conformity with the requirements of
this section, for any public work that has an estimated total cost of
not less than ten million dollars and is undertaken pursuant to a
S. 9097 93
project labor agreement in accordance with section 222 of the labor law,
an authorized entity charged with awarding a contract for public work
may use the alternative delivery method referred to as design-build
contracts.
(a) A contractor selected by such authorized entity to enter into a
design-build contract shall be selected through a two-step method, as
follows:
(1) Step one. Generation of a list of responding entities that have
demonstrated the general capability to perform the design-build
contract. Such list shall consist of a specified number of responding
entities, as determined by an authorized entity, and shall be generated
based upon the authorized entity's review of responses to a publicly
advertised request for qualifications. The authorized entity's request
for qualifications shall include a general description of the public
work, the maximum number of responding entities to be included on the
list, the selection criteria to be used and the relative weight of each
criteria in generating the list. Such selection criteria shall include
the qualifications and experience of the design and construction team,
organization, demonstrated responsibility, ability of the team or of a
member or members of the team to comply with applicable requirements,
including the provisions of articles 145, 147 and 148 of the education
law, past record of compliance with the labor law, and such other quali-
fications the authorized entity deems appropriate, which may include but
are not limited to project understanding, financial capability and
record of past performance. The authorized entity shall evaluate and
rate all responding entities to the request for qualifications. Based
upon such ratings, the authorized entity shall list the responding enti-
ties that shall receive a request for proposals in accordance with
subparagraph two of this paragraph. To the extent consistent with appli-
cable federal law, the authorized entity shall consider, when awarding
any contract pursuant to this subdivision, the participation of (i)
responding entities that are certified as minority- or women-owned busi-
ness enterprises as defined in subdivisions 1, 7, 15 and 20 of section
310 of the executive law, or certified pursuant to local law as minori-
ty- or women-owned business enterprises; and (ii) small business
concerns identified pursuant to subdivision (b) of section 139-g of the
state finance law; and
(2) Step two. Selection of the proposal which is the best value to the
authorized entity. The authorized entity shall issue a request for
proposals to the responding entities listed pursuant to subparagraph one
of this paragraph. If such a responding entity consists of a team of
separate entities, the entities that comprise such a team must remain
unchanged from the responding entity as listed pursuant to subparagraph
one of this paragraph unless otherwise approved by the authorized enti-
ty. The request for proposals shall set forth the public work's scope of
work, and other requirements, as determined by the authorized entity,
which may include separate goals for work under the contract to be
performed by businesses certified as minority- or women-owned business
enterprises as defined in subdivisions 1, 7, 15 and 20 of section 310 of
the executive law, or certified pursuant to local law as minority- or
women-owned business enterprises. The request for proposals shall also
specify the criteria to be used to evaluate the responses and the rela-
tive weight of each of such criteria. Such criteria shall include the
proposal's cost, the quality of the proposal's solution, the qualifica-
tions and experience of the proposer, and other factors deemed pertinent
by the authorized entity, which may include, but shall not be limited
S. 9097 94
to, the proposal's manner and schedule of project implementation, the
proposer's ability to complete the work in a timely and satisfactory
manner, maintenance costs of the completed public work, maintenance of
traffic approach, and community impact. Any contract awarded pursuant to
this section shall be awarded to a responsive and responsible proposer,
which, in consideration of these and other specified criteria deemed
pertinent, offers the best value, as determined by the authorized enti-
ty. The request for proposals shall include a statement that proposers
shall designate in writing those portions of the proposal that contain
trade secrets or other proprietary information that are to remain confi-
dential; that the material designated as confidential shall be readily
separable from the proposal. Nothing in this paragraph shall be
construed to prohibit the authorized entity from negotiating final
contract terms and conditions including cost. All proposals submitted
shall be scored according to the criteria listed in the request for
proposals and such final scores shall be published on the authorized
entity's website.
(b) An authorized entity awarding a design-build contract to a
contractor offering the best value may but shall not be required to use
the following types of contracts:
(1) A cost-plus not to exceed guaranteed maximum price form of
contract in which the authorized entity shall be entitled to monitor and
audit all costs. In establishing the schedule and process for determin-
ing a guaranteed maximum price, the contract between the authorized
entity and the contractor shall:
(i) Describe the scope of the work and the cost of performing such
work,
(ii) Include a detailed line item cost breakdown,
(iii) Include a list of all drawings, specifications and other infor-
mation on which the guaranteed maximum price is based,
(iv) Include the dates of substantial and final completion on which
the guaranteed maximum price is based, and
(v) Include a schedule of unit prices; or
(2) A lump sum contract in which the contractor agrees to accept a set
dollar amount for a contract which comprises a single bid without
providing a cost breakdown for all costs such as for equipment, labor,
materials, as well as such contractor's profit for completing all items
of work comprising the public work.
5. Any contract entered into pursuant to this section shall include a
clause requiring that any professional services regulated by articles
145, 147 and 148 of the education law shall be performed and stamped and
sealed, where appropriate, by a professional licensed in accordance with
the appropriate article.
6. Construction with respect to each contract entered into by an
authorized entity pursuant to this section shall be deemed a "public
work" to be performed in accordance with the provisions of article 8 of
the labor law, as well as subject to sections 200, 240, 241 and 242 of
such law and enforcement of prevailing wage requirements pursuant to
applicable law or, for projects or public works receiving federal aid,
applicable federal requirements for prevailing wage. Any contract
entered into pursuant to this section shall include a clause requiring
the selected design builder to obligate every tier of contractor working
on the public work to comply with the project labor agreement referenced
in subdivision three of this section, and shall include project labor
agreement compliance monitoring and enforcement provisions consistent
with the applicable project labor agreement.
S. 9097 95
7. Each contract entered into by an authorized entity pursuant to this
section shall comply with the objectives and goals with regard to minor-
ity- and women-owned business enterprises pursuant to, as applicable,
section 6-129 of the administrative code of the city of New York and
subdivision 6 of section 8 of the New York city health and hospitals
corporation act, or, for projects or public works receiving federal aid,
applicable federal requirements for disadvantaged business enterprises
or minority- and women-owned business enterprises.
8. Public works undertaken by an authorized entity pursuant to this
section shall be subject to the requirements of article 8 of the envi-
ronmental conservation law, and, where applicable, the requirements of
the National Environmental Policy Act.
9. (a) Notwithstanding any provision of law to the contrary, all
rights or benefits, including terms and conditions of employment, and
protection of civil service and collective bargaining status of all
employees of authorized entities solely in connection with the public
works identified in paragraph (f) of subdivision two of this section,
shall be preserved and protected.
(b) Nothing in this section shall result in the: (1) displacement of
any currently employed worker or loss of position (including partial
displacement such as a reduction in the hours of non-overtime work,
wages or employment benefits), or result in the impairment of existing
collective bargaining agreements; and (2) transfer of existing duties
and functions related to maintenance and operations currently performed
by existing employees of authorized entities to a contractor.
(c) Employees of authorized entities using design-build contracts
serving in positions in newly created titles shall be assigned to the
appropriate bargaining unit. Nothing contained in this section shall be
construed to affect (1) the existing rights of employees of such enti-
ties pursuant to an existing collective bargaining agreement, (2) the
existing representational relationships among employee organizations
representing employees of such entities, or (3) the bargaining relation-
ships between such entities and such employee organizations.
10. The submission of a proposal or responses or the execution of a
design-build contract pursuant to this section shall not be construed to
be a violation of section 6512 of the education law.
11. Nothing contained in this section shall limit the right or obli-
gation of any authorized entity to comply with the provisions of any
existing contract or to award contracts as otherwise provided by law.
§ 57. Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of the
criminal procedure law are amended and a new subdivision 3-a is added to
read as follows:
1. "Principal" means a defendant in a criminal action or proceeding,
or a person adjudged a material witness therein, or any other person so
involved therein that [he] THE PRINCIPAL may by law be compelled to
appear before a court for the purpose of having such court exercise
control over [his] THE PRINCIPAL'S person to secure [his] THE PRINCI-
PAL'S future attendance at the action or proceeding when required, and
who in fact either is before the court for such purpose or has been
before it and been subjected to such control.
2. "Release on own recognizance." A court releases a principal on
[his] THE PRINCIPAL'S own recognizance when, having acquired control
over [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
at liberty during the pendency of the criminal action or proceeding
involved upon condition that [he] THE PRINCIPAL will appear thereat
whenever [his] THE PRINCIPAL'S attendance may be required and will at
S. 9097 96
all times render [himself] THE PRINCIPAL amenable to the orders and
processes of the court.
3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
PERSON, IT AUTHORIZES THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
THE CRIMINAL ACTION OR PROCEEDING INVOLVED UNDER CONDITIONS ORDERED BY
THE COURT, THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
A PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE COST OF
RELEASE ON NON-MONETARY CONDITIONS.
4. "Commit to the custody of the sheriff." A court commits a principal
to the custody of the sheriff when, having acquired control over [his]
THE PRINCIPAL'S person, it orders that [he] THE PRINCIPAL be confined in
the custody of the sheriff during the pendency of the criminal action or
proceeding involved.
5. "Securing order" means an order of a court committing a principal
to the custody of the sheriff, or fixing bail, or releasing [him on his]
THE PRINCIPAL ON THE PRINCIPAL'S own recognizance OR RELEASING THE PRIN-
CIPAL UNDER NON-MONETARY CONDITIONS.
6. "Order of recognizance or bail" means a securing order releasing a
principal on [his] THE PRINCIPAL'S own recognizance OR UNDER NON-MONE-
TARY CONDITIONS or fixing bail.
7. "Application for recognizance or bail" means an application by a
principal that the court, instead of committing [him] THE PRINCIPAL to
or retaining [him] THE PRINCIPAL in the custody of the sheriff, either
release [him on his own] THE PRINCIPAL ON THE PRINCIPAL'S OWN recogni-
zance [or], RELEASE UNDER NON-MONETARY CONDITIONS, OR fix bail.
8. "Post bail" means to deposit bail in the amount and form fixed by
the court, with the court or with some other authorized public servant
or agency.
9. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH A CRED-
IT CARD.
§ 58. Section 510.10 of the criminal procedure law, as amended by
chapter 459 of the laws of 1984, is amended to read as follows:
§ 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
TO BE APPLIED.
1. When a principal, whose future court attendance at a criminal
action or proceeding is or may be required, [initially] comes under the
control of a court, such court [must] SHALL, IN ACCORDANCE WITH THIS
TITLE, by a securing order[, either] release [him] THE PRINCIPAL on
[his] THE PRINCIPAL'S own recognizance, RELEASE THE PRINCIPAL UNDER
NON-MONETARY CONDITIONS, OR fix bail or commit [him] THE PRINCIPAL to
the custody of the sheriff.
2. A PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL UNDER THIS
CHAPTER IN PREPARING AN APPLICATION FOR RELEASE, WHEN A SECURING ORDER
IS BEING CONSIDERED AND WHEN A SECURING ORDER IS BEING REVIEWED FOR
MODIFICATION, REVOCATION OR TERMINATION. IF THE PRINCIPAL IS FINANCIALLY
UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRINCIPAL.
3. IN CASES WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
STANDS CHARGED IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A
MISDEMEANOR OFFENSE THE COURT SHALL RELEASE THE PRINCIPAL PENDING TRIAL
ON THE PRINCIPAL'S OWN RECOGNIZANCE, UNLESS THE COURT FINDS ON THE
RECORD OR IN WRITING THAT RELEASE ON THE PRINCIPAL'S OWN RECOGNIZANCE
WILL NOT REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. IN SUCH
INSTANCES, THE COURT SHALL RELEASE THE PRINCIPAL UNDER NON-MONETARY
CONDITIONS OR FIX BAIL, SELECTING THE LEAST RESTRICTIVE ALTERNATIVE AND
CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
S. 9097 97
THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE
RECORD OR IN WRITING.
4. WITH RESPECT TO ANY CHARGE FOR WHICH BAIL OR REMAND IS NOT
ORDERED, A DEFENDANT MAY, AT ANY TIME, REQUEST THAT THE COURT SET BAIL
IN A NOMINAL AMOUNT REQUESTED BY THE DEFENDANT IN THE FORM SPECIFIED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 520.10 OF THIS TITLE; IF THE
COURT IS SATISFIED THAT THE REQUEST IS VOLUNTARY, THE COURT SHALL SET
SUCH BAIL IN SUCH AMOUNT.
5. When a securing order is revoked or otherwise terminated in the
course of an uncompleted action or proceeding but the principal's future
court attendance still is or may be required and [he] THE PRINCIPAL is
still under the control of a court, a new securing order must be issued.
When the court revokes or otherwise terminates a securing order which
committed the principal to the custody of the sheriff, the court shall
give written notification to the sheriff of such revocation or termi-
nation of the securing order.
§ 59. Section 510.20 of the criminal procedure law is amended to read
as follows:
§ 510.20 Application for [recognizance or bail; making and determi-
nation thereof in general] A CHANGE IN SECURING ORDER.
1. Upon any occasion when a court [is required to issue] HAS ISSUED a
securing order with respect to a principal[, or at any time when a] AND
THE principal is confined in the custody of the sheriff as a result of
THE SECURING ORDER OR a previously issued securing order, [he] THE PRIN-
CIPAL may make an application for recognizance, RELEASE UNDER NON-MONE-
TARY CONDITIONS or bail.
2. (A) THE PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL IN THE
MAKING AND PRESENTATION OF SUCH APPLICATION. IF THE PRINCIPAL IS FINAN-
CIALLY UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRIN-
CIPAL.
(B) Upon such application, the principal must be accorded an opportu-
nity to be heard, and to contend that an order of recognizance, RELEASE
UNDER NON-MONETARY CONDITIONS or, bail must or should issue, that the
court should release [him on his] THE PRINCIPAL ON THE PRINCIPAL'S own
recognizance OR UNDER NON-MONETARY CONDITIONS rather than fix bail, and
that if bail is AUTHORIZED AND fixed it should be in a suggested amount
and form.
§ 60. Section 510.30 of the criminal procedure law, subparagraph (v)
of paragraph (a) of subdivision 2 as amended by chapter 920 of the laws
of 1982, subparagraph (vi) of paragraph (a) of subdivision 2 as renum-
bered by chapter 447 of the laws of 1977, subparagraph (vii) as added
and subparagraphs (viii) and (ix) of paragraph (a) of subdivision 2 as
renumbered by section 1 of part D of chapter 491 of the laws of 2012,
and subdivision 3 as added by chapter 788 of the laws of 1981, is
amended to read as follows:
§ 510.30 Application for recognizance or bail; rules of law and criteria
controlling determination.
1. Determinations of applications for recognizance, RELEASE ON NON-
MONETARY CONDITIONS, or bail are not in all cases discretionary but are
subject to rules, prescribed in article five hundred thirty and other
provisions of law relating to specific kinds of criminal actions and
proceedings, providing (a) that in some circumstances such an applica-
tion must as a matter of law be granted, (b) that in others it must as a
matter of law be denied and the principal committed to or retained in
the custody of the sheriff, and (c) that in others the granting or
denial thereof is a matter of judicial discretion.
S. 9097 98
2. To the extent that the issuance of an order of recognizance,
RELEASE ON NON-MONETARY CONDITIONS, or bail and the terms thereof are
matters of discretion rather than of law, an application is determined
on the basis of the following factors and criteria:
(a) With respect to any principal, the court must consider the kind
and degree of control or restriction that is necessary to secure [his]
THE PRINCIPAL'S court attendance when required. In determining that
matter, the court must, on the basis of available information, consider
and take into account:
(i) The principal's character, reputation, habits and mental condi-
tion;
(ii) [His] THE PRINCIPAL'S employment and financial resources; and
(iii) [His] THE PRINCIPAL'S family ties and the length of [his] THE
PRINCIPAL'S residence if any in the community; and
(iv) [His] THE PRINCIPAL'S criminal record if any; and
(v) [His] THE PRINCIPAL'S record of previous adjudication as a juve-
nile delinquent, as retained pursuant to section 354.2 of the family
court act, or, of pending cases where fingerprints are retained pursuant
to section 306.1 of such act, or a youthful offender, if any; and
(vi) [His] THE PRINCIPAL'S previous record if any in responding to
court appearances when required or with respect to flight to avoid crim-
inal prosecution; and
(vii) Where the principal is charged with a crime or crimes against a
member or members of the same family or household as that term is
defined in subdivision one of section 530.11 of this title, the follow-
ing factors:
(A) any violation by the principal of an order of protection issued by
any court for the protection of a member or members of the same family
or household as that term is defined in subdivision one of section
530.11 of this title, whether or not such order of protection is
currently in effect; and
(B) the principal's history of use or possession of a firearm; and
(viii) If [he] THE PRINCIPAL is a defendant, the weight of the
evidence against him OR HER in the pending criminal action and any other
factor indicating probability or improbability of conviction; or, in the
case of an application for bail or recognizance pending appeal, the
merit or lack of merit of the appeal; and
(ix) If [he] THE PRINCIPAL is a defendant, the sentence which may be
or has been imposed upon conviction.
(b) Where the principal is a defendant-appellant in a pending appeal
from a judgment of conviction, the court must also consider the likeli-
hood of ultimate reversal of the judgment. A determination that the
appeal is palpably without merit alone justifies, but does not require,
a denial of the application, regardless of any determination made with
respect to the factors specified in paragraph (a).
3. When bail or recognizance is ordered, the court shall inform the
principal, if he OR SHE is a defendant charged with the commission of a
felony, that the release is conditional and that the court may revoke
the order of release and commit the principal to the custody of the
sheriff in accordance with the provisions of subdivision two of section
530.60 of this chapter if he OR SHE commits a subsequent felony while at
liberty upon such order.
§ 61. Section 510.40 of the criminal procedure law is amended to read
as follows:
§ 510.40 [Application for recognizance or bail; determination thereof,
form of securing order and execution thereof] COURT NOTIFI-
S. 9097 99
CATION TO PRINCIPAL OF CONDITIONS OF RELEASE AND OF ALLEGED
VIOLATIONS OF CONDITIONS OF RELEASE.
1. An application for recognizance or bail must be determined by a
securing order which either:
(a) Grants the application and releases the principal on his OR HER
own recognizance; or
(A-1) GRANTS THE APPLICATION AND RELEASES THE PRINCIPAL UNDER NON-MON-
ETARY CONDITIONS; OR
(b) Grants the application and fixes bail; or
(c) Denies the application and commits the principal to, or retains
him in, the custody of the sheriff.
2. Upon ordering that a principal be released on [his] THE PRINCIPAL'S
own recognizance, OR RELEASED UNDER NON-MONETARY CONDITIONS, OR, IF BAIL
HAS BEEN FIXED, UPON THE POSTING OF BAIL, the court must direct [him]
THE PRINCIPAL to appear in the criminal action or proceeding involved
whenever [his] THE PRINCIPAL'S attendance may be required and to [render
himself] BE at all times amenable to the orders and processes of the
court. If such principal is in the custody of the sheriff or at liberty
upon bail at the time of the order, the court must direct that [he] THE
PRINCIPAL be discharged from such custody or, as the case may be, that
[his] THE PRINCIPAL'S bail be exonerated.
3. Upon the issuance of an order fixing bail, and upon the posting
thereof, the court must examine the bail to determine whether it
complies with the order. If it does, the court must, in the absence of
some factor or circumstance which in law requires or authorizes disap-
proval thereof, approve the bail and must issue a certificate of
release, authorizing the principal to be at liberty, and, if [he] THE
PRINCIPAL is in the custody of the sheriff at the time, directing the
sheriff to discharge [him] THE PRINCIPAL therefrom. If the bail fixed
is not posted, or is not approved after being posted, the court must
order that the principal be committed to the custody of the sheriff.
4. NON-MONETARY CONDITIONS OF RELEASE SHALL BE INDIVIDUALIZED AND
ESTABLISHED IN WRITING BY THE COURT. AT FUTURE COURT APPEARANCES, THE
COURT SHALL CONSIDER A LESSENING OF CONDITIONS OR MODIFICATION OF CONDI-
TIONS TO A LESS BURDENSOME FORM BASED ON THE PRINCIPAL'S COMPLIANCE WITH
SUCH CONDITIONS OF RELEASE. IN THE EVENT OF ALLEGED NON-COMPLIANCE WITH
THE CONDITIONS OF RELEASE PURSUANT TO THIS SUBDIVISION, ADDITIONAL
CONDITIONS MAY BE IMPOSED BY THE COURT, ON THE RECORD OR IN WRITING,
ONLY AFTER NOTICE OF THE FACTS AND CIRCUMSTANCES OF SUCH ALLEGED NON-
COMPLIANCE, REASONABLE UNDER THE CIRCUMSTANCES, AFFORDING THE PRINCIPAL
AND THE PRINCIPAL'S ATTORNEY AND THE PEOPLE AN OPPORTUNITY TO BE HEARD.
FOLLOWING SUCH A FINDING, IN DETERMINING WHETHER TO IMPOSE ADDITIONAL
CONDITIONS FOR NON-COMPLIANCE, THE COURT SHALL CONSIDER AND MAY SELECT
CONDITIONS. THE COURT SHALL EXPLAIN ON THE RECORD OR IN WRITING THE
REASONS FOR ITS DETERMINATION AND FOR ANY CHANGES TO THE CONDITIONS
IMPOSED.
5. (A) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE ORDERED
IF THE COURT FINDS, AFTER NOTICE, AN OPPORTUNITY TO BE HEARD AND AN
INDIVIDUALIZED DETERMINATION EXPLAINED ON THE RECORD OR IN WRITING, THAT
THE DEFENDANT QUALIFIES FOR ELECTRONIC MONITORING IN ACCORDANCE WITH
SUBDIVISION TWENTY-ONE OF SECTION 500.10 OF THIS TITLE.
(B) THE SPECIFIC METHOD OF ELECTRONIC MONITORING OF THE PRINCIPAL'S
LOCATION MUST BE APPROVED BY THE COURT.
(C) ELECTRONIC MONITORING OF THE LOCATION OF A PRINCIPAL MAY BE
CONDUCTED ONLY BY A PUBLIC ENTITY UNDER THE SUPERVISION AND CONTROL OF A
COUNTY OR MUNICIPALITY. A COUNTY OR MUNICIPALITY SHALL BE AUTHORIZED TO
S. 9097 100
ENTER INTO A CONTRACT WITH ANOTHER COUNTY OR MUNICIPALITY IN THE STATE
TO MONITOR PRINCIPALS UNDER NON-MONETARY CONDITIONS OF RELEASE IN ITS
COUNTY.
(D) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE FOR A MAXI-
MUM PERIOD OF SIXTY DAYS, AND MAY BE RENEWED FOR SUCH PERIOD, AFTER
NOTICE, AN OPPORTUNITY TO BE HEARD AND A DE NOVO, INDIVIDUALIZED DETER-
MINATION IN ACCORDANCE WITH THIS SUBDIVISION, WHICH SHALL BE EXPLAINED
ON THE RECORD OR IN WRITING.
6. IF A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT
SHALL, ON THE RECORD AND IN AN INDIVIDUALIZED WRITTEN DOCUMENT PROVIDED
TO THE PRINCIPAL, NOTIFY THE PRINCIPAL, IN PLAIN LANGUAGE AND A MANNER
SUFFICIENTLY CLEAR AND SPECIFIC:
(A) OF ANY CONDITIONS TO WHICH THE PRINCIPAL IS SUBJECT, TO SERVE AS A
GUIDE FOR THE PRINCIPAL'S CONDUCT; AND
(B) THAT THE POSSIBLE CONSEQUENCES FOR VIOLATION OF SUCH A CONDITION
MAY INCLUDE REVOCATION OF THE SECURING ORDER AND THE ORDERING OF A MORE
RESTRICTIVE SECURING ORDER.
§ 62. Section 510.50 of the criminal procedure law is amended to read
as follows:
§ 510.50 Enforcement of securing order.
When the attendance of a principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time and place, the court may compel such attendance by directing the
sheriff to produce [him] THE PRINCIPAL at such time and place. If the
principal is at liberty on [his] THE PRINCIPAL'S own recognizance OR
NON-MONETARY CONDITIONS or on bail, [his] THE PRINCIPAL'S attendance
may be achieved or compelled by various methods, including notification
and the issuance of a bench warrant, prescribed by law in provisions
governing such matters with respect to the particular kind of action or
proceeding involved.
§ 63. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
procedure law, as amended by chapter 784 of the laws of 1972, is amended
to read as follows:
(b) The court [may] SHALL direct that the bail be posted in any one of
[two] THREE or more of the forms specified in subdivision one OF THIS
SECTION, designated in the alternative, and may designate different
amounts varying with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE
EITHER AN UNSECURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE
COURT.
§ 64. Section 530.10 of the criminal procedure law is amended to read
as follows:
§ 530.10 Order of recognizance RELEASE UNDER NON-MONETARY CONDITIONS or
bail; in general.
Under circumstances prescribed in this article, a court, upon applica-
tion of a defendant charged with or convicted of an offense, is required
[or authorized to order bail or recognizance] TO ISSUE A SECURING ORDER
for [the release or prospective release of] such defendant during the
pendency of either:
1. A criminal action based upon such charge; or
2. An appeal taken by the defendant from a judgment of conviction or
a sentence or from an order of an intermediate appellate court affirming
or modifying a judgment of conviction or a sentence.
§ 65. Subdivision 4 of section 530.11 of the criminal procedure law,
as added by chapter 186 of the laws of 1997, is amended to read as
follows:
S. 9097 101
4. When a person is arrested for an alleged family offense or an
alleged violation of an order of protection or temporary order of
protection or arrested pursuant to a warrant issued by the supreme or
family court, and the supreme or family court, as applicable, is not in
session, such person shall be brought before a local criminal court in
the county of arrest or in the county in which such warrant is return-
able pursuant to article one hundred twenty of this chapter. Such local
criminal court may issue any order authorized under subdivision eleven
of section 530.12 of this article, section one hundred fifty-four-d or
one hundred fifty-five of the family court act or subdivision three-b of
section two hundred forty or subdivision two-a of section two hundred
fifty-two of the domestic relations law, in addition to discharging
other arraignment responsibilities as set forth in this chapter. In
making such order, the local criminal court shall consider DE NOVO the
[bail] recommendation AND SECURING ORDER, if any, made by the supreme or
family court as indicated on the warrant or certificate of warrant.
Unless the petitioner or complainant requests otherwise, the court, in
addition to scheduling further criminal proceedings, if any, regarding
such alleged family offense or violation allegation, shall make such
matter returnable in the supreme or family court, as applicable, on the
next day such court is in session.
§ 66. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
procedure law, as added by chapter 388 of the laws of 1984, is amended
to read as follows:
(a) revoke an order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
TIONS or bail and commit the defendant to custody; or
§ 67. The opening paragraph of subdivision 1 of section 530.13 of the
criminal procedure law, as amended by chapter 137 of the laws of 2007,
is amended to read as follows:
When any criminal action is pending, and the court has not issued a
temporary order of protection pursuant to section 530.12 of this arti-
cle, the court, in addition to the other powers conferred upon it by
this chapter, may for good cause shown issue a temporary order of
protection in conjunction with any securing order [committing the
defendant to the custody of the sheriff or as a condition of a pre-trial
release, or as a condition of release on bail] or an adjournment in
contemplation of dismissal. In addition to any other conditions, such an
order may require that the defendant:
§ 68. Subdivision 11 of section 530.12 of the criminal procedure law,
as amended by chapter 498 of the laws of 1993, the opening paragraph as
amended by chapter 597 of the laws of 1998, paragraph (a) as amended by
chapter 222 of the laws of 1994, paragraph (d) as amended by chapter 644
of the laws of 1996, is amended to read as follows:
11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court is satisfied by
competent proof that the defendant has willfully failed to obey any such
order, the court may:
(a) revoke an order of recognizance OR RELEASE UNDER NON-MONETARY
CONDITIONS or revoke an order of bail or order forfeiture of such bail
and commit the defendant to custody; or
(b) restore the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant to custody;
or
S. 9097 102
(c) revoke a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal law based on the original
conviction; or
(d) revoke probation in accordance with section 410.70 of this chapter
and impose a sentence of imprisonment in accordance with the penal law
based on the original conviction. In addition, if the act which consti-
tutes the violation of the order of protection or temporary order of
protection is a crime or a violation the defendant may be charged with
and tried for that crime or violation.
§ 69. Subdivision 2 of section 530.20 of the criminal procedure law,
as amended by chapter 531 of the laws of 1975, subparagraph (ii) of
paragraph (b) as amended by chapter 218 of the laws of 1979, is amended
to read as follows:
2. When the defendant is charged, by felony complaint, with a felony,
the court may, in its discretion, order recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS, or bail OR COMMIT THE DEFENDANT TO THE CUSTODY
OF THE SHERIFF except as otherwise provided in this subdivision:
(a) A city court, a town court or a village court may not order recog-
nizance or bail when (i) the defendant is charged with a class A felony,
or (ii) it appears that the defendant has two previous felony
convictions;
(b) No local criminal court may order recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS or bail with respect to a defendant charged with
a felony unless and until:
(i) The district attorney has been heard in the matter or, after
knowledge or notice of the application and reasonable opportunity to be
heard, has failed to appear at the proceeding or has otherwise waived
his right to do so; and
(ii) The court has been furnished with a report of the division of
criminal justice services concerning the defendant's criminal record, if
any, or with a police department report with respect to the defendant's
prior arrest AND CONVICTION record, IF ANY. If neither report is avail-
able, the court, with the consent of the district attorney, may dispense
with this requirement; provided, however, that in an emergency, includ-
ing but not limited to a substantial impairment in the ability of such
division or police department to timely furnish such report, such
consent shall not be required if, for reasons stated on the record, the
court deems it unnecessary. When the court has been furnished with any
such report or record, it shall furnish a copy thereof to counsel for
the defendant or, if the defendant is not represented by counsel, to the
defendant.
§ 70. The section heading and subdivisions 1 and 2 of section 530.30
of the criminal procedure law, subdivision 2 as amended by chapter 762
of the laws of 1971, are amended to read as follows:
Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or bail; by
superior court judge when action is pending in local crimi-
nal court.
1. When a criminal action is pending in a local criminal court, other
than one consisting of a superior court judge sitting as such, a judge
of a superior court holding a term thereof in the county, upon applica-
tion of a defendant, may order recognizance, RELEASE UNDER NON-MONETARY
CONDITIONS or bail when such local criminal court:
(a) Lacks authority to issue such an order, pursuant to [paragraph (a)
of subdivision two] THE RELEVANT PROVISIONS of section 530.20 OF THIS
ARTICLE; or
S. 9097 103
(b) Has denied an application for recognizance, RELEASE UNDER NON-MON-
ETARY CONDITIONS or bail; or
(c) Has fixed bail which is excessive; OR
(D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
WHICH ARE MORE RESTRICTIVE THAN NECESSARY TO REASONABLY ASSURE THE
DEFENDANT'S RETURN TO COURT.
In such case, such superior court judge may vacate the order of such
local criminal court and release the defendant on [his own] recognizance
OR UNDER NON-MONETARY CONDITIONS, or fix bail in a lesser amount or in a
less burdensome form. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE
AND CONDITIONS ON THE RECORD OR IN WRITING.
2. Notwithstanding the provisions of subdivision one OF THIS SECTION,
when the defendant is charged with a felony in a local criminal court, a
superior court judge may not order recognizance, RELEASE UNDER NON-MONE-
TARY CONDITIONS or bail unless and until the district attorney has had
an opportunity to be heard in the matter and such judge has been
furnished with a report as described in subparagraph (ii) of paragraph
(b) of subdivision two of section 530.20 OF THIS ARTICLE.
§ 71. Section 530.40 of the criminal procedure law, subdivision 3 as
amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
by chapter 762 of the laws of 1971, is amended to read as follows:
§ 530.40 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or
bail; by superior court when action is pending therein.
When a criminal action is pending in a superior court, such court,
upon application of a defendant, must or may order recognizance or bail
as follows:
1. When the defendant is charged with an offense or offenses of less
than felony grade only, the court must order recognizance or [bail]
RELEASE UNDER NON-MONETARY CONDITIONS, OR BAIL IN ACCORDANCE WITH THIS
SECTION.
2. When the defendant is charged with a felony, the court may, in its
discretion, order recognizance [or], RELEASE UNDER NON-MONETARY CONDI-
TIONS OR bail. In any such case in which an indictment (a) has resulted
from an order of a local criminal court holding the defendant for the
action of the grand jury, or (b) was filed at a time when a felony
complaint charging the same conduct was pending in a local criminal
court, and in which such local criminal court or a superior court judge
has issued an order of recognizance [or], RELEASE UNDER NON-MONETARY
CONDITIONS OR bail which is still effective, the superior court's order
may be in the form of a direction continuing the effectiveness of the
previous order.
3. WITH RESPECT TO ANY CHARGE FOR WHICH BAIL OR REMAND IS NOT ORDERED,
A DEFENDANT MAY, AT ANY TIME, REQUEST THAT THE COURT SET BAIL IN A NOMI-
NAL AMOUNT REQUESTED BY THE DEFENDANT IN THE FORM SPECIFIED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 520.10 OF THIS TITLE; IF THE COURT IS
SATISFIED THAT THE REQUEST IS VOLUNTARY, THE COURT SHALL SET SUCH BAIL
IN SUCH AMOUNT.
4. Notwithstanding the provisions of subdivision two OF THIS SECTION,
a superior court may not order recognizance, RELEASE UNDER NON-MONETARY
CONDITIONS or bail, or permit a defendant to remain at liberty pursuant
to an existing order, after [he] THE DEFENDANT has been convicted of
either: (a) a class A felony or (b) any class B or class C felony AS
defined in article one hundred thirty of the penal law committed or
attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age. In either case the
court must commit or remand the defendant to the custody of the sheriff.
S. 9097 104
[4.] 5. Notwithstanding the provisions of subdivision two OF THIS
SECTION, a superior court may not order recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS or bail when the defendant is charged with a
felony unless and until the district attorney has had an opportunity to
be heard in the matter and such court has been furnished with a report
as described in subparagraph (ii) of paragraph (b) of subdivision two of
section 530.20 OF THIS ARTICLE.
§ 72. Subdivision 1 of section 530.45 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
1. When the defendant is at liberty in the course of a criminal action
as a result of a prior order of recognizance, RELEASE UNDER NON-MONETARY
CONDITIONS or bail and the court revokes such order and then [either],
WHERE AUTHORIZED, fixes no bail or fixes bail in a greater amount or in
a more burdensome form than was previously fixed and remands or commits
defendant to the custody of the sheriff, OR ISSUES A MORE RESTRICTIVE
SECURING ORDER, a judge designated in subdivision two OF THIS SECTION,
upon application of the defendant following conviction of an offense
other than a class A felony or a class B or class C felony offense AS
defined in article one hundred thirty of the penal law committed or
attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age, and before sentencing,
may issue a securing order and [either] release THE defendant on [his]
THE DEFENDANT'S own recognizance, RELEASE THE DEFENDANT UNDER NON-MONE-
TARY CONDITIONS, or fix bail[,] or fix bail in a lesser amount or in a
less burdensome form, OR ISSUE A LESS RESTRICTIVE SECURING ORDER, than
fixed by the court in which the conviction was entered.
§ 73. Section 530.60 of the criminal procedure law, subdivision 1 as
amended by chapter 565 of the laws of 2011, subdivision 2 as added by
chapter 788 of the laws of 1981 and paragraph (a) of subdivision 2 as
amended by chapter 794 of the laws of 1986, is amended to read as
follows:
§ 530.60 [Order of recognizance or bail; revocation thereof] CERTAIN
MODIFICATIONS OF A SECURING ORDER.
1. Whenever in the course of a criminal action or proceeding a defend-
ant is at liberty as a result of an order of recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS or bail issued pursuant to this chapter, and the
court considers it necessary to review such order, it may, and by a
bench warrant if necessary, require the defendant to appear before the
court. Upon such appearance, the court, for good cause shown, may revoke
the order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS, or
bail. If the defendant is entitled to recognizance, RELEASE UNDER NON-
MONETARY CONDITIONS, or bail as a matter of right, the court must issue
another such order. If [he or she] THE DEFENDANT is not, the court may
either issue such an order or commit the defendant to the custody of the
sheriff IN ACCORDANCE WITH THIS SECTION.
Where the defendant is committed to the custody of the sheriff and is
held on a felony complaint, a new period as provided in section 180.80
of this chapter shall commence to run from the time of the defendant's
commitment under this subdivision.
2. (a) Whenever in the course of a criminal action or proceeding a
defendant charged with the commission of a felony is at liberty as a
result of an order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
TIONS or bail issued pursuant to this article it shall be grounds for
revoking such order that the court finds reasonable cause to believe the
defendant committed one or more specified class A or violent felony
S. 9097 105
offenses or intimidated a victim or witness in violation of [sections]
SECTION 215.15, 215.16 or 215.17 of the penal law while at liberty.
(B) Before revoking an order of recognizance, RELEASE UNDER NON-MONE-
TARY CONDITIONS, or bail pursuant to this subdivision, the court must
hold a hearing and shall receive any relevant, admissible evidence not
legally privileged. The defendant may cross-examine witnesses and may
present relevant, admissible evidence on his own behalf. Such hearing
may be consolidated with, and conducted at the same time as, a felony
hearing conducted pursuant to article one hundred eighty of this chap-
ter. A transcript of testimony taken before the grand jury upon presen-
tation of the subsequent offense shall be admissible as evidence during
the hearing. The district attorney may move to introduce grand jury
testimony of a witness in lieu of that witness' appearance at the hear-
ing.
[(b)] (C) Revocation of an order of recognizance, RELEASE UNDER NON-
MONETARY CONDITIONS or bail and A NEW SECURING ORDER FIXING BAIL OR
commitment, AS SPECIFIED IN THIS PARAGRAPH AND pursuant to this subdivi-
sion shall be for the following periods, either:
(i) For a period not to exceed ninety days exclusive of any periods of
adjournment requested by the defendant; or
(ii) Until the charges contained within the accusatory instrument have
been reduced or dismissed such that no count remains which charges the
defendant with commission of a felony; or
(iii) Until reduction or dismissal of the charges contained within the
accusatory instrument charging the subsequent offense such that no count
remains which charges the defendant with commission of a class A or
violent felony offense.
Upon expiration of any of the three periods specified within this
paragraph, whichever is shortest, the court may grant or deny release
upon an order of bail or recognizance in accordance with the provisions
of this article. Upon conviction to an offense the provisions of article
five hundred thirty of this chapter shall apply.
(D) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion a defendant, against whom a felony complaint has been filed which
charges the defendant with commission of a class A or violent felony
offense OR VIOLATION OF SECTION 215.15, 215.16 OR 215.17 OF THE PENAL
LAW committed while he was at liberty as specified therein, may be
committed to the custody of the sheriff pending a revocation hearing for
a period not to exceed seventy-two hours. An additional period not to
exceed seventy-two hours may be granted by the court upon application of
the district attorney upon a showing of good cause or where the failure
to commence the hearing was due to the defendant's request or occurred
with his consent. Such good cause must consist of some compelling fact
or circumstance which precluded conducting the hearing within the
initial prescribed period.
§ 74. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 258 of the laws of 2015, is amended
to read as follows:
(a) If at any time during the defendant's participation in the judi-
cial diversion program, the court has reasonable grounds to believe that
the defendant has violated a release condition or has failed to appear
before the court as requested, the court, shall direct the defendant to
appear or issue a bench warrant to a police officer or an appropriate
peace officer directing him or her to take the defendant into custody
and bring the defendant before the court without unnecessary delay;
provided, however, that under no circumstances shall a defendant who
S. 9097 106
requires treatment for opioid abuse or dependence be deemed to have
violated a release condition on the basis of his or her participation in
medically prescribed drug treatments under the care of a health care
professional licensed or certified under title eight of the education
law, acting within his or her lawful scope of practice. The provisions
of subdivision one of section 530.60 of this chapter relating to [revo-
cation of recognizance or bail] ISSUANCE OF SECURING ORDERS shall apply
to such proceedings under this subdivision.
§ 75. Section 410.60 of the criminal procedure law, as amended by
chapter 652 of the laws of 2008, is amended to read as follows:
§ 410.60 Appearance before court.
A person who has been taken into custody pursuant to section 410.40 or
section 410.50 of this article for violation of a condition of a
sentence of probation or a sentence of conditional discharge must forth-
with be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit [him] SUCH PERSON to the custody of the sheriff
[or], fix bail, RELEASE SUCH PERSON UNDER NON-MONETARY CONDITIONS or
release such person on [his] SUCH PERSON'S own recognizance for future
appearance at a hearing to be held in accordance with section 410.70 of
this article. If the court does not have reasonable cause to believe
that such person has violated a condition of the sentence, it must
direct that [he] SUCH PERSON be released.
§ 76. This act shall take effect immediately; provided, however,
that:
(a) sections seven, eight, nine, ten, eleven and twelve of this act
shall expire and be deemed repealed ten years after such date, provided,
however, that such repeal shall only occur if no property interests have
been acquired pursuant to such sections; provided further that the
commissioner of the department of transportation shall notify the legis-
lative bill drafting commission upon the occurrence of the repeal of the
legislation provided for in such sections 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;
(a-1) the amendments to section 1180-b of the vehicle and traffic law
made by sections twenty, twenty-one, twenty-two and twenty-three of this
act shall not affect the repeal of such section and shall be deemed
repealed therewith; and provided further that the amendments to para-
graph 2 of subdivision (a) of section 1180-b of the vehicle and traffic
law made by section twenty-one of this act shall take effect on the
ninetieth day after this act shall have become a law; and provided
further that sections twenty-seven through forty of this act shall take
effect on the thirtieth day after it shall have become a law and shall
expire 4 years after such effective date when upon such date the
provisions of sections twenty-seven through forty of this act shall be
deemed repealed; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
(a-2) the amendments to subdivision 1 of section 235 of the vehicle
and traffic law made by section twenty-seven of this act shall not
S. 9097 107
affect the expiration of such section and shall be deemed to expire
therewith, when upon such date the provisions of section twenty-eight of
this act shall take effect;
(a-3) the amendments to section 235 of the vehicle and traffic law
made by section twenty-eight of this act shall not affect the expiration
of such section and shall be deemed to expire therewith, when upon such
date the provisions of section twenty-eight-a of this act shall take
effect;
(a-4) the amendments to section 235 of the vehicle and traffic law
made by section twenty-eight-a of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith, when upon
such date the provisions of section twenty-eight-b of this act shall
take effect;
(a-5) the amendments to section 235 of the vehicle and traffic law
made by section twenty-eight-b of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith, when upon
such date the provisions of section twenty-eight-c of this act shall
take effect;
(a-6) the amendments to section 235 of the vehicle and traffic law
made by section twenty-eight-c of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith, when upon
such date the provisions of section twenty-eight-d of this act shall
take effect;
(a-7) the amendments to section 235 of the vehicle and traffic law
made by section twenty-eight-d of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith, when upon
such date the provisions of section twenty-eight-e of this act shall
take effect;
(a-8) the amendments to section 235 of the vehicle and traffic law
made by section twenty-eight-e of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith, when upon
such date the provisions of section twenty-eight-f of this act shall
take effect;
(b) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section twenty-nine of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section twenty-nine-a of this act
shall take effect;
(b-1) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section twenty-nine-a of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section twenty-nine-b
of this act shall take effect;
(b-2) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section twenty-nine-b of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section twenty-nine-c
of this act shall take effect;
(b-3) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section twenty-nine-c of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section twenty-nine-d
of this act shall take effect;
(b-4) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section twenty-nine-d of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
S. 9097 108
therewith, when upon such date the provisions of section twenty-nine-e
of this act shall take effect;
(b-5) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section twenty-nine-e of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section twenty-nine-f
of this act shall take effect;
(c) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section thirty-one of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
one-a of this act shall take effect;
(c-1) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section thirty-one-a of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
one-b of this act shall take effect;
(c-2) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section thirty-one-b of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
one-c of this act shall take effect;
(c-3) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section thirty-one-c of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
one-d of this act shall take effect;
(c-4) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section thirty-one-d of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
one-e of this act shall take effect;
(c-5) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section thirty-one-e of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
one-f of this act shall take effect;
(d) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section thirty-two of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-two-a of
this act shall take effect;
(d-1) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section thirty-two-a of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
two-b of this act shall take effect;
(d-2) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section thirty-two-b of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
two-c of this act shall take effect;
(d-3) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section thirty-two-c of this act shall
not affect the expiration of such subdivisions and shall be deemed to
S. 9097 109
expire therewith, when upon such date the provisions of section thirty-
two-d of this act shall take effect;
(d-4) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section thirty-two-d of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
two-e of this act shall take effect;
(d-5) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section thirty-two-e of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
two-f of this act shall take effect;
(e) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section thirty-three of this
act shall not affect the expiration of such paragraphs and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-three-a of this act shall take effect;
(e-1) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section thirty-three-a of
this act shall not affect the expiration of such paragraphs and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-three-b of this act shall take effect;
(e-2) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section thirty-three-b of
this act shall not affect the expiration of such paragraphs and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-three-c of this act shall take effect;
(e-3) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section thirty-three-c of
this act shall not affect the expiration of such paragraphs and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-three-d of this act shall take effect;
(e-4) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section thirty-three-d of
this act shall not affect the expiration of such paragraphs and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-three-e of this act shall take effect;
(e-5) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section thirty-three-e of
this act shall not affect the expiration of such paragraphs and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-three-f of this act shall take effect;
(f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section thirty-four of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-four-a
of this act shall take effect;
(f-1) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section thirty-four-a of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
four-b of this act shall take effect;
(f-2) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section thirty-four-b of this act shall
not affect the expiration of such subdivisions and shall be deemed to
S. 9097 110
expire therewith, when upon such date the provisions of section thirty-
four-c of this act shall take effect;
(f-3) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section thirty-four-c of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
four-d of this act shall take effect;
(f-4) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section thirty-four-d of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
four-e of this act shall take effect;
(f-5) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section thirty-four-e of this act shall
not affect the expiration of such subdivisions and shall be deemed to
expire therewith, when upon such date the provisions of section thirty-
four-f of this act shall take effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section thirty-six of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section thirty-six-a of this act
shall take effect;
(g-1) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section thirty-six-a of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-six-b of
this act shall take effect;
(g-2) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section thirty-six-b of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-six-c of
this act shall take effect;
(g-3) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section thirty-six-c of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-six-d of
this act shall take effect;
(g-4) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section thirty-six-d of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-six-e of
this act shall take effect;
(g-5) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section thirty-six-e of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-six-f of
this act shall take effect;
(g-6) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section thirty-six-f of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith, when upon such date the provisions of section thirty-six-g of
this act shall take effect;
(h) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section thirty-seven of this act
shall not affect the expiration of such paragraph and shall be deemed to
S. 9097 111
expire therewith, when upon such date the provisions of section thirty-
seven-a of this act shall take effect;
(h-1) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section thirty-seven-a of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-seven-b of this act shall take effect;
(h-2) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section thirty-seven-b of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-seven-c of this act shall take effect;
(h-3) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section thirty-seven-c of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-seven-d of this act shall take effect;
(h-4) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section thirty-seven-d of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-seven-e of this act shall take effect;
(h-5) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section thirty-seven-e of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-seven-f of this act shall take effect;
(i) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section thir-
ty-eight of this act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith, when upon such date the
provisions of section thirty-eight-a of this act shall take effect;
(i-1) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section thirty-eight-a of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-eight-b of this act shall take effect;
(i-2) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section thirty-eight-b of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-eight-c of this act shall take effect;
(i-3) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section thirty-eight-c of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-eight-d of this act shall take effect;
(i-4) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section thirty-eight-d of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-eight-e of this act shall take effect;
(i-5) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section thirty-eight-e of this
act shall not affect the expiration of such paragraph and shall be
S. 9097 112
deemed to expire therewith, when upon such date the provisions of
section thirty-eight-f of this act shall take effect; and
(i-6) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section thirty-eight-f of this
act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section thirty-eight-g of this act shall take effect;
(j) sections forty-one through fifty-five of this act shall take
effect on the thirtieth day after it shall have become a law and shall
expire 5 years after such effective date when upon such date the
provisions of sections forty-one through fifty-five of this act shall be
deemed repealed; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
(j-1) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section
forty-one of this act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith, when upon such date the
provisions of section one-a of this act shall take effect;
(k) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section forty-one-a of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
one-b of this act shall take effect;
(l) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section forty-one-b of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
one-c of this act shall take effect;
(m) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section forty-one-c of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
one-d of this act shall take effect;
(n) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section forty-one-d of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
one-e of this act shall take effect;
(o) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section forty-one-e of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
one-f of this act shall take effect;
(p) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section forty-one-f of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
one-g of this act shall take effect;
(q) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section forty-three of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section forty-three-a of this act
shall take effect;
(r) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section forty-three-a of this act shall not affect
S. 9097 113
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section forty-three-b of
this act shall take effect;
(s) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section forty-three-b of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section forty-three-c of
this act shall take effect;
(t) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section forty-three-c of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section forty-three-d of
this act shall take effect;
(u) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section forty-three-d of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section forty-three-e of
this act shall take effect;
(v) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section forty-three-e of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section forty-three-f of
this act shall take effect;
(w) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section forty-three-f of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section forty-three-g of
this act shall take effect;
(x) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section forty-four of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
four-a of this act shall take effect;
(y) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section forty-four-a of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
four-b of this act shall take effect;
(z) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section forty-four-b of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
four-c of this act shall take effect;
(aa) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section forty-four-c of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
four-d of this act shall take effect;
(bb) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section forty-four-d of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section forty-
four-e of this act shall take effect;
(cc) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section forty-four-e of this act
shall not affect the expiration of such paragraph and shall be deemed to
S. 9097 114
expire therewith, when upon such date the provisions of section forty-
four-f of this act shall take effect; and
(dd) the amendments to subdivision 3 of section 99-a of the state
finance law made by section fifty of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section fifty-one of this act shall
take effect;
(ee) section fifty-six of this act shall expire and be deemed repealed
4 years after such date; provided that, public works with requests for
qualifications issued prior to such repeal shall be permitted to contin-
ue under this act notwithstanding such repeal; and
(ff) sections seventeen, eighteen, nineteen, fifty-seven, fifty-eight,
fifty-nine, sixty, sixty-one, sixty-two, sixty-three, sixty-four,
sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy,
seventy-one, seventy-two, seventy-three, seventy-four and seventy-five
of this act shall take effect on the sixtieth day after it shall have
become a law.
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