S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5892
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the distrib-
   ution of fines from speed violation monitoring systems in work zones
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 11 and 12 of section 1803 of the vehicle and
 traffic law, as added by chapter 421 of the laws of 2021, are amended to
 read as follows:
   11. [Except as otherwise provided in paragraph e of subdivision one of
 this section, where] WHERE the commissioner of transportation has estab-
 lished a demonstration program imposing monetary liability on the  owner
 of  a vehicle for failure of an operator thereof to comply with subdivi-
 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-e of this  chapter,
 any  fine  or  penalty  collected by a court, judge, magistrate or other
 officer for an imposition of liability which  occurs  pursuant  to  such
 program shall be paid to the state comptroller within the first ten days
 of  the  month  following  collection,  EXCEPT  AS OTHERWISE PROVIDED IN
 SUBDIVISION THREE OF SECTION NINETY-NINE-A OF  THE  STATE  FINANCE  LAW.
 Every  such payment shall be accompanied by a statement in such form and
 detail as the comptroller shall provide.  [The  comptroller  shall  pay]
 NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FIVE OF THIS SECTION,
 eighty percent of any such fine or penalty imposed  for  such  liability
 SHALL  BE  PAID to the general fund, and twenty percent of any such fine
 or penalty SHALL BE PAID to the city,  town  or  village  in  which  the
 violation giving rise to the liability occurred, PROVIDED, HOWEVER, THAT
 WITHIN  A  COUNTY  THAT HAS ESTABLISHED A TRAFFIC AND PARKING VIOLATIONS
 AGENCY PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE GENERAL  MUNICI-
 PAL LAW AND SUCH LIABILITY IS DISPOSED OF BY SUCH AGENCY, EIGHTY PERCENT
 OF  ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10167-04-3
              

 S. 5892                             2
 
 THE GENERAL FUND, AND TWENTY PERCENT OF ANY SUCH FINE OR  PENALTY  SHALL
 BE  PAID TO THE COUNTY IN WHICH THE VIOLATION GIVING RISE TO THE LIABIL-
 ITY OCCURRED.  With respect to the percentage of fines or penalties paid
 to  the  general  fund, no less than sixty percent shall be dedicated to
 department of transportation work zone safety projects  after  deducting
 the   expenses  necessary  to  administer  such  demonstration  program,
 provided, however, that such funds provided pursuant to this subdivision
 shall be payable on the audit and warrant of the comptroller  and  shall
 only  be  used  to  supplement  and not supplant current expenditures of
 state funds on work zone safety  projects.  For  the  purposes  of  this
 subdivision, "work zone safety projects" shall apply to work zones under
 the  jurisdiction of the department of transportation and shall include,
 but not be limited  to,  inspection  and  implementation  of  work  zone
 design, maintenance, traffic plans and markings, worker safety training,
 contractor  outreach,  enforcement efforts, radar speed display signs at
 major active work zones and police presence at major active work  zones,
 as  provided in section twenty-two of the transportation law. All fines,
 penalties and forfeitures paid to a COUNTY, city, town or village pursu-
 ant to the provisions of this  subdivision  shall  be  credited  to  the
 general  fund  of such COUNTY, city, town or village, unless a different
 disposition is prescribed by charter, special law, local  law  or  ordi-
 nance.
   12. [Except as otherwise provided in paragraph e of subdivision one of
 this  section,  where]  WHERE  the  chair  of the New York state thruway
 authority has established  a  demonstration  program  imposing  monetary
 liability  on  the owner of a vehicle for failure of an operator thereof
 to comply with subdivision (b),  (d),  (f)  or  (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-e  of  this  chapter,  any  fine or penalty collected by a court,
 judge, magistrate or other officer for an imposition of liability  which
 occurs  pursuant  to such program shall be paid to the state comptroller
 within the first ten days of the month following collection,  EXCEPT  AS
 OTHERWISE  PROVIDED IN SUBDIVISION THREE OF SECTION NINETY-NINE-A OF THE
 STATE FINANCE LAW.  Every such payment shall be accompanied by a  state-
 ment  in  such  form  and  detail as the comptroller shall provide. [The
 comptroller shall pay] NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION
 FIVE OF THIS SECTION, eighty percent of any such fine or penalty imposed
 for  such  liability  SHALL BE PAID to the thruway authority, and twenty
 percent of any such fine or penalty SHALL BE PAID to the city,  town  or
 village  in  which  the violation giving rise to the liability occurred,
 PROVIDED, HOWEVER, THAT WITHIN A COUNTY THAT HAS ESTABLISHED  A  TRAFFIC
 AND  PARKING VIOLATIONS AGENCY PURSUANT TO SECTION THREE HUNDRED SEVENTY
 OF THE GENERAL MUNICIPAL LAW AND SUCH LIABILITY IS DISPOSED OF  BY  SUCH
 AGENCY,  EIGHTY  PERCENT  OF  ANY  SUCH FINE OR PENALTY IMPOSED FOR SUCH
 LIABILITY SHALL BE PAID TO THE THRUWAY AUTHORITY, AND TWENTY PERCENT  OF
 ANY  SUCH  FINE  OR  PENALTY  SHALL  BE  PAID TO THE COUNTY IN WHICH THE
 VIOLATION GIVING RISE TO THE LIABILITY OCCURRED.   With respect  to  the
 percentage  of fines or penalties paid to the thruway authority, no less
 than sixty percent shall be dedicated to  thruway  authority  work  zone
 safety  projects  after  deducting  the expenses necessary to administer
 such demonstration program, provided, however, that such funds  provided
 pursuant  to  this subdivision shall be payable on the audit and warrant
 of the comptroller and shall only be used to supplement and not supplant
 current expenditures of state funds on work zone  safety  projects.  For
 the  purposes  of  this  subdivision,  "work zone safety projects" shall
 apply to work zones under the jurisdiction of the thruway authority  and
 S. 5892                             3
 
 shall  include,  but not be limited to, inspection and implementation of
 work zone design, maintenance, traffic plans and markings, worker safety
 training, contractor outreach, enforcement efforts, radar speed  display
 signs  at  major  active  work zones and police presence at major active
 work zones, as provided in section twenty-two of the transportation law.
 For the purposes of this subdivision, the term "thruway authority" shall
 mean the New York state thruway authority, a body corporate and  politic
 constituting  a  public  corporation created and constituted pursuant to
 title nine of article two of the  public  authorities  law.  All  fines,
 penalties and forfeitures paid to a COUNTY, city, town or village pursu-
 ant  to  the  provisions  of  this  subdivision shall be credited to the
 general fund of such COUNTY, city, town or village, unless  a  different
 disposition  is  prescribed  by charter, special law, local law or ordi-
 nance.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments to subdivisions 11 and 12 of section 1803 of the vehicle
 and traffic law made by section one of this act  shall  not  affect  the
 expiration  and repeal of such subdivisions and shall be deemed repealed
 therewith.