S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7026
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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  adjudi-
   cations  and owner liability for a violation of traffic-control signal
   indications in the county of Westchester; to amend the public officers
   law, in relation to accessing records; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1111-g to read as follows:
   § 1111-G. 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 FIFTY INTERSECTIONS WITHIN AND UNDER THE JURISDICTION OF SUCH COUN-
 TY 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11328-01-3
              

 S. 7026                             2
 
   (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.
   (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
 S. 7026                             3

 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.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
 THREE  HUNDRED  SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
 OCCURRED OR, IF THERE BE NONE, 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 SUFFI-
 CIENT  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 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  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.
 S. 7026                             4
 
   (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 DISTRIBUTED IN ACCORDANCE WITH SUBDIVISION TEN  OF  SECTION  EIGHTEEN
 HUNDRED THREE OF THIS CHAPTER.
   (N)  ANY COUNTY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
 VISION (A) OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT  DETAILING  THE
 RESULTS  OF THE USE OF SUCH TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONI-
 TORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
 THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND  TWEN-
 TY-FOUR AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMON-
 STRATION  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 THREE YEARS PRECEDING THE INSTALLATION OF SUCH
 SYSTEM, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
 SYSTEM IS USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE
 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM HAS BEEN OPERA-
 TIONAL, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   4. THE NUMBER OF EVENTS AND 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  NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
 BY SUCH SYSTEM AT EACH INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING SYSTEM IS USED;
   6. THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF  FINES  PAID  AFTER
 FIRST NOTICE OF LIABILITY;
   7.  THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
 SUCH  ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITION   MADE   FOR
 VIOLATIONS  RECORDED  BY  SUCH  SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
 ANNUALLY TO SUCH COUNTY BY THE RESPECTIVE COURTS AND BUREAUS  CONDUCTING
 SUCH ADJUDICATIONS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY FROM SUCH ADJU-
 DICATIONS  INCLUDING  A BREAKDOWN OF REVENUE REALIZED BY SUCH COUNTY FOR
 EACH YEAR SINCE DEPLOYMENT OF ITS TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLA-
 TION-MONITORING SYSTEM;
   9.  EXPENSES  INCURRED  BY SUCH COUNTY IN CONNECTION WITH THE PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
 PROVIDED AT LEAST ANNUALLY TO SUCH COUNTY BY THE RESPECTIVE  COURTS  AND
 BUREAUS CONDUCTING SUCH ADJUDICATIONS.
   (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.
   § 2. Section 1803 of the vehicle and traffic law is amended by  adding
 a new subdivision 13 to read as follows:
 S. 7026                             5
 
   13.  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION THREE OF SECTION
 NINETY-NINE-A OF THE STATE FINANCE LAW, WHERE THE COUNTY OF  WESTCHESTER
 HAS  ESTABLISHED  A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
 THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
 SUBDIVISION  (D)  OF  SECTION  ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-G  OF  THIS  CHAPTER,  ANY
 FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER
 FOR  AN  IMPOSITION  OF  LIABILITY WHICH OCCURS WITHIN A TOWN OR VILLAGE
 WITHIN SUCH COUNTY PURSUANT TO SUCH PROGRAM SHALL BE PAID TO  THE  STATE
 COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING COLLECTION.
 EVERY  SUCH PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND
 DETAIL AS THE COMPTROLLER  SHALL  PROVIDE.  THE  COMPTROLLER  SHALL  PAY
 EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY TO
 THE COUNTY OF WESTCHESTER, AND TWENTY PERCENT OF ANY SUCH FINE OR PENAL-
 TY  TO  THE  TOWN  OR  VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE
 LIABILITY OCCURRED. ALL FINES, PENALTIES AND FORFEITURES PAID TO A  TOWN
 OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CRED-
 ITED  TO  THE  GENERAL  FUND OF SUCH TOWN OR VILLAGE, UNLESS A DIFFERENT
 DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL  LAW  OR  ORDI-
 NANCE.
   § 3. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (t) to read as follows:
   (T)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-G  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  4.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1111-g of the vehicle  and  traffic  law
 shall be subject to the provisions of section 103 of the general munici-
 pal law.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed repealed on December 1,
 2027, provided, further, that any such  local  law  as  may  be  enacted
 pursuant  to  section  one  of  this  act shall remain in full force and
 effect only until December 1, 2027.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7026--B
     Cal. No. 1408
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged and said bill committed to the Committee on Rules
   -- ordered to a third reading, amended and ordered reprinted,  retain-
   ing  its  place  in  the  order  of third reading -- again amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  adjudi-
   cations  and owner liability for a violation of traffic-control signal
   indications in the county of Westchester; to amend the public officers
   law, in relation to accessing records; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1111-g to read as follows:
   § 1111-G. 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 FIFTY INTERSECTIONS WITHIN AND UNDER THE JURISDICTION OF SUCH COUN-
 TY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11328-07-3
 S. 7026--B                          2
 
 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.
   (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
 S. 7026--B                          3
 
 (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.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
 THREE  HUNDRED  SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
 OCCURRED OR, IF THERE BE NONE, 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 SUFFI-
 CIENT  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 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  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
 S. 7026--B                          4
 
 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 DISTRIBUTED IN ACCORDANCE WITH SUBDIVISION THIRTEEN OF SECTION  EIGH-
 TEEN HUNDRED THREE OF THIS CHAPTER.
   (N)  ANY COUNTY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
 VISION (A) OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT  DETAILING  THE
 RESULTS  OF THE USE OF SUCH TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONI-
 TORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
 THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND  TWEN-
 TY-FOUR AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMON-
 STRATION  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 THREE YEARS PRECEDING THE INSTALLATION OF SUCH
 SYSTEM, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
 SYSTEM IS USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE
 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM HAS BEEN OPERA-
 TIONAL, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   4. THE NUMBER OF EVENTS AND 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  NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
 BY SUCH SYSTEM AT EACH INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING SYSTEM IS USED;
   6. THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF  FINES  PAID  AFTER
 FIRST NOTICE OF LIABILITY;
   7.  THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
 SUCH  ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITION   MADE   FOR
 VIOLATIONS  RECORDED  BY  SUCH  SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
 ANNUALLY TO SUCH COUNTY BY THE RESPECTIVE COURTS AND BUREAUS  CONDUCTING
 SUCH ADJUDICATIONS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY FROM SUCH ADJU-
 DICATIONS  INCLUDING  A BREAKDOWN OF REVENUE REALIZED BY SUCH COUNTY FOR
 EACH YEAR SINCE DEPLOYMENT OF ITS TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLA-
 TION-MONITORING SYSTEM;
   9.  EXPENSES  INCURRED  BY SUCH COUNTY IN CONNECTION WITH THE PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
 PROVIDED AT LEAST ANNUALLY TO SUCH COUNTY BY THE RESPECTIVE  COURTS  AND
 BUREAUS CONDUCTING SUCH ADJUDICATIONS.
   (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
 S. 7026--B                          5
 
 TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
 ALLEGED VIOLATION.
   §  2. Section 1803 of the vehicle and traffic law is amended by adding
 a new subdivision 13 to read as follows:
   13.  WHERE THE COUNTY OF WESTCHESTER HAS ESTABLISHED  A  DEMONSTRATION
 PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
 URE OF AN OPERATOR THEREOF TO COMPLY WITH  SUBDIVISION  (D)  OF  SECTION
 ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED ELEVEN-G OF THIS CHAPTER, ANY FINE OR  PENALTY  COLLECTED  BY  A
 COURT, JUDGE, MAGISTRATE OR OTHER OFFICER FOR AN IMPOSITION OF LIABILITY
 WHICH  OCCURS WITHIN A CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY 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
 EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY TO
 THE COUNTY OF WESTCHESTER, AND TWENTY PERCENT OF ANY SUCH FINE OR PENAL-
 TY TO THE CITY, TOWN OR VILLAGE IN WHICH THE VIOLATION  GIVING  RISE  TO
 THE  LIABILITY  OCCURRED. ALL FINES, PENALTIES AND FORFEITURES PAID TO A
 CITY, TOWN OR VILLAGE PURSUANT TO THE  PROVISIONS  OF  THIS  SUBDIVISION
 SHALL  BE  CREDITED  TO  THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE,
 UNLESS A DIFFERENT DISPOSITION IS PRESCRIBED BY  CHARTER,  SPECIAL  LAW,
 LOCAL LAW OR ORDINANCE.
   § 3. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (t) to read as follows:
   (T)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-G  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  4.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1111-g of the vehicle  and  traffic  law
 shall be subject to the provisions of section 103 of the general munici-
 pal law.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed repealed on December 1,
 2027, provided, further, that any such  local  law  as  may  be  enacted
 pursuant  to  section  one  of  this  act shall remain in full force and
 effect only until December 1, 2027.