S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9305--A
 
                             I N  S E N A T E
 
                               May 10, 2024
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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  town of Greenburgh; 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-h to read as follows:
   § 1111-H. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 TRAFFIC-CONTROL  INDICATIONS; TOWN OF GREENBURGH. (A) 1. NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, THE TOWN OF GREENBURGH 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 FAILURE OF AN OPERATOR THEREOF TO COMPLY  WITH  TRAFFIC-CON-
 TROL  INDICATIONS IN SUCH TOWN IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER SUCH TOWN  TO  INSTALL
 AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT
 NO MORE THAN TWO INTERSECTIONS WITHIN AND UNDER THE JURISDICTION OF SUCH
 TOWN 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 TOWN 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.
                                                            LBD15168-03-4
              

 S. 9305--A                          2
 
   (B) IN ANY SUCH TOWN WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE 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, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
 EN  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
 THE TOWN OF GREENBURGH IN WHICH THE CHARGED  VIOLATION  OCCURRED,  OR  A
 FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, 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, VIDE-
 OTAPE  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. 9305--A                          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 THE TOWN OF
 GREENBURGH, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH  TOWN  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 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 TRAFFIC VIOLATIONS  BUREAU  OR  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 TRAFFIC
 VIOLATIONS BUREAU OR 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  LEGI-
 BLE,  WITHIN  THIRTY-SEVEN  DAYS AFTER RECEIVING NOTICE FROM THE TRAFFIC
 VIOLATIONS BUREAU OR 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 THIRTY-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
 S. 9305--A                          4
 
 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)  ANY TOWN THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
 SION (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 THE  FIRST  DAY  OF  JUNE  NEXT
 SUCCEEDING  THE  EFFECTIVE  DATE OF THIS SECTION AND ON THE SAME DATE IN
 EACH SUCCEEDING YEAR IN WHICH 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 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  ISSUED  FOR  VIOLATIONS  RECORDED  BY  SUCH
 SYSTEMS;
   7.  THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
 SUCH  ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE   FOR
 VIOLATIONS RECORDED BY SUCH SYSTEMS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH TOWN FROM SUCH ADJUDI-
 CATIONS  INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH TOWN FOR EACH
 YEAR SINCE DEPLOYMENT OF ITS TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MON-
 ITORING SYSTEM;
   9. EXPENSES INCURRED BY SUCH TOWN IN CONNECTION WITH THE PROGRAM; AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N) 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. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (u) to read as follows:
   (U)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-H  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1111-h of the vehicle  and  traffic  law
 S. 9305--A                          5
 
 shall be subject to the provisions of section 103 of the general munici-
 pal law.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire December 1, 2029, when upon such date
 the provisions of this act shall be deemed repealed; provided,  however,
 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,
 2029.    Effective immediately, the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.