Senate Bill S7802

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7802
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  owner
   liability  for failure of operator to comply with certain posted maxi-
   mum speed limits in the town of Yorktown, Westchester county;  and  to
   amend  the  general  municipal  law,  in  relation to making technical
   corrections
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Jake's Law".
   §  2.  Paragraph 1 of subdivision (a) of section 1180-e of the vehicle
 and traffic law, as added by chapter 421 of the laws of 2021, is amended
 to read as follows:
   1. (A) Notwithstanding any other provision of law, the commissioner of
 transportation 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 highway
 construction  or  maintenance  work  area located on a controlled-access
 highway (i) when highway construction or maintenance work  is  occurring
 and a work area speed limit is in effect as provided in paragraph two of
 subdivision  (d)  or subdivision (f) of section eleven hundred eighty of
 this article or (ii) when highway construction or  maintenance  work  is
 occurring  and  other speed limits are in effect as provided in subdivi-
 sion (b) or (g) or paragraph one of subdivision (d)  of  section  eleven
 hundred eighty of this article. Such demonstration program shall empower
 the  commissioner  to  install  photo speed violation monitoring systems
 within no more than twenty  highway  construction  or  maintenance  work
 areas  located on controlled-access highways and to operate such systems
 within such work areas (iii) when highway  construction  or  maintenance
 work  is  occurring and a work area speed limit is in effect as provided
 in paragraph two of subdivision (d) or subdivision (f) of section eleven
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06452-01-5
              

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 hundred eighty of this article or  (iv)  when  highway  construction  or
 maintenance  work  is  occurring and other speed limits are in effect as
 provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
 of  section  eleven hundred eighty of this article. The commissioner, in
 consultation with the superintendent of the division  of  state  police,
 shall  determine the location of the highway construction or maintenance
 work areas located on a controlled-access highway in  which  to  install
 and  operate  photo  speed  violation monitoring systems. In selecting a
 highway construction or maintenance work area in which  to  install  and
 operate  a  photo  speed  violation  monitoring system, the commissioner
 shall consider criteria including, but not limited to, the  speed  data,
 crash   history,   and  roadway  geometry  applicable  to  such  highway
 construction or maintenance work area. A photo speed violation  monitor-
 ing  system  shall  not  be installed or operated on a controlled-access
 highway exit ramp.
   (B) THE TOWN OF YORKTOWN, WESTCHESTER COUNTY, WITH RESPECT TO HIGHWAYS
 IN SUCH TOWN, BUT NOT INCLUDING STATE HIGHWAYS MAINTAINED BY THE  STATE,
 MAY  INSTALL  AND  OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS: (I)
 WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING  AND  A  WORK
 AREA  SPEED  LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVI-
 SION (D) OR SUBDIVISION (F) OF SECTION ELEVEN  HUNDRED  EIGHTY  OF  THIS
 ARTICLE; OR (II) WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCUR-
 RING AND OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (G)
 OR  PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS ARTICLE.
   § 3. Section 371-a of the general municipal law, as  separately  added
 by  chapters 421, 460 and 773 of the laws of 2021, is amended to read as
 follows:
   § 371-a. Additional jurisdiction and procedure related to the  adjudi-
 cation  of  certain  notices  of  liability. A traffic violations bureau
 established pursuant to  subdivision  one  and  a  traffic  and  parking
 violations  agency  established  pursuant  to subdivision two of section
 three hundred seventy-one of this article may be authorized  to  adjudi-
 cate,  in  accordance with the provisions of this article, the liability
 of owners: (a) for violations  of  subdivision  (d)  of  section  eleven
 hundred  eleven  of  the  vehicle  and traffic law imposed pursuant to a
 local law or ordinance imposing monetary liability on  the  owner  of  a
 vehicle  for  failure of an operator thereof to comply with traffic-con-
 trol indications through the installation and operation of  traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle twenty-four of the vehicle and traffic law; or (b) for violations of
 section  eleven hundred seventy-four of the vehicle and traffic law when
 meeting a school bus marked and equipped  as  provided  in  subdivisions
 twenty  and  twenty-one-c  of  section three hundred seventy-five of the
 vehicle and traffic law imposed pursuant to a  local  law  or  ordinance
 imposing  monetary liability on the owner of a vehicle for failure of an
 operator thereof to comply with school bus red  visual  signals  through
 the  installation and operation of school bus photo violation monitoring
 systems, in accordance with article twenty-nine of the vehicle and traf-
 fic law; or (c) for violations of subdivision (b), (d), (f)  or  (g)  of
 section  eleven  hundred  eighty  of the vehicle and traffic law imposed
 pursuant to a demonstration program imposing monetary liability  on  the
 owner  of  a  vehicle  for failure of an operator thereof to comply with
 such posted maximum speed limits  within  a  [highway]  construction  or
 maintenance  work  area  through the installation and operation of photo
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 speed violation monitoring systems, in accordance with article thirty of
 [this chapter] THE VEHICLE AND TRAFFIC LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided that the amendments to section 1180-e of the
 vehicle and traffic law made by section two of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith.