S T A T E   O F   N E W   Y O R K
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                                  7946--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to authorizing the village of Quogue in the town of South-
   ampton, county of Suffolk to establish a demonstration program  impos-
   ing  monetary  liability  on  the owner of a vehicle for failure of an
   operator thereof to comply  with  posted  maximum  speed  limits;  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. The vehicle and traffic law is  amended  by  adding  a  new
 section 1180-h to read as follows:
   §  1180-H.  OWNER LIABILITY FOR FAILURE OF THE OPERATOR TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS; VILLAGE OF QUOGUE, TOWN  OF  SOUTH-
 AMPTON, COUNTY OF SUFFOLK. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW,  THE  VILLAGE  OF  QUOGUE,  IN  THE  TOWN OF SOUTHAMPTON, COUNTY OF
 SUFFOLK IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOS-
 ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
 ATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS ON ANY  ROAD  IN
 SUCH  VILLAGE  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS SECTION. SUCH
 VILLAGE,  FOR  PURPOSES  OF  THE  IMPLEMENTATION  OF  THE  DEMONSTRATION
 PROGRAM,  SHALL  OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN
 SUCH VILLAGE AT NO MORE THAN FIVE LOCATIONS AT ANY ONE TIME  DURING  ANY
 YEAR  OF SUCH PROGRAM. SUCH PHOTO SPEED VIOLATION MONITORING SYSTEMS MAY
 BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS SELECTED  BY
 SUCH  VILLAGE.  SUCH  PHOTO  SPEED VIOLATION MONITORING SYSTEMS SHALL BE
 PLACED AT LOCATIONS BASED ON CRITERIA,  INCLUDING  BUT  NOT  LIMITED  TO
 WHETHER  THE  LOCATION  IS  WITHIN  A QUARTER MILE OF A SCHOOL, SPEEDING
 DATA, ACCIDENT HISTORY, PROXIMITY TO FACILITIES FOR SENIOR  CITIZENS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13041-03-5
              

 S. 7946--A                          2
 
 DISABLED  PERSONS,  ROADWAY  GEOMETRY  AND EQUITABLE GEOGRAPHIC DISTRIB-
 UTION.
   2.  NO  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL BE USED IN A
 VILLAGE AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM PURSUANT TO THIS
 SECTION UNLESS (I) ON THE DAY IT IS  TO  BE  USED  IT  HAS  SUCCESSFULLY
 PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN ANNUAL
 CALIBRATION  CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVI-
 SION. THE VILLAGE 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  SPEED  ZONE
 AND/OR  ON  SPEED  LIMIT  SIGNS  APPLICABLE  WITHIN  SUCH 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 THE VILLAGE 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 VILLAGE SHALL RETAIN EACH SUCH
 DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION
 MONITORING 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,  VIDEOTAPE  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 VILLAGE 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 PROGRAMS SHALL UTILIZE  NECESSARY  TECHNOLO-
 GIES 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 VILLAGE 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
 EXCLUSIVE USE OF THE VILLAGE FOR THE  PURPOSE  OF  THE  ADJUDICATION  OF
 LIABILITY  IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A
 NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED  BY
 THE  VILLAGE  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
 S. 7946--A                          3
 
 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)  WHERE  THE  VILLAGE  OF  QUOGUE  HAS  ESTABLISHED A DEMONSTRATION
 PROGRAM 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 (C) OR (D) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, AND SUCH VIOLATION  IS  EVIDENCED
 BY  INFORMATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM;
 PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
 TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF  SUCH  VEHICLE
 HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (C) OR (D)
 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
 S. 7946--A                          4
 
 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; AND
   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 SPEED ZONE IN VIOLATION OF  SUBDIVISION
 (C)  OR  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN ACCORD-
 ANCE WITH THE PROVISIONS OF THIS SECTION.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  COUNTY  IN  WHICH  THE  CHARGED VIOLATION OCCURRED OR ITS VENDOR OR
 CONTRACTOR, OR A FACSIMILE THEREOF,  BASED  UPON  INSPECTION  OF  PHOTO-
 GRAPHS, 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, 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 THIS SECTION.
   (E)  AN  OWNER  LIABLE  FOR  A  VIOLATION OF SUBDIVISION (C) OR (D) OF
 SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  PURSUANT  TO  A  DEMON-
 STRATION  PROGRAM  ESTABLISHED  PURSUANT TO THIS SECTION SHALL BE LIABLE
 FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
 TIES PROMULGATED BY  THE  PARKING  VIOLATIONS  BUREAU  OF  SUCH  COUNTY;
 PROVIDED,  HOWEVER,  THAT THE MONETARY PENALTY FOR DRIVING AT A SPEED IN
 EXCESS OF THE MAXIMUM SPEED LIMIT BY TEN OR MORE MILES PER HOUR AND LESS
 THAN THIRTY MILES PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND THE MONE-
 TARY PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT BY  THIRTY
 OR  MORE  MILES PER HOUR SHALL NOT EXCEED ONE HUNDRED DOLLARS; PROVIDED,
 FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT  TO
 EXCEED 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 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  VEHI-
 CLE 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
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY 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, 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.
 S. 7946--A                          5
 
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND  THE  TIME  IN  WHICH  THE  PERSON  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 THERE-
 ON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE  AGENCY
 OR  AGENCIES  DESIGNATED BY THE VILLAGE AUTHORIZED TO IMPLEMENT A DEMON-
 STRATION PROGRAM PURSUANT TO THIS SECTION.
   (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF  LIABILITY  PURSUANT
 TO  THIS  SECTION  FOR  ANY  TIME  PERIOD  DURING WHICH 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 SUBDIVI-
 SION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  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 AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
 STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE JUSTICE COURT OF  SAID
 VILLAGE.
   (I)  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 (C) OR (D) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
   (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH VILLAGE  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 VILLAGE
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
 SUCH  COURT  THE  CORRECT  NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
 IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
 LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
 BUREAU 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 (G) OF THIS SECTION.
   (J) 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.
   (K)  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.
   (L)  WHERE THE VILLAGE OF QUOGUE ADOPTS A DEMONSTRATION PROGRAM PURSU-
 ANT TO SUBDIVISION (A) OF THIS SECTION,  SUCH  VILLAGE  SHALL  SUBMIT  A
 REPORT  ON  THE  RESULTS  OF THE USE OF PHOTO SPEED VIOLATION MONITORING
 SYSTEMS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
 S. 7946--A                          6
 
 SPEAKER OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT SUCCEED-
 ING  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 PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEMS WERE USED;
   2.  THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
 AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   4. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY;
   5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE; AND
   7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (v) to read as follows:
   (V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-H
 OF THE VEHICLE AND TRAFFIC LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become a law and shall expire December 1, 2030 when upon such date
 the provisions of this act shall be deemed repealed.