S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7947--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 owner liability for failure of an  operator  to  comply
   with  stop signs in the village of Southampton, county of Suffolk; 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 1174-b to read as follows:
   § 1174-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP FOR  A  STOP
 SIGN  IN  THE  VILLAGE  OF  SOUTHAMPTON.  (A)  NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, THE VILLAGE OF SOUTHAMPTON LOCATED WITHIN  THE  COUNTY
 OF SUFFOLK 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 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO OF
 THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER SUCH  VILLAGE  TO
 INSTALL  AND  OPERATE STOP SIGN PHOTO VIOLATION MONITORING SYSTEMS WHICH
 MAY BE STATIONARY OR MOBILE, AND WHICH MAY BE INSTALLED  ON  STOP  SIGNS
 WITHIN THE BOUNDARIES OF SUCH VILLAGE.
   (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
 STOP SIGN PHOTO VIOLATION MONITORING SYSTEMS SHALL  NOT  INCLUDE  IMAGES
 THAT  IDENTIFY  THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHI-
 CLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT  TO
 THIS  SECTION  SHALL  BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTO-
 GRAPHS ALLOW FOR THE IDENTIFICATION OF THE DRIVER,  PASSENGERS,  OR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11881-03-5
 S. 7947--A                          2
              

 
 CONTENTS  OF A VEHICLE, PROVIDED THAT SUCH VILLAGE HAS MADE A REASONABLE
 EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (C)  IN  ANY  SUCH  VILLAGE 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 (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
 TION OBTAINED FROM A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM.
   (D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL HAVE THE MEANING AS DEFINED PURSUANT TO SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   2. "VILLAGE" SHALL MEAN THE VILLAGE OF SOUTHAMPTON.
   3. "STOP SIGN PHOTO VIOLATION MONITORING SYSTEM" SHALL MEAN A  VEHICLE
 SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A STOP SIGN WHICH AUTOMAT-
 ICALLY 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 (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   4. "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGEN-
 CY,  ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A VEHICLE
 WITH OR WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER  WHO  OPERATES
 SUCH OWNER'S OWN VEHICLE.
   (E)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE VILLAGE IN WHICH THE CHARGED  VIOLATION  OCCURRED,  OR  A  FACSIMILE
 THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STOP SIGN  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.
   (F) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION
 ELEVEN  HUNDRED  SEVENTY-TWO  OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR
 ORDINANCE 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. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF
 LAW TO THE CONTRARY, ALL REVENUES FROM THE PROGRAM ESTABLISHED  PURSUANT
 TO  THIS  SECTION  SHALL BE DEDICATED TO LAW ENFORCEMENT PURPOSES WITHIN
 THE VILLAGE OF SOUTHAMPTON.
   (G) 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.
   (H) 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
 (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS  ARTICLE  PURSUANT  TO
 THIS  SECTION.  PERSONAL  DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A
 S. 7947--A                          3
 
 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
 (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-TWO 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 SUCH PERSON 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 LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE VILLAGE
 WHERE  THE  ALLEGED VIOLATION OCCURRED OR BY ANY OTHER ENTITY AUTHORIZED
 BY SUCH VILLAGE TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (J)  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 (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO 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  SUFFICIENT  THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
 VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDICTION.
   (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT  BE
 LIABLE  FOR  THE  VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, PROVIDED THAT SUCH OWNER 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  (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO OF
 THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL  BE  SENT  A  NOTICE  OF
 LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS SECTION.
   (L)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO 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-
 S. 7947--A                          4
 
 OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
 STOP SIGN. 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 STOP
 SIGN.
   (M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   (N) ANY VILLAGE 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 STOP SIGN PHOTO VIOLATION MONITORING 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  STOP  SIGN  PHOTO  VIOLATION
 MONITORING SYSTEMS WERE USED;
   2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
 INTERSECTIONS WHERE A STOP SIGN 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  STOP  SIGN PHOTO VIOLATION MONITORING SYSTEM IS
 USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE STOP SIGN
 PHOTO VIOLATION MONITORING SYSTEM HAS BEEN OPERATIONAL,  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 STOP SIGN 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 STOP SIGN 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  DISPOSITIONS  MADE   FOR
 VIOLATIONS  RECORDED  BY  SUCH  SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
 ANNUALLY TO SUCH VILLAGE BY THE COURT AND CONDUCTING SUCH ADJUDICATIONS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED  BY  SUCH  VILLAGE  FROM  SUCH
 ADJUDICATIONS  INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH VILLAGE
 FOR EACH YEAR SINCE DEPLOYMENT OF ITS STOP SIGN PHOTO VIOLATION MONITOR-
 ING SYSTEM;
   9. EXPENSES INCURRED BY SUCH VILLAGE IN CONNECTION WITH  THE  PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
 PROVIDED  AT LEAST ANNUALLY TO SUCH VILLAGE BY THE COURT CONDUCTING SUCH
 ADJUDICATIONS.
   § 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 AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-FOUR-B
 OF THE VEHICLE AND TRAFFIC LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law, and shall expire 5 years after  such  effective  date
 when upon such date the provisions of this act shall be deemed repealed.