S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8117
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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 and the public officers law,
   in relation to establishing a school speed zone  camera  demonstration
   program  in the County of Oneida; 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  OPERATOR  TO  COMPLY  WITH
 CERTAIN  POSTED  MAXIMUM SPEED LIMITS; COUNTY OF ONEIDA. (A) 1. NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, THE  COUNTY  OF  ONEIDA  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 SCHOOL SPEED ZONE WITHIN
 SUCH  COUNTY  (I)  WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
 PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS ARTICLE OR (II) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS
 PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED
 EIGHTY  OF  THIS  ARTICLE DURING THE FOLLOWING TIMES: (A) ON SCHOOL DAYS
 DURING SCHOOL HOURS AND ONE HOUR BEFORE AND ONE HOUR  AFTER  THE  SCHOOL
 DAY,  AND (B) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL AND UP TO
 THIRTY MINUTES IMMEDIATELY BEFORE AND UP TO THIRTY  MINUTES  IMMEDIATELY
 AFTER  SUCH STUDENT ACTIVITIES. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER
 THE COUNTY OF ONEIDA TO INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS
 WITHIN NO MORE THAN THIRTY-ONE SCHOOL SPEED ZONES WITHIN SUCH COUNTY  OF
 ONEIDA  AT  ANY  ONE  TIME AND TO OPERATE SUCH SYSTEMS WITHIN SUCH ZONES
 (III) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED  IN  PARAGRAPHS
 ONE  AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
 ARTICLE OR (IV) WHEN OTHER SPEED LIMITS ARE IN  EFFECT  AS  PROVIDED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13147-01-5
              

 S. 8117                             2
 
 SUBDIVISION  (B),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS ARTICLE DURING THE FOLLOWING  TIMES:  (A)  ON  SCHOOL  DAYS  DURING
 SCHOOL  HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER THE SCHOOL DAY, AND
 (B)  A  PERIOD  DURING STUDENT ACTIVITIES AT THE SCHOOL AND UP TO THIRTY
 MINUTES IMMEDIATELY BEFORE AND UP TO THIRTY  MINUTES  IMMEDIATELY  AFTER
 SUCH  STUDENT  ACTIVITIES.  IN SELECTING A SCHOOL SPEED ZONE IN WHICH TO
 INSTALL AND OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM, THE COUN-
 TY SHALL CONSIDER CRITERIA INCLUDING, BUT  NOT  LIMITED  TO,  THE  SPEED
 DATA,  CRASH HISTORY, AND THE ROADWAY GEOMETRY APPLICABLE TO SUCH SCHOOL
 SPEED ZONE.
   2. NO PHOTO SPEED VIOLATION MONITORING  SYSTEM  SHALL  BE  USED  IN  A
 SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
 FULLY  PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN
 ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH  FOUR  OF  THIS
 SUBDIVISION.  THE  COUNTY 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 SCHOOL
 SPEED ZONE AND/OR ON SPEED LIMIT SIGNS  APPLICABLE  WITHIN  SUCH  SCHOOL
 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  OPERATOR  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 COUNTY 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 COUNTY 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 PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
 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,
 HOWEVER, 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 COUNTY
 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  COUNTY  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
 S. 8117                             3
 
 THE COUNTY 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
 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) IF THE COUNTY OF ONEIDA ESTABLISHES A DEMONSTRATION PROGRAM 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, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION  (C)  OR
 DURING  THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
 IN VIOLATION OF SUBDIVISION (B), (D),  (F)  OR  (G)  OF  SECTION  ELEVEN
 HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF
 MORE  THAN  TEN  MILES  PER  HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT
 S. 8117                             4
 
 WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
 MATION OBTAINED FROM A PHOTO SPEED 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 (B), (C), (D),  (F)
 OR (G) 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
 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;
   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  SCHOOL  SPEED  ZONE  IN  VIOLATION  OF
 SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
 OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
   4. "SCHOOL SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED  ONE  THOU-
 SAND  THREE  HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  COUNTY  OF ONEIDA, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
 PHOTOGRAPHS,  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,  MICRO-
 PHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH A
 VIOLATION SHALL INCLUDE 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 SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN
 ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE  LIABILITY  FOR  SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (E)  AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  PURSUANT  TO  A
 DEMONSTRATION  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS SECTION SHALL BE
 LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
 PENALTIES TO BE PROMULGATED BY THE 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  WHERE  THE  VIOLATION  OCCURRED,
 EXCEPT THAT IF A CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR
 AND  DETERMINE  COMPLAINTS  OF TRAFFIC INFRACTIONS CONSTITUTING PARKING,
 STANDING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL  LAW,  AUTHORIZE
 SUCH  ADJUDICATION BY SUCH TRIBUNAL. THE LIABILITY OF THE OWNER PURSUANT
 TO THIS SECTION SHALL NOT  EXCEED  FIFTY  DOLLARS  FOR  EACH  VIOLATION;
 PROVIDED,  HOWEVER, THAT SUCH BUREAU, COURT, OR TRIBUNAL 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 THE DEMONSTRATION PROGRAM ESTAB-
 LISHED 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
 S. 8117                             5
 
 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
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
 CLE 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
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
 CLE 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.
   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 COUNTY
 OF ONEIDA, OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE  AND
 MAIL SUCH NOTICE OF LIABILITY.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF 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 WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A CITY
 HAS  ESTABLISHED  AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND  DETERMINE
 COMPLAINTS  OF  TRAFFIC  INFRACTIONS  CONSTITUTING  PARKING, STANDING OR
 STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH  ADJUDI-
 CATION BY SUCH TRIBUNAL.
   (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
 OR PLATES OF 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 SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF
 SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
 THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH 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
 OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
 THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION, OR ADMINISTRA-
 TIVE TRIBUNAL.
   (J)  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
 S. 8117                             6
 
 NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
 OF  SECTION  ELEVEN  HUNDRED  EIGHTY  OF  THIS  ARTICLE PURSUANT TO THIS
 SECTION, PROVIDED THAT:
   (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH TRAFFIC
 VIOLATIONS BUREAU, COURT HAVING JURISDICTION, OR ADMINISTRATIVE TRIBUNAL
 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 TRAFFIC
 VIOLATIONS BUREAU, COURT HAVING JURISDICTION, OR ADMINISTRATIVE TRIBUNAL
 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 TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION,  OR  ADMINIS-
 TRATIVE TRIBUNAL THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHI-
 CLE 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
 TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION, OR  ADMINISTRATIVE
 TRIBUNAL  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.
   (K) 1. 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.
   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  OPERATED  SUCH
 VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
 THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
 ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
 TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (L) 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.
   (M) IF THE COUNTY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO  SUBDIVI-
 SION  (A)  OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT AN ANNUAL
 REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES 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 DEMON-
 STRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE:
   1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
 SYSTEMS WERE USED;
 S. 8117                             7
 
   2.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED  WITHIN  ALL  SCHOOL  SPEED  ZONES
 WITHIN  THE  COUNTY,  TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   3.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED WITHIN SCHOOL  SPEED  ZONES  WHERE
 PHOTO  SPEED  VIOLATION  MONITORING SYSTEMS WERE USED, TO THE EXTENT THE
 INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR  VEHICLES  OF  THIS
 STATE;
   4.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
 WITHIN THE COUNTY, IN THE AGGREGATE  ON  A  DAILY,  WEEKLY  AND  MONTHLY
 BASIS;
   5.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
 WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN  THE  AGGRE-
 GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   6.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
 WITHIN THE COUNTY THAT WERE:
   (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   7.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
 WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
   (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   8.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
 DICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE COUNTY  IN  CONNECTION
 WITH THE PROGRAM;
   12.  THE  EXPENSES  INCURRED  BY  THE  COUNTY  IN  CONNECTION WITH THE
 PROGRAM; AND
   13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION (B), (C), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  ARTICLE  PURSUANT  TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
 MONITORING  SYSTEM  WAS  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 (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.
 S. 8117                             8
 
   §  3.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1180-h of the vehicle and  traffic  law,
 as  added by section one of this act, shall be subject to the provisions
 of section 103 of the general municipal law.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire December 31,  2030,  when  upon  such
 date  the  provisions  of  this  act shall be deemed repealed. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.