Bill Text: NY S05892 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that within a county that has established a traffic and parking violations agency and a liability is disposed of by such agency, eighty percent of such fine or penalty shall be paid to the thruway authority, and twenty percent of such fine or penalty shall be paid to the county in which the violation giving rise to the liability occurred; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-06-07 - SUBSTITUTED BY A5606 [S05892 Detail]
Download: New_York-2023-S05892-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5892 2023-2024 Regular Sessions IN SENATE March 21, 2023 ___________ Introduced by Sen. KENNEDY -- 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 the distrib- ution of fines from speed violation monitoring systems in work zones The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 11 and 12 of section 1803 of the vehicle and 2 traffic law, as added by chapter 421 of the laws of 2021, are amended to 3 read as follows: 4 11. [Except as otherwise provided in paragraph e of subdivision one of5this section, where] Where the commissioner of transportation has estab- 6 lished a demonstration program imposing monetary liability on the owner 7 of a vehicle for failure of an operator thereof to comply with subdivi- 8 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap- 9 ter in accordance with section eleven hundred eighty-e of this chapter, 10 any fine or penalty collected by a court, judge, magistrate or other 11 officer for an imposition of liability which occurs pursuant to such 12 program shall be paid to the state comptroller within the first ten days 13 of the month following collection, except as otherwise provided in 14 subdivision three of section ninety-nine-a of the state finance law. 15 Every such payment shall be accompanied by a statement in such form and 16 detail as the comptroller shall provide. [The comptroller shall pay] 17 Notwithstanding the provisions of subdivision five of this section, 18 eighty percent of any such fine or penalty imposed for such liability 19 shall be paid to the general fund, and twenty percent of any such fine 20 or penalty shall be paid to the city, town or village in which the 21 violation giving rise to the liability occurred, provided, however, that 22 within a county that has established a traffic and parking violations 23 agency pursuant to section three hundred seventy of the general munici- 24 pal law and such liability is disposed of by such agency, eighty percent 25 of any such fine or penalty imposed for such liability shall be paid to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10167-04-3S. 5892 2 1 the general fund, and twenty percent of any such fine or penalty shall 2 be paid to the county in which the violation giving rise to the liabil- 3 ity occurred. With respect to the percentage of fines or penalties paid 4 to the general fund, no less than sixty percent shall be dedicated to 5 department of transportation work zone safety projects after deducting 6 the expenses necessary to administer such demonstration program, 7 provided, however, that such funds provided pursuant to this subdivision 8 shall be payable on the audit and warrant of the comptroller and shall 9 only be used to supplement and not supplant current expenditures of 10 state funds on work zone safety projects. For the purposes of this 11 subdivision, "work zone safety projects" shall apply to work zones under 12 the jurisdiction of the department of transportation and shall include, 13 but not be limited to, inspection and implementation of work zone 14 design, maintenance, traffic plans and markings, worker safety training, 15 contractor outreach, enforcement efforts, radar speed display signs at 16 major active work zones and police presence at major active work zones, 17 as provided in section twenty-two of the transportation law. All fines, 18 penalties and forfeitures paid to a county, city, town or village pursu- 19 ant to the provisions of this subdivision shall be credited to the 20 general fund of such county, city, town or village, unless a different 21 disposition is prescribed by charter, special law, local law or ordi- 22 nance. 23 12. [Except as otherwise provided in paragraph e of subdivision one of24this section, where] Where the chair of the New York state thruway 25 authority has established a demonstration program imposing monetary 26 liability on the owner of a vehicle for failure of an operator thereof 27 to comply with subdivision (b), (d), (f) or (g) of section eleven 28 hundred eighty of this chapter in accordance with section eleven hundred 29 eighty-e of this chapter, any fine or penalty collected by a court, 30 judge, magistrate or other officer for an imposition of liability which 31 occurs pursuant to such program shall be paid to the state comptroller 32 within the first ten days of the month following collection, except as 33 otherwise provided in subdivision three of section ninety-nine-a of the 34 state finance law. Every such payment shall be accompanied by a state- 35 ment in such form and detail as the comptroller shall provide. [The36comptroller shall pay] Notwithstanding the provisions of subdivision 37 five of this section, eighty percent of any such fine or penalty imposed 38 for such liability shall be paid to the thruway authority, and twenty 39 percent of any such fine or penalty shall be paid to the city, town or 40 village in which the violation giving rise to the liability occurred, 41 provided, however, that within a county that has established a traffic 42 and parking violations agency pursuant to section three hundred seventy 43 of the general municipal law and such liability is disposed of by such 44 agency, eighty percent of any such fine or penalty imposed for such 45 liability shall be paid to the thruway authority, and twenty percent of 46 any such fine or penalty shall be paid to the county in which the 47 violation giving rise to the liability occurred. With respect to the 48 percentage of fines or penalties paid to the thruway authority, no less 49 than sixty percent shall be dedicated to thruway authority work zone 50 safety projects after deducting the expenses necessary to administer 51 such demonstration program, provided, however, that such funds provided 52 pursuant to this subdivision shall be payable on the audit and warrant 53 of the comptroller and shall only be used to supplement and not supplant 54 current expenditures of state funds on work zone safety projects. For 55 the purposes of this subdivision, "work zone safety projects" shall 56 apply to work zones under the jurisdiction of the thruway authority andS. 5892 3 1 shall include, but not be limited to, inspection and implementation of 2 work zone design, maintenance, traffic plans and markings, worker safety 3 training, contractor outreach, enforcement efforts, radar speed display 4 signs at major active work zones and police presence at major active 5 work zones, as provided in section twenty-two of the transportation law. 6 For the purposes of this subdivision, the term "thruway authority" shall 7 mean the New York state thruway authority, a body corporate and politic 8 constituting a public corporation created and constituted pursuant to 9 title nine of article two of the public authorities law. All fines, 10 penalties and forfeitures paid to a county, city, town or village pursu- 11 ant to the provisions of this subdivision shall be credited to the 12 general fund of such county, city, town or village, unless a different 13 disposition is prescribed by charter, special law, local law or ordi- 14 nance. 15 § 2. This act shall take effect immediately; provided, however, that 16 the amendments to subdivisions 11 and 12 of section 1803 of the vehicle 17 and traffic law made by section one of this act shall not affect the 18 expiration and repeal of such subdivisions and shall be deemed repealed 19 therewith.
