S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2401
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the vehicle and traffic  law,  in  relation  to  certain
         penalties  and forfeited security collected by the city of Buffalo and
         granting a traffic violations agency  certain  powers;  to  amend  the
         general municipal law, in relation to establishing the Buffalo traffic
         violations  agency; to amend the state finance law, in relation to the
         justice court fund; to amend the criminal procedure law,  in  relation
         to  a trial by judicial hearing officer; requires the executive direc-
         tor of the Buffalo traffic  violations  agency  to  annually  issue  a
         report  on the progress, development and operations of such agency; to
         amend a chapter of the laws of 2014, amending the vehicle and  traffic
         law  relating  to  directing the city of Buffalo to adjudicate traffic
         infractions, as proposed in legislative bills numbers S. 870-C and  A.
         3702-C, in relation to the effectiveness thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section 227 of  the  vehicle  and  traffic
    2  law,  as  amended by chapter 690 of the laws of 1996, is amended to read
    3  as follows:
    4    5. All penalties and forfeited  security  collected  pursuant  to  the
    5  provisions  of this article shall be paid to the department of audit and
    6  control to the credit of the justice court fund and shall be subject  to
    7  the  applicable  provisions  of  section  eighteen hundred three of this
    8  chapter. After such audit as shall reasonably be required by  the  comp-
    9  troller,  such  penalties and forfeited security shall be paid quarterly
   10  or, in the discretion of the comptroller, monthly,  to  the  appropriate
   11  jurisdiction  in  which  the  violation  occurred in accordance with the
   12  provisions of section ninety-nine-a of the  state  finance  law,  except
   13  that the sum of four dollars for each violation occurring in such juris-
   14  diction  for  which  a  complaint has been filed with the administrative
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08443-02-5
       S. 2401                             2
    1  tribunal established pursuant to this article shall be retained  by  the
    2  state.  The  amount  distributed  during the first three quarters to the
    3  [cities] CITY of Rochester [and Buffalo] in any given fiscal year  shall
    4  not  exceed  seventy percent of the amount which will be otherwise paya-
    5  ble. Provided, however, that if the full  costs  of  administering  this
    6  article  shall exceed the amounts received and retained by the state for
    7  any period specified by the commissioner, then such additional  sums  as
    8  shall  be  required  to offset such costs shall be retained by the state
    9  out of the penalties and forfeited security collected pursuant  to  this
   10  article.
   11    S  2.  Section 370 of the general municipal law is amended by adding a
   12  new subdivision 4 to read as follows:
   13    4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY  GOVERN-
   14  MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
   15  UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
   16    S  3.  Subdivision 2 of section 370-a of the general municipal law, as
   17  amended by chapter 388 of the laws of 2012, is amended and a new  subdi-
   18  vision 1-a is added to read as follows:
   19    1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
   20  THE  CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
   21  THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
   22  FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
   23    2. "Traffic prosecutor" shall mean an attorney duly admitted to  prac-
   24  tice  law in the state of New York who, having been appointed and either
   25  hired or retained pursuant to section three hundred seventy-four of this
   26  article, has the responsibility of prosecuting any traffic  and  parking
   27  infractions  returnable  before  the Nassau county district court or the
   28  Suffolk county district court  OR  ANY  TRAFFIC  INFRACTIONS  RETURNABLE
   29  BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
   30  of section three hundred seventy-one of this article.
   31    S  4.  Section 371 of the general municipal law is amended by adding a
   32  new subdivision 2-a to read as follows:
   33    2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
   34  SION FOUR OF SECTION THREE HUNDRED  SEVENTY  OF  THIS  ARTICLE,  MAY  BE
   35  AUTHORIZED  TO  ASSIST  THE  BUFFALO  CITY  COURT IN THE DISPOSITION AND
   36  ADMINISTRATION OF INFRACTIONS OF TRAFFIC  LAWS,  ORDINANCES,  RULES  AND
   37  REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
   38  THE  TRAFFIC  INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
   39  HUNDRED NINETY-TWO OF THE VEHICLE  AND  TRAFFIC  LAW;  (B)  THE  TRAFFIC
   40  INFRACTION  DEFINED  UNDER  SUBDIVISION  FIVE  OF SECTION ELEVEN HUNDRED
   41  NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW;  (C)  THE  VIOLATION  DEFINED
   42  UNDER  PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
   43  TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
   44  AGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF  SECTION  ONE  HUNDRED
   45  FORTY  OF  THE  TRANSPORTATION  LAW;  (D) THE TRAFFIC INFRACTION DEFINED
   46  UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE  VEHICLE  AND  TRAFFIC
   47  LAW  AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
   48  ELEVEN HUNDRED EIGHTY OF  THE  VEHICLE  AND  TRAFFIC  LAW;  (E)  TRAFFIC
   49  INFRACTIONS  CONSTITUTING  PARKING,  STANDING,  STOPPING  OR  PEDESTRIAN
   50  OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
   51  OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
   52  TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS  A  VIOLATION  OF
   53  SUBDIVISION  ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
   54  TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION  ELEVEN  HUNDRED
   55  NINETY-TWO  OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
   56  OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION  LAW,  A
       S. 2401                             3
    1  VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
    2  SION  TWO  OF  SECTION  ONE  HUNDRED  FORTY OF THE TRANSPORTATION LAW, A
    3  VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A  OF  THE  VEHICLE  AND
    4  TRAFFIC  LAW,  A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
    5  PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION  (G)  OF  SECTION  ELEVEN
    6  HUNDRED  EIGHTY  OF  THE  VEHICLE  AND TRAFFIC LAW OR ANY MISDEMEANOR OR
    7  FELONY.
    8    S 5. Section 371 of the general municipal law is amended by  adding  a
    9  new subdivision 3-a to read as follows:
   10    3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
   11  THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
   12  A  SPECIFIED  TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
   13  BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE  PRESCRIBED  IN  THE
   14  ORDINANCE  OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
   15  AND, IN WRITING, WAIVING A HEARING IN  COURT,  PLEADING  GUILTY  TO  THE
   16  CHARGE  OR  A  LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
   17  PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN  CHARGE
   18  OF  THE  AGENCY  TO  ENTER  SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
   19  ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY  BY  THE  AGENCY
   20  SHALL  BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
   21  TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
   22  TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED,  WITHIN  A
   23  DESIGNATED  TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
   24  HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST  AND  APPEARANCE
   25  BEFORE  THE  COURT,  SUCH  SUMMONS  TO  BE  PREDICATED UPON THE PERSONAL
   26  SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
   27  PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE  MONTHS,  GUILTY
   28  OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
   29  TO  A  SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
   30  TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL  NOT  BE  AUTHORIZED  TO
   31  DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
   32  ING  HIS  RIGHT  TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
   33  CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
   34    S 6. Section 371 of the general municipal law is amended by  adding  a
   35  new subdivision 4-a to read as follows:
   36    4-A.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
   37  TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS  AGENCY
   38  SHALL  BE  DISTRIBUTED  AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
   39  THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES  AND  FORFEITURES  FOR
   40  VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
   41  TO  SUBDIVISION  TWO  OF  THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
   42  THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL  BE  PAID
   43  BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
   44  MONTH FOLLOWING COLLECTION.  EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
   45  TRUE  AND  COMPLETE  REPORT  IN  SUCH FORM AND DETAIL AS THE COMPTROLLER
   46  SHALL PRESCRIBE.
   47    S 7. The general municipal law is amended  by  adding  a  new  section
   48  374-a to read as follows:
   49    S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
   50  DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
   51  SUBDIVISION  (B)  OF THIS SECTION, SHALL SELECT AND MAY CONTRACT WITH OR
   52  HIRE ONE OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO  THE  PRAC-
   53  TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
   54  TION,  EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)
   55  AND (G) OF SUBDIVISION TWO-A OF SECTION  THREE  HUNDRED  SEVENTY-ONE  OF
   56  THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
       S. 2401                             4
    1  CITY  COURT.  SUCH  PERSONS  SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
    2  THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
    3  TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER  AS  A  DISTRICT  ATTORNEY
    4  WOULD  OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
    5  MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE  HUNDRED
    6  SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
    7  IF  THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
    8  DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH  TRAFFIC
    9  PROSECUTORS SERVE ON A FULL-TIME BASIS.  TRAFFIC PROSECUTORS ARE PROHIB-
   10  ITED  FROM  APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
   11  IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO  TRAFFIC
   12  VIOLATIONS  AND  ARE  FURTHER  PROHIBITED FROM APPEARING IN ANY CAPACITY
   13  OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR  ADMINISTRATIVE
   14  TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
   15    (B)  THE  MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
   16  AS THE EXECUTIVE DIRECTOR  OF  THE  BUFFALO  TRAFFIC  VIOLATIONS  AGENCY
   17  SUBJECT  TO  THE  CONFIRMATION  OF  THE  COMMON  COUNCIL  OF THE CITY OF
   18  BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR  THE  OVERSIGHT
   19  AND  ADMINISTRATION  OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
   20  FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT  ON
   21  ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
   22  APPEARING  IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
   23  ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
   24    (C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY  TRAFFIC
   25  PROSECUTOR  OR  ANY  JUDICIAL  HEARING  OFFICER ASSIGNED TO HEAR TRAFFIC
   26  VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
   27  CLE AND  TRAFFIC  LAW  TO  ESTABLISH  ANY  QUOTA  OF  TRAFFIC  VIOLATION
   28  CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
   29  HEARING  OFFICER.  NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
   30  ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING  OFFICER
   31  FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
   32  ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
   33  OFFICER  SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
   34  CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION  A  CONVICTION  QUOTA
   35  SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
   36  IN A SPECIFIC TIME PERIOD.
   37    (D)  PURSUANT  TO  ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
   38  BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION,  ARE
   39  NECESSARY  FOR  THE  COMPENSATION  OF THOSE PERSONS SELECTED TO SERVE AS
   40  EXECUTIVE DIRECTOR AND  TRAFFIC  PROSECUTORS  AND  TO  COVER  ALL  OTHER
   41  EXPENSES  ASSOCIATED  WITH  THE  ADMINISTRATION  OF  THE BUFFALO TRAFFIC
   42  VIOLATIONS AGENCY.
   43    S 8. Subdivision 3 of section  99-a  of  the  state  finance  law,  as
   44  amended  by  chapter  388  of  the  laws  of 2012, is amended to read as
   45  follows:
   46    3. The comptroller  is  hereby  authorized  to  implement  alternative
   47  procedures,  including  guidelines in conjunction therewith, relating to
   48  the remittance of fines, penalties, forfeitures and other moneys by town
   49  and village justice courts, and by the Nassau and Suffolk counties traf-
   50  fic and parking violations agencies, AND BY THE CITY OF BUFFALO  TRAFFIC
   51  VIOLATIONS AGENCY, to the justice court fund and for the distribution of
   52  such  moneys  by the justice court fund.  Notwithstanding any law to the
   53  contrary, the alternative procedures utilized may include:
   54    a. electronic funds transfer;
   55    b. remittance of funds by the justice court to the chief fiscal office
   56  of the town or village, or, in the case of the Nassau and Suffolk  coun-
       S. 2401                             5
    1  ties  traffic  and parking violations agencies, to the county treasurer,
    2  OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
    3  BUFFALO COMPTROLLER, for distribution in accordance with instructions by
    4  the comptroller; and/or
    5    c. monthly, rather than quarterly, distribution of funds.
    6    The comptroller may require such reporting and record keeping as he or
    7  she  deems  necessary  to  ensure  the  proper distribution of moneys in
    8  accordance with applicable laws. A  justice  court  or  the  Nassau  and
    9  Suffolk  counties traffic and parking violations agencies OR THE CITY OF
   10  BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
   11  permitted by the comptroller,  and  such  permission,  once  given,  may
   12  subsequently be withdrawn by the comptroller on due notice.
   13    S  9.  Paragraph  (c) of subdivision 4-a of section 510 of the vehicle
   14  and traffic law, as added by section 10 of part J of chapter 62  of  the
   15  laws of 2003, is amended to read as follows:
   16    (c) Upon receipt of notification from a traffic and parking violations
   17  agency  OR  A  TRAFFIC  VIOLATIONS  AGENCY of the failure of a person to
   18  appear within sixty days of the return date or new subsequent  adjourned
   19  date,  pursuant  to  an  appearance  ticket  charging said person with a
   20  violation of:
   21    (i) any of the provisions of this  chapter  except  one  for  parking,
   22  stopping or standing and except those violations described in paragraphs
   23  (a),  (b),  (d),  (e)  and (f) of subdivision two AND IN PARAGRAPHS (A),
   24  (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
   25  seventy-one of the general municipal law;
   26    (ii) section five hundred two or subdivision (a) of  section  eighteen
   27  hundred fifteen of the tax law;
   28    (iii)  section fourteen-f (except paragraph (b) of subdivision four of
   29  section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
   30  transportation law; or
   31    (iv)  any  lawful  ordinance  or  regulation made by a local or public
   32  authority relating to traffic  (except  one  for  parking,  stopping  or
   33  standing) or the failure to pay a fine imposed for such a violation by a
   34  traffic  and  parking  violations agency OR A TRAFFIC VIOLATIONS AGENCY,
   35  the commissioner or his or her agent may suspend the driver's license or
   36  privileges of such person pending receipt of notice from the agency that
   37  such person has appeared in response to such appearance  ticket  or  has
   38  paid  such  fine.  Such suspension shall take effect no less than thirty
   39  days from the day upon which notice thereof is sent by the  commissioner
   40  to  the person whose driver's license or privileges are to be suspended.
   41  Any suspension issued pursuant to this paragraph shall be subject to the
   42  provisions of paragraph (j-1) of subdivision two of section five hundred
   43  three of this chapter.
   44    S 10. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
   45  traffic law, as amended by section 11 of part J of  chapter  62  of  the
   46  laws of 2003, is amended to read as follows:
   47    (b)  Upon  the  failure  of a person to appear or answer, within sixty
   48  days of the return date or any subsequent adjourned date, or the failure
   49  to pay a fine imposed by a traffic and parking violations  agency  OR  A
   50  TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
   51  a violation of:
   52    (1)  any  of  the  provisions  of this chapter except one for parking,
   53  stopping or standing and except those violations described in paragraphs
   54  (a), (b), (d), (e) and (f) of subdivision two  AND  IN  PARAGRAPHS  (A),
   55  (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
   56  seventy-one of the general municipal law;
       S. 2401                             6
    1    (2)  section  five  hundred two or subdivision (a) of section eighteen
    2  hundred fifteen of the tax law;
    3    (3)  section  fourteen-f  (except paragraph (b) of subdivision four of
    4  section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
    5  transportation law; or
    6    (4)  any  lawful  ordinance  or  regulation  made by a local or public
    7  authority relating to traffic  (except  one  for  parking,  stopping  or
    8  standing);
    9  the clerk thereof shall within ten days certify that fact to the commis-
   10  sioner, in the manner and form prescribed by the commissioner, who shall
   11  record the same in his or her office. Thereafter and upon the appearance
   12  of  any  such  person  in response to such summons or the receipt of the
   13  fine by the agency, the traffic and parking violations agency, THE TRAF-
   14  FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify  that
   15  fact  to  the  commissioner,  in  the  manner and form prescribed by the
   16  commissioner; provided, however, no such  certification  shall  be  made
   17  unless  the  traffic  and  parking  violations  agency  OR  THE  TRAFFIC
   18  VIOLATIONS AGENCY  has  collected  the  termination  of  suspension  fee
   19  required  to  be  paid pursuant to paragraph (j-1) of subdivision two of
   20  section five hundred three of this chapter.
   21    S 11. The article heading of article 44-A of the vehicle  and  traffic
   22  law,  as  amended by chapter 388 of the laws of 2012, is amended to read
   23  as follows:
   24                      AUTHORITY OF THE NASSAU AND SUFFOLK
   25                COUNTY DISTRICT COURT AND BUFFALO CITY COURT
   26                          JUDICIAL HEARING OFFICERS
   27    S 12. The section heading of section 1690 of the vehicle  and  traffic
   28  law,  as  amended by chapter 388 of the laws of 2012, is amended to read
   29  as follows:
   30    Authority of the Nassau county and Suffolk county district court judi-
   31  cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
   32    S 13. Section 1690 of the vehicle and traffic law is amended by adding
   33  two new subdivisions 1-a and 4-a to read as follows:
   34    1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF  A
   35  TRAFFIC  INFRACTION  IS  AUTHORIZED  OR  REQUIRED TO BE TRIED BEFORE THE
   36  BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES  NOT  CONSTITUTE  A
   37  MISDEMEANOR,  FELONY,  VIOLATION  OF  SUBDIVISION  ONE OF SECTION ELEVEN
   38  HUNDRED  NINETY-TWO,  SUBDIVISION  FIVE  OF   SECTION   ELEVEN   HUNDRED
   39  NINETY-TWO,  SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF
   40  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION  OF  PARA-
   41  GRAPH  (B)  OF  SUBDIVISION  FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF
   42  SUBPARAGRAPH (III) OF PARAGRAPH C OF  SUBDIVISION  TWO  OF  SECTION  ONE
   43  HUNDRED  FORTY  OF  THE  TRANSPORTATION  LAW,  OR ANY PARKING, STOPPING,
   44  STANDING OR PEDESTRIAN OFFENSE, OR ANY OFFENSE THAT IS PART OF THE  SAME
   45  CRIMINAL  TRANSACTION,  AS  THAT  TERM  IS DEFINED IN SUBDIVISION TWO OF
   46  SECTION 40.10 OF THE CRIMINAL PROCEDURE  LAW,  AS  SUCH  A  MISDEMEANOR,
   47  FELONY,   VIOLATION   OF  SUBDIVISION  ONE  OF  SECTION  ELEVEN  HUNDRED
   48  NINETY-TWO,  SUBDIVISION  TWO  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO,
   49  SECTION THREE HUNDRED NINETY-SEVEN-A OR SUBDIVISION (G) OF SECTION ELEV-
   50  EN  HUNDRED  EIGHTY  OF THIS CHAPTER, OR A VIOLATION OF PARAGRAPH (B) OF
   51  SUBDIVISION FOUR OF SECTION FOURTEEN-F OR  CLAUSE  (B)  OF  SUBPARAGRAPH
   52  (III)  OF PARAGRAPH D OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
   53  THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
   54  OFFENSE, THE ADMINISTRATIVE JUDGE OF THE EIGHTH  JUDICIAL  DISTRICT  MAY
   55  ASSIGN  JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH JUDICIAL
   56  HEARING OFFICERS SHALL: (I) BE RESIDENTS OF THE  CITY  OF  BUFFALO;  AND
       S. 2401                             7
    1  (II)  BE  VILLAGE  OR  TOWN COURT JUSTICES, CITY COURT JUDGES OR RETIRED
    2  JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
    3  ENCE CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE  ADMIT-
    4  TED  TO  PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A LIST OF
    5  RECOMMENDATIONS OF THE MAYOR OF THE CITY OF BUFFALO  PROVIDED  THAT  THE
    6  MAYOR  SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL HEAR-
    7  ING OFFICER ASSIGNMENT. WHERE SUCH  ASSIGNMENT  IS  MADE,  THE  JUDICIAL
    8  HEARING  OFFICER  SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS A COURT
    9  AND SHALL:
   10    (A) DETERMINE ALL QUESTIONS OF LAW;
   11    (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
   12    (C) RENDER A VERDICT;
   13    (D) IMPOSE SENTENCE; OR
   14    (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
   15    4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM  APPEARING  IN  ANY
   16  CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
   17  CITY  COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
   18  PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
   19  ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY  MATTER
   20  RELATING TO TRAFFIC VIOLATIONS.
   21    S  14.  Subdivision 5 of section 350.20 of the criminal procedure law,
   22  as amended by chapter 388 of the laws of 2012, is  amended  to  read  as
   23  follows:
   24    5.  Notwithstanding the provisions of subdivision one of this section,
   25  for all proceedings before the  district  court  of  Nassau  county  the
   26  administrative  judge  of  Nassau  county  may,  and for all proceedings
   27  before the district court of Suffolk county, the administrative judge of
   28  Suffolk county may, without the consent of the parties,  assign  matters
   29  involving  traffic  and  parking  infractions  except those described in
   30  paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
   31  three hundred seventy-one of the general municipal  law  to  a  judicial
   32  hearing  officer  in  accordance  with the provisions of section sixteen
   33  hundred ninety of the vehicle and traffic law AND  FOR  ALL  PROCEEDINGS
   34  BEFORE  THE  BUFFALO  CITY  COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
   35  JUDICIAL DISTRICT MAY,  WITHOUT  THE  CONSENT  OF  THE  PARTIES,  ASSIGN
   36  MATTERS  INVOLVING  TRAFFIC  INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
   37  GRAPHS (A), (B), (C), (D), (E), (F) AND  (G)  OF  SUBDIVISION  TWO-A  OF
   38  SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE GENERAL MUNICIPAL LAW TO A
   39  JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION
   40  SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
   41    S  15. The executive director of the Buffalo traffic violations agency
   42  shall issue on an annual basis, beginning eighteen months following  the
   43  creation  of  the  Buffalo traffic violations agency pursuant to city of
   44  Buffalo local law, a report  detailing  the  progress,  development  and
   45  operations  of  the  traffic  violations  agency.    The report shall be
   46  provided to the governor, the temporary president  of  the  senate,  the
   47  speaker  of  the  assembly,  the mayor of Buffalo, the common council of
   48  Buffalo, the presiding judge of the Buffalo  city  court  and  the  Erie
   49  county district attorney.
   50    S 16. Section 4 of a chapter of the laws of 2014, amending the vehicle
   51  and  traffic law relating to directing the city of Buffalo to adjudicate
   52  traffic infractions, as proposed in legislative  bills  numbers  S.870-C
   53  and A.3702-C, is amended to read as follows:
   54    S  4.  This act shall take effect immediately; PROVIDED, HOWEVER, THAT
   55  THE PROVISIONS  OF  SECTIONS  ONE,  TWO  AND  THREE  SHALL  TAKE  EFFECT
   56  FORTY-FIVE  DAYS  AFTER THE CITY OF BUFFALO, BY ENACTMENT OF A LOCAL LAW
       S. 2401                             8
    1  HEREBY AUTHORIZED, SHALL HAVE ESTABLISHED A TRAFFIC  VIOLATIONS  AGENCY;
    2  PROVIDED,  FURTHER,  THAT  IF  ESTABLISHED,  SUCH AGENCY AND THE CITY OF
    3  BUFFALO SHALL COMPLY WITH ALL THE PROVISIONS OF LAW SET  FORTH  IN  THIS
    4  ACT  AND  THE CHAPTER OF THE LAWS OF 2015 THAT AMENDED THIS SECTION, AND
    5  PROVIDED, FURTHER, THAT THE CITY OF BUFFALO SHALL NOTIFY THE LEGISLATIVE
    6  BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF  THE  ENACTMENT  OF  THE
    7  LOCAL  LAW PROVIDED FOR IN THIS SECTION IN ORDER THAT THE COMMISSION MAY
    8  MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE DATA BASE OF THE OFFICIAL TEXT
    9  OF THE LAWS OF THE STATE OF NEW YORK IN FURTHERANCE OF EFFECTUATING  THE
   10  PROVISIONS  OF SECTION 44 OF THE LEGISLATIVE LAW AND SECTION 70-B OF THE
   11  PUBLIC OFFICERS LAW.
   12    S 17. This act shall take effect immediately; provided, however,  that
   13  the  provisions  of sections two, three, seven, and eleven through four-
   14  teen of this act shall take effect on the  same  date  as  a  local  law
   15  enacted by the city of Buffalo establishing a traffic violations agency,
   16  pursuant  to  section  sixteen  of  this  act,  takes  effect; provided,
   17  further, that the amendments to section 371 of the general municipal law
   18  made by sections four, five and six of this act  shall  not  affect  the
   19  expiration  of  such  section  and  shall be deemed to expire therewith;
   20  provided, further, that the city of Buffalo shall notify the legislative
   21  bill drafting commission upon the occurrence of  the  enactment  of  the
   22  local  law provided for in section sixteen of this act in order that the
   23  commission may maintain an accurate and timely effective  data  base  of
   24  the official text of the laws of the state of New York in furtherance of
   25  effectuating  the  provisions  of  section 44 of the legislative law and
   26  section 70-b of the public officers law;  and  provided,  further,  that
   27  sections  one,  four through six, eight through ten, and fifteen of this
   28  act shall take effect on the  same  date  and  in  the  same  manner  as
   29  sections  one,  two  and three of a chapter of the laws of 2014 amending
   30  the vehicle and traffic law relating to directing the city of Buffalo to
   31  adjudicate traffic infractions, as proposed in legislative bills numbers
   32  S.870-C and A.3702-C, take effect.