Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.
BILL NUMBER: S1156
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions
PURPOSE : This legislation would allow the city of Buffalo the same authority offered to its surrounding suburbs to adjudicate traffic violations. Currently, the state of New York adjudicates all traffic violations in the city of Buffalo.
SUMMARY OF PROVISIONS : Section 1. The vehicle and traffic law is amended by adding a new section 229.
JUSTIFICATION : The purpose of this legislation is to allow the city of Buffalo to adjudicate traffic infractions. New York State currently holds all hearings in Buffalo without the option of a plea bargain system. If the City of Buffalo adjudicates traffic infractions they will implement a system that would allow traffic violators to have an option of a plea bargain, which could lead to traffic school. This system would offer two benefits to Buffalo residents now currently enjoyed by suburban residents; the violator would be allowed to attend traffic school thus hopefully becoming a safer and better driver and also after attending school would not receive any points on his/her license which in turn raises his/her insurance rates. City of Buffalo residents already pay higher insurance rates and this system only causes these rates to increase without any of the options that are offered in the surrounding areas.
LEGISLATIVE HISTORY : 2007/2008 - Bill A.6482
FISCAL IMPLICATIONS : To be determined.
EFFECTIVE DATE : This act shall take effect January 1, 2011 provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 1156 2009-2010 Regular Sessions IN SENATE January 26, 2009 ___________Introduced by Sens. THOMPSON, ONORATO, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions 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 229 to read as follows: S 229. APPLICATION OF ARTICLE. THIS ARTICLE SHALL NOT APPLY TO THE CITY OF BUFFALO. FOR PURPOSES OF THIS CHAPTER WITH REGARD TO THE ADJUDI- CATION OF ANY VIOLATION OF THIS CHAPTER OR OF A LAW, ORDINANCE, ORDER, RULE OR REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRACTION, THE CITY OF BUFFALO SHALL BE DEEMED TO BE A CITY HAVING A POPULATION OF LESS THAN TWO HUNDRED THOUSAND. NOTWITHSTANDING ANY INCON- SISTENT PROVISION OF A GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL PROVIDE BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS. ANY PERSON CHARGED WITH A TRAFFIC INFRACTION BY THE CITY OF BUFFALO SHALL HAVE ALL THE RIGHTS TO A HEAR- ING, ADMINISTRATIVE ADJUDICATION AND JUDICIAL REVIEW PURSUANT TO THIS CHAPTER AND ANY OTHER PROVISION OF LAW. THE CITY OF BUFFALO SHALL HAVE ALL THE FUNCTIONS, POWERS AND DUTIES WITH RESPECT TO THE ADJUDICATION OF TRAFFIC INFRACTIONS AS ARE GRANTED TO CITIES HAVING A POPULATION OF LESS THAN TWO HUNDRED THOUSAND. TRAFFIC INFRACTIONS ADJUDICATED BY THE CITY OF BUFFALO SHALL BE PUNISHABLE BY A CIVIL PENALTY. ALL MONEYS COLLECTED FROM SUCH ADJUDICATIONS SHALL BE DISTRIBUTED PURSUANT TO SECTION EIGH- TEEN HUNDRED THREE OF THIS CHAPTER. S 2. This act shall take effect January 1, 2011. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04670-01-9