NY State Senate Bill 2015-S204

Senate Bill S204

2015-2016 Legislative Session

Relates to traffic-control indications for cities of one million or more; makes such provisions permanent; repealer

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Jan 07, 2015	referred to transportation

co-Sponsors

2015-S204 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1111-a, rpld sub m, V & T L; amd §19-210, rpld subs (n) & (o), NYC Ad Cd; amd §§16 & 17, Chap 746 of 1988; amd §2, NYC, LL 46 of 1989
Versions Introduced in 2013-2014 Legislative Session:: S6115

2015-S204 (ACTIVE) - Summary

Relates to traffic-control indications for cities of one million or more; makes such provisions permanent; authorizes cities to implement speed cameras by local law.

2015-S204 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S204

 TITLE OF BILL :  An act to amend the vehicle and traffic law and the
administrative code of the city of New York, in relation to
traffic-control indications for cities of one million or more; to
amend chapter 746 of the laws of 1988 amending the vehicle and traffic
law, the general municipal law and the public officers law, relating
to the civil liability of vehicle owners for traffic control signal
violations, in relation to making such provisions permanent; and to
amend local law number 46 of the city of New York for the year 1989
amending the administrative code of New York relating to civil
liability of vehicle owners for traffic control signal violations, in
relation to making such provisions permanent; and repealing certain
provisions of the vehicle and traffic law and the administrative code
of the city of New York relating thereto

 PURPOSE :

The Purpose of this legislation is enact into law the ability for
cities of one million or more to establish a program to operate
traffic-control signal photo violation-monitoring at no more than one
hundred fifty intersections.

 SUMMARY OF PROVISIONS :

Creates the ability for cities of one million or more to operate

traffic-control violation monitoring devices.  Establishes said
violation monitoring devices will not produce photos that include
images that identify the driver, passenger, or contents of the
vehicle.

Provided, however, that no notice of liability issued pursuant to this
section shall be dismissed solely because a photograph or photographs
allow for the identification of the contents of a vehicle, provided
that such city has made a reasonable effort to comply with the
provisions of this paragraph.

Such law shall provide for devices at no more than 150 intersections
at any one time.

 JUSTIFICATION :

Speeding cameras are a critical tool that city officials have
repeatedly called for; this year NYC will begin a pilot program to
place cameras outside public schools with the highest observed rates
of speeding. But while Senator Espaillat co-sponsored and championed
legislation supporting this limited program, New York City pedestrian
safety should not be held hostage by political whims in Albany. NYC
should be given "home rule," which would allow the NYC council, or if
authorized, city transportation and public safety agencies, to make
camera placement decisions without state legislative action. This
would allow NYPD to place cameras in areas where they know groups of
motorcyclists are performing illegal student, or along highways and
streets where there have been confirmed incidents involving
motorcyclist harassment.

 LEGISLATIVE HISTORY :

None

 EFFECTIVE DATE :
Immediately

2015-S204 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   204

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 administrative code
  of the city of New York, in relation  to  traffic-control  indications
  for cities of one million or more; to amend chapter 746 of the laws of
  1988  amending  the vehicle and traffic law, the general municipal law
  and the public officers law, relating to the civil liability of  vehi-
  cle  owners  for  traffic  control  signal  violations, in relation to
  making such provisions permanent; and to amend local law number 46  of
  the  city  of  New  York for the year 1989 amending the administrative
  code of New York relating to civil liability  of  vehicle  owners  for
  traffic   control  signal  violations,  in  relation  to  making  such
  provisions permanent; and repealing certain provisions of the  vehicle
  and  traffic  law  and the administrative code of the city of New York
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (a) of section 1111-a of the vehicle and traf-
fic law, as amended by chapter 658 of the laws of 2006 and  paragraph  1
as  amended  by  chapter  18  of the laws of 2009, is amended to read as
follows:
  (a) 1. Notwithstanding any other provision of law, each  city  with  a
population  of one million or more 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 fail-
ure of an operator thereof to comply with traffic-control indications in
such city in accordance  with  the  provisions  of  this  section.  Such
[demonstration]  program  shall  empower  a  city to install and operate
traffic-control signal photo violation-monitoring devices  [at  no  more

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01900-01-5

S. 204                              2

than  one  hundred  fifty  intersections]  within  such city [at any one
time].
  2.  Such  [demonstration] program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs produced by  such
traffic-control  signal  photo  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 a photograph
or photographs allow for the identification of the contents of  a  vehi-
cle, provided that such city has made a reasonable effort to comply with
the provisions of this paragraph.
  S  2. Subdivision (m) of section 1111-a of the vehicle and traffic law
is REPEALED.
  S 3. Subdivision (a) of section 19-210 of the administrative  code  of
the  city of New York, as amended by chapter 658 of the laws of 2006 and
paragraph 1 as amended by chapter 18 of the laws of 2009, is amended  to
read as follows:
  (a)  1.  Notwithstanding  any  other  provision  of  law,  the parking
violations bureau is hereby authorized  and  empowered  to  establish  a
[demonstration]  program  imposing  monetary liability on the owner of a
vehicle for failure of an operator thereof to comply  with  traffic-con-
trol  indications in accordance with the provisions of this section. The
department of transportation, for purposes  of  implementation  of  such
program,  shall  be  authorized  to  install and operate traffic-control
signal photo violation-monitoring devices [at no more than  one  hundred
fifty intersections at any one time].
  2.  Such  [demonstration] program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs produced by  such
traffic-control  signal  photo  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 a photograph
or photographs allow for the identification of the contents of  a  vehi-
cle, provided that such city has made a reasonable effort to comply with
the provisions of this paragraph.
  S  4. Subdivisions (n) and (o) of section 19-210 of the administrative
code of the city of New York are REPEALED.
  S 5. Section 16 of chapter 746 of the laws of 1988 amending the  vehi-
cle  and  traffic law, the general municipal law and the public officers
law, relating to the civil  liability  of  vehicle  owners  for  traffic
control signal violations, is amended to read as follows:
  S 16. The purchase or lease of equipment for a [demonstration] program
established  pursuant  to section eleven hundred eleven-a of the vehicle
and traffic law shall be  subject  to  the  provisions  of  section  one
hundred three of the general municipal law.
  S  6. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
cle and traffic law, the general municipal law and the  public  officers
law,  relating  to  the  civil  liability  of vehicle owners for traffic
control signal violations, as amended by chapter  134  of  the  laws  of
2014, is amended to read as follows:
  S  17.  This act shall take effect on the thirtieth day after it shall
have become a law [and shall remain  in  full  force  and  effect  until
December  1, 2019 when upon such date the amendments and provisions made
by this act shall be deemed repealed; provided, however, any such  local
laws  as  may be enacted pursuant to this act shall remain in full force
and effect only until the expiration on December 1, 2019].

S. 204                              3

  S 7. Section 2 of local law number 46 of the city of New York for  the
year  1989  amending  the  administrative  code  of the city of New York
relating to civil liability of vehicle owners for traffic control signal
violations, as amended by chapter 134 of the laws of 2014, is amended to
read as follows:
  S 2. This local law shall take effect immediately [and shall expire on
December 1, 2019].
  S  8.  This act shall take effect immediately; provided, however, that
sections one through five of this act shall take effect one  year  after
it shall have become a law.

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Senate Bill S204

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Sponsored By

Adriano Espaillat