S2353-2011 - NY Senate Open Legislation - Authorizes the city of Buffalo to adjudicate traffic infractions similar to other cities having a population of less than two hundred thousand

Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.

Sponsor: GRISANTI / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Amd S225, V & T L

S2353-2011 Actions

May 7, 2012: ADVANCED TO THIRD READING
May 2, 2012: 2ND REPORT CAL.
May 1, 2012: 1ST REPORT CAL.660
Jan 18, 2012: REPORTED AND COMMITTED TO FINANCE
Jan 5, 2012: PRINT NUMBER 2353A
Jan 5, 2012: AMEND AND RECOMMIT TO TRANSPORTATION
Jan 4, 2012: REFERRED TO TRANSPORTATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 15, 2011: referred to transportation
Jun 15, 2011: DELIVERED TO ASSEMBLY
Jun 15, 2011: PASSED SENATE
Jun 15, 2011: HOME RULE REQUEST
Feb 8, 2011: ADVANCED TO THIRD READING
Feb 7, 2011: 2ND REPORT CAL.
Feb 1, 2011: 1ST REPORT CAL.53
Jan 19, 2011: REFERRED TO TRANSPORTATION

S2353-2011 Meetings

Transportation: Feb 1, 2011

S2353-2011 Calendars

S2353-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Feb 1, 2011

Ayes (18): Fuschillo, Johnson, Lanza, Larkin, Maziarz, McDonald, Nozzolio, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Ayes W/R (1): Adams

VOTE: FLOOR VOTE: - Jun 15, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thompson, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin

S2353-2011 Memo

BILL NUMBER:S2353

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 OR GENERAL IDEA OF BILL:
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
paragraph (b) to section 225.

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:
S.1156B - Passed in 2010

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect January 1, 2013 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.

S2353-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2353
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 Introduced  by Sen. GRISANTI -- 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  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. Subdivision 1 of section 225 of  the  vehicle  and  traffic
 law,  as  amended by chapter 173 of the laws of 1990, is amended to read
 as follows:

 1.  (A)  Notwithstanding  any  inconsistent  provision  of  law,   all
 violations  of this chapter or of a law, ordinance, order, rule or regu
 lation relating to traffic, except parking, standing, stopping or pedes
 trian offenses, which occur within a city having  a  population  of  two
 hundred  thousand or more in which administrative tribunals have hereto
 fore been established, or within that  portion  of  Suffolk  county  for
 which a district court has been established, and which are classified as
 traffic  infractions,  may be heard and determined pursuant to the regu
 lations of the commissioner as provided in this article.
 (B) FOR PURPOSES OF THIS ARTICLE WITH REGARD TO  THE  ADJUDICATION  OF
 ANY  VIOLATION  OF  THIS  CHAPTER OR OF A LAW, ORDINANCE, ORDER, RULE OR
 REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC
 TION, IN THE CITY OF BUFFALO, PARAGRAPH (A) OF  THIS  SUBDIVISION  SHALL
 NOT  APPLY.    NOTWITHSTANDING  ANY INCONSISTENT 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.
 (C)  Whenever  a  crime and a traffic infraction arise out of the same
 transaction or occurrence, a charge alleging both offenses may  be  made
 returnable  before the court having jurisdiction over the crime. Nothing
 herein provided shall be construed to prevent a court, having  jurisdic
 tion over a criminal charge relating to traffic or a traffic infraction,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04701-01-1
        S. 2353                             2
 from lawfully entering a judgment of conviction, whether or not based on
 a plea of guilty, for any offense classified as a traffic infraction.
 

S  2. This act shall take effect January 1, 2013. 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.

S2353-2011: Authorizes the city of Buffalo to adjudicate traffic infractions similar to other cities having a population of less than two hundred thousand