Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.

---

S5634F-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A9539D
• Jun 19, 2012: AMENDED ON THIRD READING 5634F
• Jun 19, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
• Jun 18, 2012: returned to senate
• Jun 18, 2012: RECALLED FROM ASSEMBLY
• May 21, 2012: referred to transportation
• May 21, 2012: DELIVERED TO ASSEMBLY
• May 21, 2012: PASSED SENATE
• May 21, 2012: HOME RULE REQUEST
• May 7, 2012: AMENDED ON THIRD READING 5634E
• Apr 18, 2012: AMENDED ON THIRD READING (T) 5634D
• Mar 26, 2012: AMENDED ON THIRD READING 5634C
• Mar 19, 2012: ADVANCED TO THIRD READING
• Mar 15, 2012: 2ND REPORT CAL.
• Mar 14, 2012: 1ST REPORT CAL.358
• Feb 23, 2012: PRINT NUMBER 5634B
• Feb 23, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Feb 15, 2012: PRINT NUMBER 5634A
• Feb 15, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jun 8, 2011: REFERRED TO LOCAL GOVERNMENT

S5634F-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S5634F-2011 Votes

S5634F-2011 Memo

BILL NUMBER:S5634F

TITLE OF BILL:
An act
to amend the general municipal law, the vehicle and traffic law,
the criminal procedure law and the state finance law,
in relation to establishing a traffic and parking
violations agency in the county of Suffolk

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows for the establishment of a traffic and parking
violation agency in the County of Suffolk and for the appointment of
traffic prosecutors.

SUMMARY OF PROVISIONS:
Section One amends section 370 of the general municipal law by adding
a new subdivision which establishes a Suffolk County traffic and
parking violations agency, operating under the direction and control
of the county executive.

Section Two amends section 370-a of the general municipal law, as
added by chapter 496 of the laws of 1990, subdivision 1 as amended by
chapter 527 of the laws of 2002 to add Suffolk county into the
definitions section of the section of law pertaining to traffic
violations bureaus wherever Nassau County is named.

Section Three amends section 371 of the general municipal law,
subdivisions 2 as amended by chapter 19 and the laws of 2009,
subdivision 3 as amended by chapter 496 of the laws of 1990 and
subdivision 4 as amended by chapter 456 of the laws of 1998 to
authorize the traffic and parking violations agency in Suffolk county
to assist the Suffolk county district court in the disposition and
administration of infractions of traffic and parking laws,
ordinances, rules and regulations and the liability of owners for
certain violations, permits an individual charged with an infraction
to answer at the Suffolk county traffic and parking violations agency
established under this law.

Section Four amends section 374 of the general municipal law to
provide that the traffic prosecutor for the Suffolk county traffic
and parking violations agency shall be appointed by the county
executive and provides for the hiring of attorneys to serve as
"traffic prosecutors."

Section Five through Eleven are cross-references.

Section Twelve provides that no non-judicial employee of the Suffolk
County district court shall suffer a diminution of salary, employment
status or rights solely by operation of this act provided that the
legal
authority of the chief administrator of the courts to supervise the
administration and operation of the unified court system.

Section Thirteen requires the administrative judge of Suffolk County
to prepare an annual report detailing the progress, development and


operations of the traffic violations agency would be required under
the provisions of this legislation.

Section Fourteen is the effective date.

JUSTIFICATION:
Current law allows the legislative body of a city, village or town, by
local law, to authorize the court having jurisdiction of traffic
cases to establish a traffic violations bureau to assist in the
disposition of infractions in relation to traffic violations.

At the request of the Nassau County Legislature. such a bureau was
established for the county of Nassau by an act of the legislature in
2002. Prior to the establishment of a traffic violations bureau under
state law, Nassau County was permitted to establish such a bureau by
local law. An agency of this type serves to assist the district court
in the administration and disposition of traffic and parking
infractions and helps to lessen the backlog of unanswered and unpaid
traffic and parking summonses.

The needs of Suffolk county in this regard have risen to the level
where the establishment of a traffic violations bureau has become
necessary for this county to ease the burden on the district court in
disposing of the tremendous amount of cases that traffic and parking
infractions generate. Suffolk County has specifically requested
legislative action in this regard. This legislation would establish
for Suffolk County a traffic violations bureau. This would lead to a
speedy and equitable disposition of charges and provide assurance to
residents that traffic and parking laws will be enforced and that
appropriate the penalties will be imposed on those persons who have
been found guilty of violating them, thus helping to preserve the
quality of life in Suffolk County.

LEGISLATIVE HISTORY:
2009: S.5862/A.8471 Remained in Senate Transportation Committee/
      Assembly Codes Committee
2007: S.4174A/A.9593A - Died in Senate Rules Committee/Assembly
      Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect April 1, 2013; provided, however, the
amendments to sections 370-a, subdivisions 2, 3 and 4 of section 371
and section 374 of the general municipal law, the article heading of
article 44-A and the section heading and subdivisions 1 and 4 of
section 1690 of the vehicle and traffic law and subdivision 5 of
section 350.20 of the criminal procedure law, as made by sections
two, three, four, five six and seven of this act, respectively, shall
take effect only in the event that the county of Suffolk shall have,
by local law established a traffic and parking violations agency;
provided that the legislature of the county of Suffolk shall notify
the legislative bill drafting commission upon the occurrence of the
enactment of the legislation provided for in sections two, three,
four, five, six and seven of this act in order that the commission
may maintain an accurate and timely effective data base of the


official text of the laws of the State of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law; provided, however, that the
amendments to section 371 of the general municipal law made by
section three of this act shall be deemed to expire therewith and
provided that the amendments to subdivision 2 of section 99-1 of the
general municipal law made by section ten of this act shall be
subject to the expiration and reversion of such subdivision pursuant
to section 6 of chapter 179 of the laws of 2000, as amended, when
upon such date the provisions of section eleven of this act shall
take effect.

S5634F-2011 Text

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

                                   5634--F
      Cal. No. 358

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 8, 2011
                                 ___________

  Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government -- recom-
    mitted to the Committee on Local Government in accordance with  Senate
    Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said  committee  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to  said  committee -- reported favorably from said committee, ordered
    to first and second report, ordered to a third  reading,  amended  and
    ordered  reprinted,  retaining its place in the order of third reading
    -- again amended and ordered reprinted, retaining  its  place  in  the
    order of third reading -- again amended and ordered reprinted, retain-
    ing  its  place  in the order of third reading -- passed by Senate and
    delivered to the Assembly, recalled, vote  reconsidered,  restored  to
    third  reading,  amended and ordered reprinted, retaining its place in
    the order of third reading

  AN ACT to amend the general municipal law, the vehicle and traffic  law,
    the  criminal  procedure law and the state finance law, in relation to
    establishing a traffic and parking violations agency in the county  of
    Suffolk

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


    Section 1. Section 370 of the general  municipal  law  is  amended  by
  adding a new subdivision 3 to read as follows:

    3.  THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT KNOWN
  AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
  OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
    S 2. Section 370-a of the general municipal law, as added  by  chapter
  496  of the laws of 1990, subdivision 1 as amended by chapter 527 of the
  laws of 2002, is amended to read as follows:

    S 370-a. Definitions. For the purpose of this article:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11932-16-2

 S. 5634--F                          2

    1. "Traffic and parking violations agency" shall mean a department  of
  the  Nassau county government established pursuant to subdivision two of
  section three hundred seventy of this article OR  A  DEPARTMENT  IN  THE
  SUFFOLK  COUNTY  GOVERNMENT ESTABLISHED PURSUANT TO SUBDIVISION THREE OF
  SUCH  SECTION  to  administer and dispose of traffic and parking infrac-
  tions.
    2. "Traffic prosecutor" shall mean an attorney duly admitted to  prac-
  tice  law in the state of New York who, having been appointed and either
  hired or retained pursuant to section three hundred seventy-four of this
  article, has the responsibility of prosecuting any traffic  and  parking
  infractions  returnable  before  the Nassau county district court OR THE
  SUFFOLK COUNTY DISTRICT COURT pursuant to the jurisdictional limitations
  of section three hundred seventy-one of this article.
    S 3. Subdivisions 2, 3 and 4 of section 371 of the  general  municipal
  law,  subdivision  2 as amended by section 21 of part G of chapter 58 of
  the laws of 2012, subdivision 3 as amended by chapter 496 of the laws of
  1990 and subdivision 4 as amended by chapter 465 of the  laws  of  1998,
  are amended to read as follows:

    2.  The Nassau county traffic and parking violations agency, as estab-
  lished, may be authorized to assist the Nassau  county  district  court,
  AND  THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS ESTAB-
  LISHED, MAY BE AUTHORIZED TO ASSIST THE SUFFOLK COUNTY  DISTRICT  COURT,
  in  the  disposition  and  administration  of infractions of traffic and
  parking laws, ordinances, rules and regulations  and  the  liability  of
  owners for violations of subdivision (d) of section eleven hundred elev-
  en  of  the  vehicle  and  traffic law in accordance with section eleven
  hundred eleven-b of such law, except that such [agency]  AGENCIES  shall
  not  have  jurisdiction  over  (a)  the traffic infraction defined under
  subdivision one of section eleven hundred ninety-two of the vehicle  and
  traffic  law;  (b) the traffic infraction defined under subdivision five
  of section eleven hundred ninety-two of the vehicle and traffic law; (c)
  the violation defined under paragraph (b) of subdivision four of section
  fourteen-f of the transportation law and  the  violation  defined  under
  clause  (b)  of  subparagraph (iii) of paragraph c of subdivision two of
  section one hundred forty of the transportation  law;  (d)  the  traffic
  infraction  defined  under  section  three hundred ninety-seven-a of the
  vehicle and traffic law and the traffic infraction defined under  subdi-
  vision  (g)  of section eleven hundred eighty of the vehicle and traffic
  law; (e) any misdemeanor or felony; or (f) any offense that is  part  of
  the  same  criminal  transaction, as that term is defined in subdivision
  two of section 40.10 of the criminal procedure law, as  a  violation  of
  subdivision  one of section eleven hundred ninety-two of the vehicle and
  traffic law, a violation of subdivision five of section  eleven  hundred
  ninety-two  of the vehicle and traffic law, a violation of paragraph (b)
  of subdivision four of section fourteen-f of the transportation  law,  a
  violation  of  clause  (b)  of  subparagraph (iii) of paragraph [d] C of
  subdivision two of section one hundred forty of the transportation  law,
  a  violation  of section three hundred ninety-seven-a of the vehicle and
  traffic law, a violation of subdivision (g) of  section  eleven  hundred
  eighty of the vehicle and traffic law or any misdemeanor or felony.
    3.  A  person charged with an infraction which shall be disposed of by
  either a traffic violations bureau [or], the Nassau county  traffic  and
  parking  violations  agency,  OR  THE SUFFOLK COUNTY TRAFFIC AND PARKING
  VIOLATIONS AGENCY may be permitted to answer, within a  specified  time,
  at  the traffic violations bureau, [and] in Nassau county at the traffic
  and parking violations agency AND IN SUFFOLK COUNTY AT THE  TRAFFIC  AND

 S. 5634--F                          3

  PARKING  VIOLATIONS  AGENCY,  either  in  person  or by written power of
  attorney in such form as may be prescribed in the ordinance or local law
  creating the bureau or agency, by paying a prescribed fine and, in writ-
  ing, waiving a hearing in court, pleading guilty to the charge or admit-
  ting  liability  as  an  owner  for  the violation of subdivision (d) of
  section eleven hundred eleven of the vehicle and  traffic  law,  as  the
  case may be, and authorizing the person in charge of the bureau or agen-
  cy  to  enter  such a plea or admission and accept payment of said fine.
  Acceptance of the prescribed fine and power of attorney by the bureau or
  agency shall be deemed complete satisfaction for the violation or of the
  liability, and the violator or owner liable for a violation of  subdivi-
  sion (d) of section eleven hundred eleven of the vehicle and traffic law
  shall  be  given  a  receipt which so states. If a person charged with a
  traffic violation does not answer as hereinbefore prescribed,  within  a
  designated  time,  the  bureau  or  agency  may  cause a complaint to be
  entered against him forthwith and a warrant to be issued for his  arrest
  and  appearance before the court, such summons to be predicated upon the
  personal service of said  summons  upon  the  person  charged  with  the
  infraction.  Any person who shall have been, within the preceding twelve
  months, guilty of a number of parking violations in excess of such maxi-
  mum number as may be designated by  the  court,  or  of  three  or  more
  violations  other  than  parking  violations,  shall not be permitted to
  appear and answer to a subsequent violation at  the  traffic  violations
  bureau  or  agency,  but must appear in court at a time specified by the
  bureau or agency. Such bureau or  agency  shall  not  be  authorized  to
  deprive a person of his right to counsel or to prevent him from exercis-
  ing  his  right  to appear in court to answer to, explain, or defend any
  charge of a violation of any traffic law, ordinance, rule or regulation.
    4. Notwithstanding any inconsistent provision of law, fines, penalties
  and forfeitures collected by the Nassau county OR SUFFOLK COUNTY traffic
  and parking violations  agency  shall  be  distributed  as  provided  in
  section  eighteen  hundred  three  of  the  vehicle and traffic law. All
  fines, penalties and  forfeitures  for  violations  adjudicated  by  the
  Nassau  county  OR  SUFFOLK COUNTY traffic and parking violations agency
  pursuant to subdivision two of this section, with the exception of park-
  ing violations, and except as provided in subdivision three  of  section
  ninety-nine-a  of  the state finance law, shall be paid by such [agency]
  AGENCIES to the state comptroller within the first ten days of the month
  following collection. Each such payment shall be accompanied by  a  true
  and  complete  report  in  such form and detail as the comptroller shall
  prescribe.
    S 4. Section 374 of the general municipal law, as amended  by  chapter
  527 of the laws of 2002, is amended to read as follows:

    S  374.  Traffic prosecutor selection and oversight. (a) The executive
  director of the Nassau county traffic and parking violations agency, AND
  THE EXECUTIVE  DIRECTOR  OF  THE  SUFFOLK  COUNTY  TRAFFIC  AND  PARKING
  VIOLATIONS  AGENCY,  appointed  pursuant  to  subdivision  (b)  of  this
  section, shall select and may contract with or hire one or more  persons
  who  are  attorneys,  duly  admitted  to the practice of law in New York
  state for the prosecution of any traffic and parking infraction,  except
  those  described in paragraphs (a), (b), (c), (d), (e) and (f) of subdi-
  vision two of section three hundred seventy-one of this article,  to  be
  heard,  tried  or  otherwise disposed of by the district court of Nassau
  county IN THE CASE OF AN ATTORNEY SELECTED BY THE NASSAU  COUNTY  EXECU-
  TIVE  DIRECTOR,  OR BY THE DISTRICT COURT OF SUFFOLK COUNTY, IN THE CASE
  OF AN ATTORNEY SELECTED BY THE SUFFOLK COUNTY EXECUTIVE DIRECTOR.   Such

 S. 5634--F                          4

  persons shall be known as "traffic prosecutors", as that term is defined
  in  section three hundred seventy-a of this article. Traffic prosecutors
  shall have the same power as a district attorney would otherwise have in
  the prosecution of any traffic or parking infraction which may, pursuant
  to the jurisdictional provisions of section three hundred seventy-one of
  this  article,  be prosecuted before the district court of Nassau county
  OR THE DISTRICT COURT  OF  SUFFOLK  COUNTY,  IF  THE  TRAFFIC  VIOLATION
  OCCURRED  IN  SUFFOLK COUNTY.   The executive director shall give active
  consideration to requiring that such  traffic  prosecutors  serve  on  a
  full-time  basis.  Traffic  prosecutors are prohibited from appearing in
  any capacity other than as a traffic  prosecutor  in  any  part  of  the
  Nassau  county  district  court OR THE SUFFOLK COUNTY DISTRICT COURT, IF
  THE TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter  relating
  to traffic or parking violations and are further prohibited from appear-
  ing  in  any  capacity  other  than as a traffic prosecutor in any other
  court or administrative tribunal on any matter relating  to  traffic  or
  parking violations.
    (b)  The  county  executive  of  the  county of Nassau shall appoint a
  person to serve as the executive director of the Nassau  county  traffic
  and  parking violations agency subject to the confirmation of the county
  legislature of the county of Nassau. THE COUNTY EXECUTIVE OF THE  COUNTY
  OF  SUFFOLK SHALL APPOINT A PERSON TO SERVE AS THE EXECUTIVE DIRECTOR OF
  THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY SUBJECT TO  THE
  CONFIRMATION  OF  THE  COUNTY  LEGISLATURE OF THE COUNTY OF SUFFOLK. The
  executive director shall be responsible for the oversight  and  adminis-
  tration  of  the  agency.  The  executive  director  OF NASSAU COUNTY is
  prohibited from appearing in any capacity in  any  part  of  the  Nassau
  county  district  court  AND THE EXECUTIVE DIRECTOR OF SUFFOLK COUNTY IS
  PROHIBITED FROM APPEARING IN ANY CAPACITY IN ANY  PART  OF  THE  SUFFOLK
  COUNTY  DISTRICT  COURT  on  any  matter  relating to traffic or parking
  violations and is further prohibited from appearing in any  capacity  in
  any  other  court  or  administrative tribunal on any matter relating to
  traffic or parking violations.
    (c) It shall be a misdemeanor for the executive director, any  traffic
  prosecutor  or  any judicial hearing officer assigned to hear traffic or
  parking violations cases pursuant to section one  thousand  six  hundred
  ninety  of the vehicle and traffic law to establish any quota of traffic
  violation convictions which must be obtained by any  traffic  prosecutor
  or judicial hearing officer. Nothing contained herein shall prohibit the
  taking  of any job action against a traffic prosecutor or judicial hear-
  ing officer for failure to satisfactorily perform such  prosecutor's  or
  officer's job assignment except that the employment productivity of such
  prosecutor  or officer shall not be measured by the attainment or nonat-
  tainment of any conviction quota. For the purposes  of  this  section  a
  conviction  quota shall mean a specific number of convictions which must
  be obtained within a specific time period.
    (d) The legislature of the county  of  Nassau  may  appropriate  those
  monies  which,  in  the legislature's sole discretion, are necessary for
  the compensation of those persons selected to serve as executive  direc-
  tor  and  traffic prosecutors and to cover all other expenses associated
  with the  administration  of  the  Nassau  county  traffic  and  parking
  violations agency.
    (E)  THE  LEGISLATURE  OF  THE COUNTY OF SUFFOLK MAY APPROPRIATE THOSE
  MONIES WHICH, IN THE LEGISLATURE'S SOLE DISCRETION,  ARE  NECESSARY  FOR
  THE  COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS EXECUTIVE DIREC-
  TOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER  EXPENSES  ASSOCIATED

 S. 5634--F                          5

  WITH  THE  ADMINISTRATION  OF  THE  SUFFOLK  COUNTY  TRAFFIC AND PARKING
  VIOLATIONS AGENCY.
    S  5.  The  article heading of article 44-A of the vehicle and traffic
  law, as added by chapter 496 of the laws of 1990, is amended to read  as
  follows:

                      AUTHORITY OF THE NASSAU AND SUFFOLK
                            COUNTY DISTRICT COURT
                     JUDICIAL HEARING [OFFICER] OFFICERS

    S  6.  The section heading, subdivision 1 and subdivision 4 of section
  1690 of the vehicle and traffic law, the section heading and subdivision
  4 as added by chapter 496 of the laws of 1990, subdivision 1 as  amended
  by  chapter 420 of the laws of 2001, and the opening paragraph of subdi-
  vision 1 as amended by section 20 of part G of chapter 58 of the laws of
  2012, are amended to read as follows:

    Authority of the Nassau county AND SUFFOLK COUNTY district court judi-
  cial hearing [officer] OFFICERS.  1. Notwithstanding any other provision
  of law, where the trial of a traffic or parking infraction is authorized
  or required to be tried before  the  Nassau  county  district  court  OR
  SUFFOLK  COUNTY  DISTRICT COURT, and such traffic and parking infraction
  does not constitute a misdemeanor, felony, violation of subdivision  one
  of section eleven hundred ninety-two, subdivision five of section eleven
  hundred ninety-two, section three hundred ninety-seven-a, or subdivision
  (g)  of section eleven hundred eighty of this chapter, or a violation of
  paragraph (b) of subdivision four of section fourteen-f or clause (b) of
  subparagraph (iii) of paragraph c of  subdivision  two  of  section  one
  hundred  forty of the transportation law, or any offense that is part of
  the same criminal transaction, as that term is  defined  in  subdivision
  two  of section 40.10 of the criminal procedure law, as such a misdemea-
  nor, felony, violation of subdivision  one  of  section  eleven  hundred
  ninety-two,  subdivision  two  of  section  eleven  hundred  ninety-two,
  section three hundred ninety-seven-a or subdivision (g) of section elev-
  en hundred eighty of this chapter, or a violation of  paragraph  (b)  of
  subdivision  four  of  section  fourteen-f or clause (b) of subparagraph
  (iii) of paragraph d of subdivision two of section one hundred forty  of
  the  transportation law, the administrative judge of the county in which
  the trial court is located, may  assign  judicial  hearing  officers  to
  conduct  such  a  trial. Such judicial hearing officers shall be village
  court justices or retired judges either of which shall have at least two
  years of experience conducting trials of traffic and parking  violations
  cases  and  shall  be admitted to practice law in this state. Where such
  assignment is made, the judicial hearing  officer  shall  entertain  the
  case in the same manner as a court and shall:

    (a) determine all questions of law;
    (b) act as the exclusive trier of all issues of fact;
    (c) render a verdict;
    (d) impose sentence; or
    (e) dispose of the case in any manner provided by law.
    4.  Judicial  hearing  officers  are  prohibited from appearing in any
  capacity other than as a judicial hearing officer in  any  part  of  the
  Nassau county OR SUFFOLK COUNTY district court on any matter relating to
  traffic  or parking violations and are further prohibited from appearing
  in any capacity other than as a judicial hearing officer  in  any  other
  court  or  administrative  tribunal on any matter relating to traffic or
  parking violations.

 S. 5634--F                          6

    S 7. Subdivision 5 of section 350.20 of the criminal procedure law, as
  added by chapter 496 of the laws of 1990, is amended to read as follows:

    5.  Notwithstanding the provisions of subdivision one of this section,
  FOR ALL PROCEEDINGS BEFORE THE  DISTRICT  COURT  OF  NASSAU  COUNTY  the
  administrative  judge  of  Nassau  county  may,  AND FOR ALL PROCEEDINGS
  BEFORE THE DISTRICT COURT OF SUFFOLK COUNTY, THE ADMINISTRATIVE JUDGE OF
  SUFFOLK COUNTY MAY, without the consent of the parties,  assign  matters
  involving  traffic  and  parking  infractions  except those described in
  paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
  three hundred seventy-one of the general municipal  law  to  a  judicial
  hearing officer [for all proceedings before the district court of Nassau
  county]  in  accordance  with  the provisions of section sixteen hundred
  ninety of the vehicle and traffic law.
    S 8. 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. Notwithstanding any inconsistent provision of law,  all  violations
  of this chapter or of a law, ordinance, order, rule or regulation relat-
  ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
  offenses, which occur within a city having a population of  two  hundred
  thousand  or more in which administrative tribunals have heretofore been
  established, [or within that portion  of  Suffolk  county  for  which  a
  district  court has been established,] and which are classified as traf-
  fic infractions, may be heard and determined pursuant to the regulations
  of the commissioner as provided in this article. 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 jurisdiction over a criminal charge
  relating to traffic or a traffic infraction, 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 9. Subdivision 3 of section  99-a  of  the  state  finance  law,  as
  amended  by  chapter  465  of  the  laws  of 1998, is amended to read as
  follows:

    3. The comptroller  is  hereby  authorized  to  implement  alternative
  procedures,  including  guidelines in conjunction therewith, relating to
  the remittance of fines, penalties, forfeitures and other moneys by town
  and village justice courts, and by the Nassau [county] AND SUFFOLK COUN-
  TIES traffic and parking violations [agency] AGENCIES,  to  the  justice
  court  fund and for the distribution of such moneys by the justice court
  fund. Notwithstanding any law to the contrary,  the  alternative  proce-
  dures utilized may include:

    a. electronic funds transfer;
    b. remittance of funds by the justice court to the chief fiscal office
  of  the  town  or  village,  or,  in the case of the Nassau [county] AND
  SUFFOLK COUNTIES traffic and parking violations  [agency]  AGENCIES,  to
  the  county  treasurer, for distribution in accordance with instructions
  by the comptroller; and/or
    c. monthly, rather than quarterly, distribution of funds.
    The comptroller may require such reporting and record keeping as he or
  she deems necessary to ensure  the  proper  distribution  of  moneys  in
  accordance  with applicable laws. A justice court or the Nassau [county]
  AND SUFFOLK COUNTIES traffic and parking  violations  [bureau]  AGENCIES
  may utilize these procedures only when permitted by the comptroller, and

 S. 5634--F                          7

  such  permission, once given, may subsequently be withdrawn by the comp-
  troller on due notice.
    S  10.  Subdivision 2 of section 99-l of the general municipal law, as
  added by chapter 261 of the laws of 1993, is amended to read as follows:

    2. The [county] COUNTIES of Nassau AND SUFFOLK shall  be  entitled  to
  receive the amounts set forth in subdivision one of this section for the
  services  of  [the  Nassau]  THEIR RESPECTIVE county traffic and parking
  violations agency.
    S 11. Notwithstanding any provision of law to the contrary no  non-ju-
  dicial  employee  of  the  Suffolk  county district court shall suffer a
  diminution of salary, employment status or rights solely by operation of
  this act provided that nothing herein shall limit the legal authority of
  the chief administrator of the courts to  supervise  the  administration
  and operation of the unified court system.
    S  12.  The  administrative  judge of Suffolk county shall issue on an
  annual basis, beginning eighteen months following the  creation  of  the
  Suffolk county traffic and parking violations agency pursuant to Suffolk
  county local law, a report detailing the progress, development and oper-
  ations of the traffic and parking violations agency. The report shall be
  provided  to  the  governor,  the temporary president of the senate, the
  speaker of the assembly, the Suffolk county executive,  the  legislature
  of  the  county  of  Suffolk,  the presiding judge of the Suffolk county
  district court and the Suffolk county district attorney.
    S 13. This act shall take effect April 1, 2013; provided, however, the
  amendments to section 370-a, subdivisions 2, 3 and 4 of section 371  and
  section 374 of the general municipal law, the article heading of article
  44-A and the section heading and subdivisions 1 and 4 of section 1690 of
  the  vehicle  and traffic law and subdivision 5 of section 350.20 of the
  criminal procedure law, as made by sections two, three, four, five,  six
  and seven of this act, respectively, shall take effect only in the event
  that the county of Suffolk shall have by local law established a traffic
  and  parking  violations  agency;  provided  that the legislature of the
  county of Suffolk shall notify the legislative bill drafting  commission
  upon  the occurrence of the enactment of the legislation provided for in
  sections two, three, four, five, six and seven of this act in order that
  the commission may maintain an accurate and timely effective  data  base
  of the official text of the laws of the state of New York in furtherance
  of  effectuating the provisions of section 44 of the legislative law and
  section 70-b of the public officers law;  provided,  however,  that  the
  amendments  to  section 371 of the general municipal law made by section
  three of this act shall not affect the expiration of  such  section  and
  shall be deemed to expire therewith; and provided that the amendments to
  subdivision  2  of  section  99-l  of  the general municipal law made by
  section ten of this act shall take effect on the same date as the rever-
  sion of subdivision 2 of section 99-l of the general  municipal  law  as
  provided in section 6 of chapter 179 of the laws of 2000, as amended.