S T A T E O F N E W Y O R K
________________________________________________________________________
1223
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
an independent traffic violations bureau
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title II of the vehicle and traffic law is amended by
adding a new article 3-B to read as follows:
ARTICLE 3-B
TRAFFIC VIOLATIONS BUREAU
SECTION 280. STATEMENT OF PURPOSE.
281. DEFINITIONS.
282. TRAFFIC VIOLATIONS BUREAU; ORGANIZATION.
283. FUNCTIONS, POWERS AND DUTIES.
284. ADMINISTRATIVE ADJUDICATION OF TRAFFIC VIOLATIONS.
S 280. STATEMENT OF PURPOSE. THIS ARTICLE IS ENACTED TO ESTABLISH A
TRAFFIC VIOLATIONS BUREAU INDEPENDENT FROM THE DEPARTMENT OF MOTOR VEHI-
CLES WHICH SHALL BE RESPONSIBLE FOR PROVIDING THE PUBLIC WITH A JUST
SYSTEM OF ADJUDICATING SERIOUS TRAFFIC VIOLATIONS AND OTHER ADMINISTRA-
TIVE PROCEEDINGS ARISING UNDER THE PROVISIONS OF THIS CHAPTER AND TO
ENSURE THAT THE ELEMENTS OF DUE PROCESS ARE PRESENT WITH REGARD TO SUCH
ADJUDICATIONS.
S 281. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "OFFICE" SHALL MEAN THE TRAFFIC VIOLATIONS BUREAU AS CREATED IN
SECTION TWO HUNDRED EIGHTY-TWO OF THIS ARTICLE.
2."DIRECTOR" SHALL MEAN THE DIRECTOR OF THE TRAFFIC VIOLATIONS BUREAU.
3. "ADJUDICATORY PROCEEDING" MEANS HEARINGS PURSUANT TO ARTICLE TWO-A
OF THIS TITLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03726-01-9
A. 1223 2
4. "HEARING OFFICER" MEANS A PERSON APPOINTED BY THE DIRECTOR TO
CONDUCT AND PRESIDE OVER CONTESTED ADJUDICATORY PROCEEDINGS IN ACCORD-
ANCE WITH THIS ARTICLE.
S 282. TRAFFIC VIOLATIONS BUREAU; ORGANIZATION. 1. THERE SHALL BE A
SEPARATE AND INDEPENDENT TRAFFIC VIOLATIONS BUREAU TO IMPLEMENT THE
PROVISIONS OF ARTICLE TWO-A OF THIS TITLE AND TO BE OPERATED AND ADMIN-
ISTERED AS PROVIDED IN THIS ARTICLE CONSISTENT THEREWITH. THE POWERS,
FUNCTIONS, DUTIES AND OBLIGATIONS OF THE OFFICE SHALL BE SEPARATE FROM
AND INDEPENDENT OF THE AUTHORITY OF THE COMMISSIONER OF MOTOR VEHICLES.
2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR OF THE TRAFFIC
VIOLATIONS BUREAU WHO SHALL BE APPOINTED BY THE GOVERNOR, BY AND WITH
THE ADVICE AND CONSENT OF THE SENATE, AND SHALL HOLD OFFICE UNTIL THE
END OF THE TERM OF THE APPOINTING GOVERNOR AND UNTIL A QUALIFIED SUCCES-
SOR IS APPOINTED. THE DIRECTOR SHALL RECEIVE AN ANNUAL SALARY WITHIN
THE AMOUNT APPROPRIATED THEREFOR. NO PERSON SHALL BE APPOINTED DIRECTOR
UNLESS AT THE TIME OF HIS OR HER APPOINTMENT HE OR SHE IS KNOWLEDGEABLE
ON THE SUBJECT OF ADMINISTRATIVE ADJUDICATION AND HAS BEEN ADMITTED TO
PRACTICE AS AN ATTORNEY AT LAW IN THIS STATE FOR AT LEAST TEN YEARS. THE
DIRECTOR SHALL HAVE THE IMMEDIATE CHARGE OF THE OFFICE. THE DIRECTOR MAY
APPOINT, AND AT PLEASURE REMOVE, SUCH DEPUTY DIRECTORS, ADMINISTRATIVE
LAW JUDGES, OTHER ASSISTANTS AND EMPLOYEES OF THE OFFICE AS ARE DEEMED
NECESSARY. THE DIRECTOR AND ALL OTHER OFFICERS AND EMPLOYEES OF THE
OFFICE SHALL BE PAID AND ALLOWED THEIR NECESSARY, ACTUAL AND REASONABLE
EXPENSES INCURRED IN THE EXERCISE OF THEIR DUTIES. ALL SALARIES AND
EXPENSES OF THE OFFICE SHALL BE PAID OUT OF THE STATE TREASURY ON THE
AUDIT AND WARRANT OF THE COMPTROLLER ON THE CERTIFICATE OF THE OFFICE.
THE PRINCIPAL OFFICE SHALL BE IN THE CITY OF ALBANY AND THERE SHALL BE
ONE OR MORE OFFICES IN EACH JURISDICTION AS NECESSARY TO CARRY OUT THE
PROVISIONS OF ARTICLE TWO-A OF THIS TITLE AND OTHER ADMINISTRATIVE ADJU-
DICATION RESPONSIBILITIES UNDER THIS CHAPTER.
S 283. FUNCTIONS, POWERS AND DUTIES. THE DIRECTOR SHALL HAVE THE
FOLLOWING FUNCTIONS, POWERS AND DUTIES:
1. TO ESTABLISH, CONSOLIDATE, ALTER OR ABOLISH ANY DEPARTMENTS IN THE
BUREAU AND TO APPOINT THE HEAD OF SUCH DEPARTMENTS AND FIX THEIR DUTIES;
2. SUBJECT TO THE CIVIL SERVICE LAW AND THE APPLICABLE COLLECTIVE
BARGAINING AGREEMENTS, TO APPOINT, REMOVE OR TRANSFER DEPUTIES, OFFI-
CERS, ASSISTANTS, HEARING OFFICERS, COUNSELS AND OTHER EMPLOYEES AS MAY
BE NECESSARY FOR THE EXERCISE OF POWERS AND PERFORMANCE OF THE DUTIES OF
THE BUREAU AND TO PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION
WITHIN THE AMOUNTS APPROPRIATED THEREFORE;
3. WHEN REGULARLY APPOINTED HEARING OFFICERS ARE NOT AVAILABLE, THE
DIRECTOR, PURSUANT TO THE APPLICABLE COLLECTIVE BARGAINING AGREEMENTS,
MAY CONTRACT WITH QUALIFIED INDIVIDUALS TO SERVE AS HEARING OFFICERS
PROVIDED THAT TEMPORARY HEARING OFFICERS SHALL HAVE THE SAME QUALIFICA-
TIONS FOR APPOINTMENT AS PERMANENT HEARING OFFICERS;
4. TO DEVELOP AND IMPLEMENT A PROGRAM OF EVALUATION TO AID THE DIREC-
TOR IN THE PERFORMANCE OF HIS OR HER DUTIES. THE DIRECTOR SHALL DEVELOP
STANDARDS AND PROCEDURES WHICH SHALL INCLUDE TAKING COMMENTS FROM
SELECTED LITIGANTS AND REPRESENTATIVES BEFORE A HEARING OFFICER;
PROVIDED HOWEVER THAT THE DIRECTOR'S AUTHORITY PURSUANT TO THIS SUBDIVI-
SION IS SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW AND APPLICA-
BLE COLLECTIVE BARGAINING AGREEMENTS;
5. TO THE EXTENT PERMITTED BY LAW, TO PUBLISH AND MAKE AVAILABLE TO
THE PUBLIC ALL RECOMMENDED DECISIONS RENDERED BY A HEARING OFFICER;
A. 1223 3
6. TO ADOPT, PROMULGATE, AMEND AND RESCIND RULES AND REGULATIONS TO
CARRY OUT THE PROVISIONS OF THIS ARTICLE. SUCH REGULATIONS SHALL SUPER-
SEDE ANY INCONSISTENT DEPARTMENT RULES; AND
7. TO SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY
LEADER OF THE SENATE AND THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY
AN EVALUATION OF THE EFFECTIVENESS OF THE BUREAU IN ATTAINING THE OBJEC-
TIVES OF THIS ARTICLE PREPARED BY AN INDEPENDENT ENTITY. SUCH EVALUATION
SHALL BE SUBMITTED BY NOVEMBER THIRTIETH OF THE SECOND YEAR FOLLOWING
THE EFFECTIVE DATE OF THIS SECTION AND BY SEPTEMBER FIRST EVERY TWO
YEARS THEREAFTER.
S 284. ADMINISTRATIVE ADJUDICATION OF TRAFFIC VIOLATIONS. THE BUREAU
SHALL BE VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CASES THAT MAY BE
HEARD AND DETERMINED PURSUANT TO THE PROVISIONS OF SECTION TWO HUNDRED
TWENTY-FIVE OF THIS TITLE.
S 2. Section 225 of the vehicle and traffic law, as amended by chapter
682 of the laws of 1970, subdivision 1 as amended by chapter 173 of the
laws of 1990 and subdivision 2 as amended by chapter 196 of the laws of
1972, is amended to read as follows:
S 225. Jurisdiction; transfer of cases; hearing officers; regulations.
1. Notwithstanding any inconsistent provision of law, all violations of
this chapter or of a law, ordinance, order, rule or regulation relating
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 traffic infractions, may
be heard and determined pursuant to the regulations of the [commission-
er] DIRECTOR OF THE TRAFFIC VIOLATIONS BUREAU as provided in [this]
article THREE-B OF THIS TITLE. Whenever a crime and a traffic infrac-
tion arise out of the same transaction or occurrence, a charge alleging
both offenses may be made returnable before the court having jurisdic-
tion 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.
2. Whenever [the commissioner or his deputy] THE DIRECTOR OF THE TRAF-
FIC VIOLATIONS BUREAU determines that a charge alleges an offense other
than a traffic infraction, he OR SHE shall, and where a charge cannot be
disposed of because of the non-appearance of the motorist, he OR SHE may
notify the court of appropriate jurisdiction and request removal of the
case to such court. Prior notice of such request need not be given the
motorist involved. Upon receipt of such request, the court may grant an
order transferring such case, provided that the date on which the charge
or charges must be answered before the court shall not be earlier than
the return date which appears on the complaint alleging the offense.
Notice of transfer of cases involving other than traffic infractions
shall be mailed to the motorist at the address appearing on such
complaint not less than ten days before the date of appearance indicated
on his OR HER summons and not less than fifteen days before his OR HER
scheduled appearance in such court. Notice of transfer of cases which
cannot be disposed of because of the non-appearance of the motorist
shall be mailed to the motorist at the address appearing on such
complaint not less than fifteen days before his OR HER scheduled appear-
ance in such court. Such mailing shall constitute due notice of such
A. 1223 4
transfer. Thereafter, such case shall be treated in the same manner as
if the complaint had initially been filed with such court.
3. The commissioner [shall appoint such hearing officers as shall be
necessary to hear and determine cases as provided by this article and]
may promulgate [such] regulations [as shall be necessary or desirable to
effect the purposes of this article. Such regulations may] TO provide
for a schedule of monetary penalties to be used where an answer is made,
other than before a hearing officer, admitting a charge, provided that
no such penalty shall exceed the maximum fine established by law for the
traffic infraction involved.
S 3. Codification of changes. Within nine months of the effective date
of this section, the commissioner of motor vehicles shall prepare and
submit to the governor, the temporary president and minority leader of
the senate, and the speaker and minority leader of the assembly a
proposed codification of changes in law necessary and appropriate to
carry out the purposes and provisions of article 3-B of the vehicle and
traffic law as added by section one of this act. Such changes shall
include provisions for transition of personnel and cases to the traffic
violations bureau.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; except that section
three of this act shall take effect immediately.