BILL NUMBER: S8790

SPONSOR: AKSHAR
 
TITLE OF BILL:

An act directing the commissioner of motor vehicles to conduct a study
on the distribution of traffic fines

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation directs that a study be conducted to examine the
distribution of fine revenue, especially in regard to fines collected
for violations of Title VII of the Vehicle and Traffic Law, with a
particular focus on speeding violations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill directs the Commissioner of Motor Vehicles to
conduct a study in consultation with the NYS Association of Towns, the
New York Conference of Mayors and Municipal Officials, and the NYS
Magistrate's Association relating to the disposition of fines and penal-
              

ties under Section 1803 of the Vehicle and Traffic Law (VTL).  This
study will examine the fairness of the current law as it relates to the
disposition of fine revenues derived from VTL Title VII violations, with
special attention given to speeding violations under VTL Section 1180.

Section 2 of the bill requires completion of the study by the next
December 31 after enactment and a report with any recommendations for
statutory changes to be delivered to the Governor, legislative leaders,
and chairs of the Senate and Assembly Transportation Committees.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

The disposition of fines and penalties is detailed in VTL Section 1803.
As discussed in the Handbook for Town and Village Justices and Court
Clerks, issued by the State Comptroller's Office in 2010, the fines for
many Rules of the Road violations contained in Title VII of the VTL
adhere to town courts and village courts where the village has estab-
lished one. These include infractions involving traffic signals, signs,
pavement markings, and passing other vehicles, among others. One major
exception relates to speeding. The State is entitled to receive the
fines collected if the speeding violation occurs on a State-regulated
road, though not on a State parkway or within a State park. Suburban
towns and villages also receive the fine revenues collected from speed-
ing violations that occur within local speed zones but are capped at
$5.00 per capita for each year commencing on July 1. The fines collected
in excess of that cap are required to be distributed to the State.

There is a wide discrepancy in the collection and distribution of these
fine revenues, especially for speeding. Among the myriad factors that
determine the amounts adhering to towns and villages are the location of
the such municipality, whether or not it maintains a police force, and
the assiduousness with which they pursue traffic violations. This bill
is intended to examine these and any other relevant factors to determine
whether or not existing law is fair and equitable for the distribution
of such revenues.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
30 days after enactment.