S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9097
 
                             I N  S E N A T E
 
                               June 16, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to state assessments  and
   teacher  evaluations;  and  to  amend  chapter 56 of the laws of 2014,
   amending the education law relating  to  providing  that  standardized
   test  scores shall not be included on a student's permanent record, in
   relation to making certain provisions permanent; to amend  the  trans-
   portation  law  and  the  highway  law,  in relation to authorizing an
   airport mass transit project at LaGuardia airport; and  providing  for
   the  repeal  of  such provisions upon expiration thereof; to amend the
   education law, in relation to the charters issued; in relation to  the
   quality  of  instruction;  to  amend the executive law, in relation to
   expanding the scope of unlawful discriminatory  practices  to  include
   public educational institutions; to amend the penal law and the crimi-
   nal  procedure  law,  in  relation  to  sealing  records  for  certain
   proceedings; to amend the vehicle and  traffic  law,  in  relation  to
   photo  speed violation monitoring systems in school speed zones in the
   city of New York; to amend chapter 43 of the laws  of  2014,  amending
   the  vehicle  and traffic law, the public officers law and the general
   municipal law relating to photo speed violation monitoring systems  in
   school  speed  zones  in  the  city of New York, in relation to making
   technical corrections thereto; to amend chapter 189  of  the  laws  of
   2013, amending the vehicle and traffic law and the public officers law
   relating to establishing in a city with a population of one million or
   more  a  demonstration program implementing speed violation monitoring
   systems in school speed zones by means of photo devices,  in  relation
   to the effectiveness thereof; to amend the vehicle and traffic law and
   the  public  officers  law, in relation to establishing in the city of
   Buffalo a demonstration program implementing speed violation  monitor-
   ing  systems  in  school  speed  zones  by means of photo devices; and
   providing for the repeal of certain provisions upon expiration  there-
   of; to amend the vehicle and traffic law, the public officers law, the
   general  municipal  law, the state finance law, and the judiciary law,
   in relation to establishing the adjudication process and owner liabil-
   ity for failure of an operator to comply  with  traffic-control  indi-
   cations  and  establishing  a traffic and parking violations agency in
   the county of Westchester;  and  providing  for  the  repeal  of  such
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16314-02-8

 S. 9097                             2
 
   provisions  upon  expiration thereof; to authorize, for certain public
   works undertaken pursuant to project  labor  agreements,  use  of  the
   alternative  delivery method known as design-build contracts; to amend
   the  criminal  procedure  law, in relation to the issuance of securing
   orders and in relation to making  conforming  changes;  and  providing
   for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3012-d of the education law is amended by adding  a
 new subdivision 16 to read as follows:
   16.  A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
 TO THE CONTRARY, THE GRADES THREE THROUGH EIGHT  ENGLISH  LANGUAGE  ARTS
 AND  MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR ADMIN-
 ISTERED TESTS SHALL NOT BE REQUIRED TO BE  UTILIZED  IN  ANY  MANNER  TO
 DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION.
   B.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROVIDING
 ALTERNATIVE ASSESSMENTS THAT MAY BE USED IN GRADES THREE  THROUGH  EIGHT
 INSTEAD  OF  ALL  OTHER STATE-CREATED OR ADMINISTERED TESTS, WHICH SHALL
 INCLUDE ALL OF THE ASSESSMENTS THAT HAVE BEEN APPROVED  BY  THE  COMMIS-
 SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS.
   C.  THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
 EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI-
 VISION FOUR OF THIS SECTION SHALL BE SUBJECT  TO  COLLECTIVE  BARGAINING
 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION
 TO  THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE
 ANY CONFLICTING PROVISIONS OF ANY  COLLECTIVE  BARGAINING  AGREEMENT  IN
 EFFECT  ON  THE  DATE  THIS SUBDIVISION TAKES EFFECT AND UNTIL THE ENTRY
 INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION  OF
 SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT
 THE  PROVISIONS  OF THIS SUBDIVISION SHALL APPLY; AND, PROVIDED FURTHER,
 HOWEVER, THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES  AND
 RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS
 SECTION  INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
 AND MATHEMATICS STATE ASSESSMENTS  UNTIL  THE  ENTRY  INTO  A  SUCCESSOR
 COLLECTIVE BARGAINING AGREEMENT.
   §  2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
 3012-d of the education law, subparagraph 1 as amended by section  3  of
 subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
 as  added by section 2 of subpart E of part EE of chapter 56 of the laws
 of 2015, are amended to read as follows:
   (1) For the first subcomponent, [(A) for a teacher whose  course  ends
 in  a state-created or administered test for which there is a state-pro-
 vided growth model, such teacher  shall  have  a  state-provided  growth
 score  based  on such model, which shall take into consideration certain
 student characteristics, as determined by  the  commissioner,  including
 but not limited to students with disabilities, poverty, English language
 learner  status  and  prior  academic  history  and which shall identify
 educators whose students' growth is well above  or  well  below  average
 compared  to  similar  students  for a teacher's or principal's students
 after the certain student characteristics above are taken into  account;
 and  (B)  for  a teacher whose course does not end in a state-created or

 S. 9097                             3

 administered test such teacher] A TEACHER shall have a student  learning
 objective  (SLO)  consistent  with  a goal-setting process determined or
 developed by the commissioner, that results in a student  growth  score;
 provided  that,  for any teacher whose course ends in a state-created or
 administered assessment [for which there  is  no  state-provided  growth
 model],  such assessment [must] MAY be used as the underlying assessment
 for such SLO;
   (2) For the optional  second  subcomponent,  a  district  may  locally
 select  a  second  measure  in  accordance  with this subparagraph. Such
 second measure shall apply in a consistent manner, to the extent practi-
 cable, across the district and be either: (A) [a  second  state-provided
 growth  score]  BASED  on  a  state-created  or administered test [under
 clause (A) of subparagraph one of this  paragraph],  or  (B)  [a  growth
 score]  based  on  a state-designed supplemental assessment[, calculated
 using a state-provided or approved growth model].  The  optional  second
 subcomponent shall provide options for multiple assessment measures that
 are  aligned  to  existing  classroom and school best practices and take
 into consideration the recommendations in the testing  reduction  report
 as  required  by  section  one  of subpart F of [the chapter] PART EE OF
 CHAPTER FIFTY-SIX of the laws of two thousand fifteen which  added  this
 section regarding the reduction of unnecessary additional testing.
   § 3. Subdivision 5 of section 3012-d of the education law, as added by
 section  2 of subpart E of part EE of chapter 56 of the laws of 2015, is
 amended to read as follows:
   5. Rating determination. The overall  rating  determination  shall  be
 determined [according to a methodology] as follows:
   a. [The following rules shall apply: a teacher or principal who is (1)
 rated  using  two  subcomponents in the student performance category and
 receives a rating of ineffective in such category shall be  rated  inef-
 fective  overall;  provided,  however,  that  if the measure used in the
 second subcomponent is a state-provided growth score on a  state-created
 or administered test pursuant to clause (A) of subparagraph one of para-
 graph  a of subdivision four of this section, a teacher or principal who
 receives a rating of ineffective in such category shall not be  eligible
 to  receive a rating of effective or highly effective overall; (2) rated
 using only the state measure subcomponent  in  the  student  performance
 category and receives a rating of ineffective in such category shall not
 be  eligible  to receive a rating of effective or highly effective over-
 all; and (3) rated ineffective  in  the  teacher  observations  category
 shall  not be eligible to receive a rating of effective or highly effec-
 tive overall.
   b. Except as otherwise provided in paragraph a of this subdivision,  a
 teacher's composite score shall be determined as follows:
   (1)]  If  a teacher receives an H in the teacher observation category,
 and an H in the student performance category,  the  teacher's  composite
 score shall be H;
   [(2)] B. If a teacher receives an H in the teacher observation catego-
 ry,  and an E in the student performance category, the teacher's compos-
 ite score shall be H;
   [(3)] C. If a teacher receives an H in the teacher observation catego-
 ry, and a D in the student performance category, the teacher's composite
 score shall be E;
   [(4)] D. If a teacher receives an H in the teacher observation catego-
 ry, and an I in the student performance category, the teacher's  compos-
 ite score shall be D;

 S. 9097                             4

   [(5)] E. If a teacher receives an E in the teacher observation catego-
 ry,  and an H in the student performance category, the teacher's compos-
 ite score shall be H;
   [(6)] F. If a teacher receives an E in the teacher observation catego-
 ry,  and an E in the student performance category, the teacher's compos-
 ite score shall be E;
   [(7)] G. If a teacher receives an E in the teacher observation catego-
 ry, and a D in the student performance category, the teacher's composite
 score shall be E;
   [(8)] H. If a teacher receives an E in the teacher observation catego-
 ry, and an I in the student performance category, the teacher's  compos-
 ite score shall be D;
   [(9)]  I. If a teacher receives a D in the teacher observation catego-
 ry, and an H in the student performance category, the teacher's  compos-
 ite score shall be E;
   [(10)] J. If a teacher receives a D in the teacher observation catego-
 ry,  and an E in the student performance category, the teacher's compos-
 ite score shall be E;
   [(11)] K. If a teacher receives a D in the teacher observation catego-
 ry, and a D in the student performance category, the teacher's composite
 score shall be D;
   [(12)] L. If a teacher receives a D in the teacher observation catego-
 ry, and an I in the student performance category, the teacher's  compos-
 ite score shall be I;
   [(13)]  M. If a teacher receives an I in the teacher observation cate-
 gory, and an H  in  the  student  performance  category,  the  teacher's
 composite score shall be D;
   [(14)]  N. If a teacher receives an I in the teacher observation cate-
 gory, and an E  in  the  student  performance  category,  the  teacher's
 composite score shall be D;
   [(15)]  O. If a teacher receives an I in the teacher observation cate-
 gory, and a D in the student performance category, the teacher's compos-
 ite score shall be I;
   [(16)] P. If a teacher receives an I in the teacher observation  cate-
 gory,  and  an  I  in  the  student  performance category, the teacher's
 composite score shall be I.
   § 4. Subdivision 7 of section 3012-d of the education law, as added by
 section 2 of subpart E of part EE of chapter 56 of the laws of 2015,  is
 amended to read as follows:
   7. The commissioner shall ensure that the process by which weights and
 scoring ranges are assigned to subcomponents and categories is transpar-
 ent  and  available  to  those  being rated before the beginning of each
 school year. Such process must ensure that it is possible for a  teacher
 or  principal  to  obtain any number of points in the applicable scoring
 ranges,  including  zero,  in  each  subcomponent.  The  superintendent,
 district  superintendent  or  chancellor  and  the representative of the
 collective bargaining unit (where  one  exists)  shall  certify  in  the
 district's  plan that the evaluation process shall use the standards for
 the scoring ranges provided by the commissioner.    [Provided,  however,
 that in any event, the following rules shall apply: a teacher or princi-
 pal who is:
   a.  rated  using two subcomponents in the student performance category
 and receives a rating of ineffective in such  category  shall  be  rated
 ineffective  overall,  except  that  if  the  measure used in the second
 subcomponent is a second state-provided growth score on a state-adminis-
 tered or sponsored test pursuant to clause (A) of  subparagraph  one  of

 S. 9097                             5

 paragraph  a of subdivision four of this section, a teacher or principal
 that receives a rating of ineffective in  such  category  shall  not  be
 eligible to receive a rating of effective or highly effective overall;
   b.  rated  using  only  the  state measure subcomponent in the student
 performance category and receives a rating of ineffective in such  cate-
 gory  shall  not  be eligible to receive a rating of effective or highly
 effective overall; and
   c. rated ineffective in the observations category shall not be  eligi-
 ble to receive a rating of effective or highly effective overall.]
   §  5.  Subdivision 10 of section 3012-d of the education law, as added
 by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
 is amended to read as follows:
   10.  The  local  collective  bargaining representative shall negotiate
 with the district:
   a. whether to use a second measure, and, in the event  that  a  second
 measure  is  used, which measure to use, pursuant to subparagraph two of
 paragraph a of subdivision four of this section [and];
   b. how to implement the provisions of paragraph b of subdivision  four
 of  this  section,  and  associated  regulations  as  established by the
 commissioner, in accordance with article fourteen of the  civil  service
 law; AND
   C.  THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
 EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A
 AND B OF SUBDIVISION SIXTEEN OF THIS SECTION.
   § 6. Section 2 of subpart B of part AA of chapter 56 of  the  laws  of
 2014  amending the education law relating to providing that standardized
 test scores shall not be included on a student's  permanent  record,  as
 amended  by section 35 of part CCC of chapter 59 of the laws of 2018, is
 amended to read as follows:
   § 2. This act shall take effect immediately [and shall expire  and  be
 deemed repealed on December 31, 2019].
   §  7.  Legislative findings. LaGuardia airport is a pillar of New York
 state's transportation network and  a  key  driver  of  economic  growth
 throughout the state and the country. However, LaGuardia airport remains
 the only major regional airport without a direct rail link.  The lack of
 public  transit  options  forces  passengers  to rely heavily on private
 cars, for-hire-vehicles and taxis to reach the airport,  which  in  turn
 results  in  higher levels of regional traffic congestion, unpredictable
 travel time to LaGuardia airport  and  potential  adverse  environmental
 effects.  To support this important airport access mass transit project,
 this act would authorize the acquisition of property interests necessary
 for the landing of guideway support  columns  and  siting  of  ancillary
 facilities  for airport access mass transit equipment maintenance, park-
 ing for persons using the airport access mass transit facility and addi-
 tional limited purposes directly related to the operation of an  airport
 access  mass  transit project, temporary laydown and construction areas,
 and air rights related to an elevated guideway and related  entry,  exit
 and crossing points for pedestrians and vehicles, and utilization by the
 New  York state department of transportation or the transfer to the Port
 Authority of New York and New  Jersey  and  certain  other  parties,  in
 either  case to permit construction, use, occupancy, operation and main-
 tenance of the airport access mass transit facility;  provided  however,
 this  legislation  does  not authorize acquisition of property interests
 for a self-standing facility constructed to house premises  for  automo-
 bile  rental operations. The legislature finds and declares that it is a
 substantial state concern, with an impact well beyond a  single  munici-

 S. 9097                             6
 
 pality,  to ensure access to safe and reliable mass transit to LaGuardia
 airport, a major transportation hub relied upon by people throughout the
 state.
   §  8.  Subdivision  1  of  section  14-d  of the transportation law is
 amended by adding a new paragraph d to read as follows:
   D. TO ACQUIRE BY EMINENT DOMAIN, PURSUANT TO THE EMINENT DOMAIN PROCE-
 DURE LAW AND SECTION THIRTY OF THE HIGHWAY LAW, ANY  PROPERTY,  PROPERTY
 RIGHTS  OR  PROPERTY  INTERESTS,  INCLUDING  EASEMENTS,  AIR  RIGHTS AND
 SUBSURFACE RIGHTS, WHETHER OR NOT NOW OR PREVIOUSLY DESIGNATED AS  PARK-
 LAND,  OR  OTHERWISE DEDICATED TO A PUBLIC USE AS PARKLAND, (HEREINAFTER
 "PROPERTY INTERESTS"), AND, PROVIDED WITH RESPECT TO REAL  PROPERTY  NOW
 OR  PREVIOUSLY  DESIGNATED AS PARKLAND, JUST COMPENSATION THEREFOR SHALL
 BE CALCULATED AS AN AMOUNT EQUAL TO THE APPRAISED FAIR MARKET  VALUE  OF
 THE PARKLAND BEING DISCONTINUED, AND FURTHER PROVIDED ONLY TO THE EXTENT
 THAT  SUCH PROPERTY INTERESTS ARE, IN THE JUDGEMENT OF THE COMMISSIONER,
 NECESSARY FOR THE CONSTRUCTION, USE, OCCUPANCY, OPERATION,  AND  MAINTE-
 NANCE  OF  AN AIRPORT ACCESS MASS TRANSIT FACILITY FOR LAGUARDIA AIRPORT
 VIA ELEVATED GUIDEWAY, AND  RELATED  ANCILLARY  FACILITIES  FOR  AIRPORT
 ACCESS  MASS  TRANSIT MAINTENANCE, PARKING FOR PERSONS USING THE AIRPORT
 ACCESS MASS TRANSIT FACILITY AND ADDITIONAL  LIMITED  PURPOSES  DIRECTLY
 RELATED  TO  OPERATION OF AN AIRPORT ACCESS MASS TRANSIT PROJECT, TEMPO-
 RARY LAYDOWN AND CONSTRUCTION  AREAS,  AND  AIR  RIGHTS  AND  SUBSURFACE
 RIGHTS  RELATED TO AN ELEVATED GUIDEWAY, INCLUDING APPROPRIATE ENTRY AND
 EXIT POINTS FOR USERS OF THE AIRPORT ACCESS MASS  TRANSIT  FACILITY  AND
 ANY PROPERTY INTERESTS NECESSARY FOR AN ADJUSTMENT OF THE PIERS SUPPORT-
 ING  THE  PEDESTRIAN BRIDGES CROSSING THE GRAND CENTRAL PARKWAY TO MAIN-
 TAIN ACCESSIBILITY, AND ANY VEHICLE ENTRY AND EXIT POINTS TO  THE  GRAND
 CENTRAL  PARKWAY LOCATED ALONG EITHER SIDE OF THE CORRIDOR, IN ALL CASES
 RUNNING ALONG A ROUTE FROM  LAGUARDIA  AIRPORT  ON  OR  NEAR  THE  GRAND
 CENTRAL  PARKWAY,  THENCE  ALONG  THE EDGE OF THE CITI FIELD PARKING LOT
 PREVIOUSLY ALIENATED  FOR  STADIUM  USE,  NEXT  ALONGSIDE  THE  EXISTING
 ELEVATED TRACK FOR THE NO. 7 SUBWAY AND TERMINATING AT SUBWAY RAIL YARDS
 AND  OTHER  TRANSPORTATION  STAGING  AND STORAGE AREAS WITHIN A CORRIDOR
 MORE SPECIFICALLY DEFINED PURSUANT TO SECTION THREE HUNDRED FORTY-NINE-G
 OF THE HIGHWAY LAW; AND TO UTILIZE, OR SELL, LEASE, CONTRACT, OR  OTHER-
 WISE  TRANSFER  THE  ACQUIRED  PROPERTY INTERESTS TOGETHER WITH PROPERTY
 INTERESTS IT OTHERWISE HOLDS AND/OR GRANT EASEMENTS, LICENSES,  PERMITS,
 CONCESSIONS  OR  OTHER AUTHORIZATIONS, TO THE PORT AUTHORITY OF NEW YORK
 AND NEW JERSEY  TO  FACILITATE  THE  CONSTRUCTION  (INCLUDING  TEMPORARY
 LAYDOWN),  AND  PERMANENT  USE, OCCUPANCY, OPERATION, AND MAINTENANCE OF
 THE AIRPORT ACCESS MASS TRANSIT FACILITY, RELATED  ANCILLARY  FACILITIES
 FOR  AIRPORT  ACCESS MASS TRANSIT MAINTENANCE, PARKING FOR PERSONS USING
 THE AIRPORT ACCESS MASS TRANSIT FACILITY AND ADDITIONAL LIMITED PURPOSES
 DIRECTLY RELATED TO OPERATION OF AN AIRPORT ACCESS MASS TRANSIT PROJECT;
 PROVIDED HOWEVER, THIS SUBDIVISION DOES  NOT  AUTHORIZE  ACQUISITION  OF
 PROPERTY  INTERESTS  FOR  A  SELF-STANDING FACILITY CONSTRUCTED TO HOUSE
 PREMISES FOR AUTOMOBILE RENTAL OPERATIONS.
   § 9. The highway law is amended by adding a new section 349-g to  read
 as follows:
   §  349-G.  AIRPORT  ACCESS  MASS  TRANSIT FOR LAGUARDIA AIRPORT.   (A)
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL, CHARTER OR
 LOCAL, AND CONSISTENT WITH SECTION FOURTEEN-D OF THE TRANSPORTATION LAW,
 IF A PROPERTY ACQUISITION PURSUANT TO THIS  SECTION  OCCURS  BY  EMINENT
 DOMAIN,  THE  COMMISSIONER OF TRANSPORTATION SHALL HAVE THE AUTHORITY TO
 ACQUIRE ANY PROPERTY, PROPERTY RIGHTS, OR PROPERTY INTERESTS,  INCLUDING
 EASEMENTS, AIR RIGHTS AND SUBSURFACE RIGHTS WHETHER OR NOT NOW OR PREVI-

 S. 9097                             7
 
 OUSLY  DESIGNATED  AS PARKLAND OR OTHERWISE DEDICATED TO A PUBLIC USE AS
 PARKLAND (HEREINAFTER REFERRED TO AS "PROPERTY INTERESTS"), BUT ONLY  TO
 THE  EXTENT  THAT  SUCH  PROPERTY  INTERESTS ARE, IN THE JUDGMENT OF THE
 COMMISSIONER, NECESSARY FOR THE CONSTRUCTION, USE, OCCUPANCY, OPERATION,
 AND  MAINTENANCE  OF  AN  AIRPORT  ACCESS  MASS  TRANSIT FACILITY VIA AN
 ELEVATED GUIDEWAY FOR LAGUARDIA AIRPORT AND RELATED ANCILLARY FACILITIES
 FOR AIRPORT ACCESS MASS TRANSIT MAINTENANCE, PARKING FOR  PERSONS  USING
 THE AIRPORT ACCESS MASS TRANSIT FACILITY AND ADDITIONAL LIMITED PURPOSES
 DIRECTLY  RELATED TO OPERATION OF AN AIRPORT ACCESS MASS TRANSIT PROJECT
 AND ADDITIONAL LIMITED PURPOSES DIRECTLY RELATED TO THE OPERATION OF  AN
 AIRPORT  ACCESS MASS TRANSIT PROJECT, TEMPORARY LAYDOWN AND CONSTRUCTION
 AREAS AND AIR RIGHTS AND SUBSURFACE RIGHTS RELATED TO AN ELEVATED GUIDE-
 WAY, INCLUDING APPROPRIATE ENTRY  AND  EXIT  POINTS  FOR  USERS  OF  THE
 AIRPORT  ACCESS  MASS TRANSIT FACILITY AND ANY PROPERTY INTERESTS NECES-
 SARY FOR AN ADJUSTMENT OF THE PIERS SUPPORTING  THE  PEDESTRIAN  BRIDGES
 CROSSING  THE  GRAND  CENTRAL PARKWAY TO MAINTAIN ACCESSIBILITY, AND ANY
 VEHICLE ENTRY AND EXIT POINTS TO THE GRAND CENTRAL PARKWAY LOCATED ALONG
 EITHER SIDE OF THE  CORRIDOR,  RUNNING  ALONG  A  ROUTE  FROM  LAGUARDIA
 AIRPORT  ON  OR NEAR THE GRAND CENTRAL PARKWAY, THENCE ALONG THE EDGE OF
 THE CITI FIELD PARKING LOT PREVIOUSLY ALIENATED FOR  STADIUM  USE,  NEXT
 ALONGSIDE THE EXISTING ELEVATED TRACK FOR THE NO. 7 SUBWAY AND TERMINAT-
 ING  AT  SUBWAY  RAIL YARDS AND OTHER TRANSPORTATION STAGING AND STORAGE
 AREAS WITHIN A CORRIDOR MORE SPECIFICALLY DEFINED PURSUANT  TO  SUBDIVI-
 SION  (B)  OF  THIS SECTION; AND TO UTILIZE OR SELL, LEASE, CONTRACT, OR
 OTHERWISE TRANSFER THE ACQUIRED PROPERTY INTERESTS TOGETHER WITH PROPER-
 TY INTERESTS THE COMMISSIONER OTHERWISE HOLDS  AND/OR  GRANT  EASEMENTS,
 LICENSES,  PERMITS,  CONCESSIONS  OR  OTHER  AUTHORIZATIONS, TO THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY,  TO  FACILITATE  THE  CONSTRUCTION
 (INCLUDING  TEMPORARY LAYDOWN), AND PERMANENT USE, OCCUPANCY, OPERATION,
 AND MAINTENANCE OF THE AIRPORT ACCESS MASS TRANSIT FACILITY AND  RELATED
 ANCILLARY FACILITIES FOR AIRPORT ACCESS TRANSIT MAINTENANCE, PARKING FOR
 PERSONS USING THE AIRPORT ACCESS TRANSIT FACILITY AND ADDITIONAL LIMITED
 PURPOSES DIRECTLY RELATED TO OPERATION OF AN AIRPORT ACCESS MASS TRANSIT
 PROJECT,  AND  ADDITIONAL LIMITED PURPOSES DIRECTLY RELATED TO OPERATION
 OF AN AIRPORT ACCESS MASS TRANSIT PROJECT  INCLUDING  APPROPRIATE  ENTRY
 AND  EXIT POINTS FOR USERS OF THE MASS TRANSIT FACILITY AND ANY PROPERTY
 INTERESTS NECESSARY FOR AN ADJUSTMENT OF THE PIERS SUPPORTING THE PEDES-
 TRIAN BRIDGES CROSSING THE GRAND CENTRAL PARKWAY TO MAINTAIN ACCESSIBIL-
 ITY, AND ANY VEHICLE ENTRY AND EXIT POINTS TO THE GRAND CENTRAL  PARKWAY
 LOCATED ALONG EITHER SIDE OF THE CORRIDOR, AND TEMPORARY USE FOR LAYDOWN
 AND  CONSTRUCTION  PURPOSES;  PROVIDED  HOWEVER,  THIS  SECTION DOES NOT
 AUTHORIZE ACQUISITION OF PROPERTY INTERESTS FOR A SELF-STANDING FACILITY
 CONSTRUCTED TO HOUSE PREMISES FOR AUTOMOBILE RENTAL OPERATIONS.
   (B) THE CORRIDOR DEFINED IN SUBDIVISION (A) OF THIS SECTION, WHERE THE
 ACQUISITION OF SUCH PROPERTY, PROPERTY  RIGHTS,  OR  PROPERTY  INTERESTS
 REFERRED TO IN THIS SECTION MAY OCCUR, IS MORE PARTICULARLY DESCRIBED AS
 FOLLOWS:
   (I)  THE  FOLLOWING PARCELS SHALL BE INCLUDED WITHIN A CORRIDOR WITHIN
 WHICH ACQUISITION OF PERMANENT PROPERTY INTERESTS MAY  BE  ACQUIRED  FOR
 PURPOSES  OF  THIS SECTION AND PARAGRAPH D OF SUBDIVISION ONE OF SECTION
 FOURTEEN-D OF THE TRANSPORTATION LAW:
 (A) PARCEL A
 ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED  IN  THE  BOROUGH  OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 TRACT 1 - GRAND CENTRAL PARKWAY

 S. 9097                             8

 BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF DITMARS BOULE-
 VARD  AT THE SOUTHWEST CORNER OF TAX MAP LOT 50 BLOCK 1641, THENCE ALONG
 A LINE NORTH 15°-10'-31" EAST, A DISTANCE OF 493.53' TO A  POINT  WITHIN
 THE  WESTERLY  LINE  OF  TAX MAP LOT 1 BLOCK 926, AND FROM SAID POINT OF
 BEGINNING RUNNING THENCE:
   1.  WITHIN  THE  WESTBOUND  LANES  OF  THE GRAND CENTRAL PARKWAY SOUTH
 07°-53'-31" EAST, A DISTANCE OF 114.46' TO A POINT WITHIN THE  WESTBOUND
 LANES OF THE GRAND CENTRAL PARKWAY
   2.  WITHIN  THE  WESTBOUND  LANES  OF  THE GRAND CENTRAL PARKWAY SOUTH
 39°-25'-56" EAST, A DISTANCE OF 338.44' TO  A  POINT  IN  THE  WESTBOUND
 LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   3.  WITHIN  SAID  LANDS  THE  FOLLOWING SIX COURSES; SOUTH 34°-46'-30"
 EAST, A DISTANCE OF 596.00' TO A POINT IN THE  WESTBOUND  LANES  OF  THE
 GRAND CENTRAL PARKWAY, THENCE;
   4.  SOUTH  32°-52'-42"  EAST,  A DISTANCE OF 284.58' TO A POINT IN THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   5. SOUTH 31°-22'-20" EAST, A DISTANCE OF 270.24' TO  A  POINT  IN  THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   6.  SOUTH  31°-20'-42"  EAST,  A DISTANCE OF 561.27' TO A POINT IN THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   7. SOUTH 31°-24'-15" EAST, A DISTANCE OF 479.68' TO  A  POINT  IN  THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   8.  SOUTH  34°-12'-57"  EAST,  A DISTANCE OF 122.82' TO A POINT IN THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   9. WITHIN SAID LANDS AND THROUGH THE  WESTBOUND  LANES  OF  THE  GRAND
 CENTRAL  PARKWAY SOUTH 47°-22'-46" WEST, A DISTANCE OF 81.54' TO A POINT
 IN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   10. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
 TO THE LEFT, HAVING A RADIUS OF 1795.88', AN ARC LENGTH  OF  814.04',  A
 CENTRAL  ANGLE  OF  25°-58'-16", AND WHOSE CHORD BEARS SOUTH 49°-41'-11"
 EAST, A DISTANCE OF 807.08' TO A POINT IN THE  EASTBOUND  LANES  OF  THE
 GRAND CENTRAL PARKWAY, THENCE;
   11. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
 TO  THE  RIGHT, HAVING A RADIUS OF 4175.45', AN ARC LENGTH OF 369.28', A
 CENTRAL ANGLE OF 05°-04'-02", AND WHOSE CHORD  BEARS  SOUTH  60°-46'-11"
 EAST,  A  DISTANCE  OF  369.16' TO A POINT IN THE EASTBOUND LANES OF THE
 GRAND CENTRAL PARKWAY, THENCE;
   12. THROUGH THE WESTBOUND LANES OF GRAND CENTRAL PARKWAY AND WATERS OF
 FLUSHING BAY NORTH 18°-38'-40" EAST, A DISTANCE OF 1016.75' TO  A  POINT
 IN THE WATERS OF FLUSHING BAY, THENCE;
   13.  WITHIN  THE  WATERS  OF  FLUSHING  BAY  NORTH 45°-38'-00" WEST, A
 DISTANCE OF 2406.73' TO A POINT IN THE WATERS OF FLUSHING BAY SAID POINT
 ALSO BEING IN THE SOUTHERLY LINE OF TAX MAP LOT 1 BLOCK 926, THENCE;
   14. ALONG THE SOUTHERLY  LINE  OF  TAX  MAP  LOT  1  BLOCK  926  SOUTH
 40°-14'-47"  WEST, A DISTANCE OF 458.89' TO A POINT IN THE WESTERLY LINE
 OF TAX MAP LOT 1 BLOCK 926, THENCE;
   15. ALONG THE  WESTERLY  LINE  OF  TAX  MAP  LOT  1  BLOCK  926  NORTH
 39°-47'-03"  WEST, A DISTANCE OF 685.00' TO A POINT IN THE WESTERLY LINE
 OF TAX MAP LOT 1 BLOCK 926, THENCE;
   16. ALONG THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926 ON A  CURVE  TO
 THE  LEFT,  HAVING  A  RADIUS  OF  9711.30', AN ARC LENGTH OF 342.94', A
 CENTRAL ANGLE OF 02°-01'-24", AND WHOSE CHORD  BEARS  NORTH  40°-47'-45"
 WEST,  A  DISTANCE OF 342.93' TO A POINT IN THE WESTERLY LINE OF TAX MAP
 LOT 1 BLOCK 926 ALSO THE POINT AND PLACE OF BEGINNING AND  CONTAINING  A
 CALCULATED AREAS OF 2,388,737.04 SF OR 54.837 ACRES.
 (B) PARCEL B

 S. 9097                             9
 
 ALL  THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE GRAND CENTRAL
 PARKWAY, BOROUGH OF QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED  AS
 FOLLOWS:
 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
 WAY  LINE  OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE OF ROOSE-
 VELT AVENUE, THENCE ALONG A LINE NORTH 23°-03'-48" EAST, A  DISTANCE  OF
 575.33'  TO  A  POINT  WITHIN  THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
 1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
   1. THROUGH THE WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
 TO THE RIGHT, HAVING A RADIUS OF 1200', AN  ARC  LENGTH  OF  472.65',  A
 CENTRAL  ANGLE  OF  22°-34'-02", AND WHOSE CHORD BEARS NORTH 46°-30'-24"
 WEST, A DISTANCE OF 469.60' TO A  POINT  IN  THE  MEDIAN  OF  THE  GRAND
 CENTRAL PARKWAY, THENCE;
   2.  WITHIN  SAID  LANDS THE FOLLOWING THREE COURSES, NORTH 07°-32'-34"
 WEST, A DISTANCE OF 806.64' TO A  POINT  IN  THE  MEDIAN  OF  THE  GRAND
 CENTRAL PARKWAY, THENCE;
   3.  ON  A CURVE TO THE LEFT, HAVING A RADIUS OF 956.60', AN ARC LENGTH
 OF 1069.45', A CENTRAL ANGLE OF 64°-03'-18", AND WHOSE CHORD BEARS NORTH
 33°-04'-05" WEST, A DISTANCE OF 1014.62' TO A POINT IN THE MEDIAN OF THE
 GRAND CENTRAL PARKWAY, THENCE;
   4. NORTH 61°-01'-46" WEST, A DISTANCE OF 279.45' TO  A  POINT  IN  THE
 MEDIAN  OF THE GRAND CENTRAL PARKWAY, SAID POINT ALSO BEING THE EASTERLY
 LINE OF LANDS OWNED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION,
 THENCE;
   5. ALONG THE EASTERLY LINE OF SAME, NORTH 18°-38'-40" EAST, A DISTANCE
 OF 1016.75' TO A POINT IN THE WATERS OF FLUSHING BAY, THENCE;
   6.  WITHIN  THE  WATERS  OF  FLUSHING  BAY  SOUTH  45°-38'-00" EAST, A
 DISTANCE OF 1092.05' TO A POINT IN THE  WATERS  OF  FLUSHING  BAY,  SAID
 POINT ALSO BEING THE WESTERLY LINE OF TAX MAP LOT 65 BLOCK 789, THENCE;
   7.  ALONG THE WESTERLY LINE OF SAME SOUTH 05°-02'-52" EAST, A DISTANCE
 OF 456.35' TO A POINT IN THE WESTERLY LINE OF TAX MAP LOT 65 BLOCK  789,
 THENCE;
   8. WITHIN THE GRAND CENTRAL PARKWAY SOUTH 04°-53'-32" WEST, A DISTANCE
 OF  1348.61'  TO  A  POINT  IN  THE MEDIAN OF THE GRAND CENTRAL PARKWAY,
 THENCE;
   9. THROUGH THE WESTBOUND LANES OF  THE  GRAND  CENTRAL  PARKWAY  SOUTH
 28°-11'-29"  EAST,  A DISTANCE OF 427.88' TO A POINT WITHIN THE WESTERLY
 LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
   10. ALONG THE  WESTERLY  LINE  OF  SAME,  SOUTH  05°-00'-28"  EAST,  A
 DISTANCE  OF 133.39 TO THE POINT AND PLACE OF BEGINNING AND CONTAINING A
 CALCULATED AREAS OF 1,375,044.58 SF OR 31.566 ACRES.
 (C) PARCEL C
 ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED  IN  THE  BOROUGH  OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
 WAY  LINE  OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE OF ROOSE-
 VELT AVENUE, THENCE ALONG A LINE NORTH 23°-03'-48" EAST, A  DISTANCE  OF
 575.33'  TO  A  POINT  WITHIN  THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
 1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
   1. ALONG THE WESTERLY LINE OF SAME, NORTH 05°-00'-28" WEST, A DISTANCE
 OF 133.39 TO A POINT WITHIN THE WESTERLY LINE OF TAX MAP  LOT  20  BLOCK
 1787, THENCE;
   2.  WITHIN  TAX  MAP  LOT  20  BLOCK  1787,  SOUTH 59°-56'-38" EAST, A
 DISTANCE OF 584.20' TO A POINT IN LOT 20 BLOCK 1787, THENCE;

 S. 9097                            10

   3. THROUGH TAX MAP LOT 20  BLOCK  1787  AND  ROOSEVELT  AVENUE,  SOUTH
 86°-10'-42"  EAST,  A DISTANCE OF 420.78' TO A POINT IN TAX MAP LOT 1500
 BLOCK 2018, THENCE;
   4. WITHIN SAID LANDS, NORTH 68°-23'-55" EAST, A DISTANCE OF 607.27' TO
 A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
   5.  WITHIN SAID LANDS, NORTH 21°-35'-11" WEST, A DISTANCE OF 16.75' TO
 A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
   6. ALONG THE  SOUTHERLY  LINE  OF  SAME,  NORTH  68°-25'-28"  EAST,  A
 DISTANCE  OF 1025.26' TO A POINT FORMED BY THE INTERSECTION OF THE EAST-
 ERLY RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY  RIGHT  OF  WAY
 LINE OF ROOSEVELT AVENUE, THENCE;
   7.  ALONG  THE  EASTERLY  RIGHT  OF  WAY  LINE  OF 126TH STREET, SOUTH
 21°-35'-11" EAST, A DISTANCE OF 259.05' TO A POINT IN THE EASTERLY RIGHT
 OF WAY LINE OF 126TH STREET, THENCE;
   8. ALONG THE NORTHERLY LINE OF TAX MAP  LOT  1000  BLOCK  2018,  SOUTH
 68°-25'-28" WEST, A DISTANCE OF 610.51' TO A POINT IN THE NORTHERLY LINE
 OF TAX MAP LOT 1000 BLOCK 2018, THENCE;
   9.  ALONG  THE  NORTHERLY  LINE  OF  SAME,  SOUTH  68°-30'-37" WEST, A
 DISTANCE OF 230.61' TO A POINT IN THE NORTHERLY LINE OF TAX MAP LOT 1000
 BLOCK 2018, THENCE;
   10. WITHIN TAX MAP LOT 1500 BLOCK  2018,  NORTH  72°-41'-52"  WEST,  A
 DISTANCE OF 207.77' TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
   11.  WITHIN  TAX  MAP  LOT  1500 BLOCK 2018, SOUTH 68°-23'-55" WEST, A
 DISTANCE OF 917.78' TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
   12. THROUGH TAX MAP LOT 1500 BLOCK 2018 AND ROOSEVELT AVENUE  AND  TAX
 MAP  LOT 20 BLOCK 1787, NORTH 59°-56'-38" WEST, A DISTANCE OF 793.76' TO
 THE POINT AND PLACE OF BEGINNING AND CONTAINING A  CALCULATED  AREAS  OF
 458,276.64 SF OR 10.520 ACRES.
 (D) PARCEL D
 ALL  THAT  CERTAIN  TRACTS  OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE  INTERSECTION  OF
 THE  EASTERLY  RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT
 OF WAY LINE OF ROOSEVELT  AVENUE,  AND  FROM  SAID  POINT  OF  BEGINNING
 RUNNING THENCE:
   1.  ALONG  THE  SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, NORTH
 68°-30'-18" EAST, A DISTANCE OF 420.90' TO  A  POINT  IN  THE  SOUTHERLY
 RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
   2.  ALONG  THE  SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, NORTH
 62°-00'-28" EAST, A DISTANCE OF 263.59' TO  A  POINT  IN  THE  SOUTHERLY
 RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
   3.  WITHIN  TAX  MAP  LOT  300  BLOCK  2018  SOUTH 21°-35'-11" EAST, A
 DISTANCE OF 244.87' TO A POINT IN LOT 300 BLOCK 2018, THENCE;
   4. THROUGH TAX MAP LOT 300 BLOCK 2018 AND TAX MAP LOT  75  BLOCK  2018
 SOUTH 68°-30'-18" WEST, A DISTANCE OF 682.85' TO A POINT IN THE EASTERLY
 RIGHT OF WAY LINE OF 126TH STREET, THENCE;
   5.  ALONG  THE  EASTERLY  RIGHT  OF  WAY  LINE  OF 126TH STREET, NORTH
 21°-35'-11" WEST, A DISTANCE OF 215.05' TO A POINT IN THE EASTERLY RIGHT
 OF WAY LINE OF 126TH STREET TO THE POINT  AND  PLACE  OF  BEGINNING  AND
 CONTAINING A CALCULATED AREAS OF 150,750.81 SF OR 3.46 ACRES.
 (E) PARCEL E
 ALL  THAT  CERTAIN  TRACTS  OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE  INTERSECTION  OF
 THE  WESTERLY  RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT
 OF WAY LINE OF ROOSEVELT AVENUE, THENCE ALONG THE WESTERLY RIGHT OF  WAY

 S. 9097                            11
 
 LINE  OF 126TH STREET SOUTH 21°-35'-11" EAST, A DISTANCE OF 259.05' TO A
 POINT WITHIN THE NORTHERLY LINE OF TAX MAP LOT 1000 BLOCK  2018,  THENCE
 ALONG  THE  NORTHERLY  LINE  OF  TAX  MAP  LOT  1000  BLOCK  2018  SOUTH
 68°-25'-28"  WEST, A DISTANCE OF 610.51' TO A POINT WITHIN THE NORTHERLY
 LINE OF LOT 1000 BLOCK 2018, AND FROM SAID POINT  OF  BEGINNING  RUNNING
 THENCE:
   1.  WITHIN  TAX  MAP  LOT  1000  BLOCK 2018, SOUTH 05°-44'-59" WEST, A
 DISTANCE OF 37.85' TO A POINT IN TAX MAP LOT 1000 BLOCK 2018, THENCE;
   2. WITHIN SAID LANDS THE  FOLLOWING  TWO  COURSES,  SOUTH  21°-02'-11"
 EAST,  A  DISTANCE  OF 96.44' TO A POINT IN TAX MAP LOT 1000 BLOCK 2018,
 THENCE;
   3. SOUTH 47°-44'-48" EAST, A DISTANCE OF 127.09' TO A POINT IN TAX MAP
 LOT 1000 BLOCK 2018, THENCE;
   4. THROUGH TAX MAP LOT 1000 BLOCK 2018 AND TAX MAP LOT 350R BLOCK 2018
 SOUTH 38°-51'-17" EAST, A DISTANCE OF 330.15' TO A POINT IN THE NORTHER-
 LY LINE OF TAX MAP LOT 300R BLOCK 2018, THENCE;
   5. ALONG THE NORTHERLY LINE OF TAX  MAP  LOT  300R  BLOCK  2018  SOUTH
 65°-11'-49" WEST, A DISTANCE OF 182.95' TO A POINT IN THE NORTHERLY LINE
 OF TAX MAP LOT 300R BLOCK 2018, THENCE;
   6. THROUGH TAX MAP LOT 350R BLOCK 2018 AND TAX MAP LOT 1000 BLOCK 2018
 NORTH  38°-51'-17" WEST, A DISTANCE OF 556.87' TO A POINT WITHIN TAX MAP
 LOT 1000 BLOCK 2018, THENCE;
   7. WITHIN TAX MAP LOT  1000  BLOCK  2018  NORTH  47°-13'-34"  WEST,  A
 DISTANCE  OF  42.46'  TO A POINT ALONG THE SOUTHERLY LINE OF TAX MAP LOT
 1500 BLOCK 2018, THENCE;
   8. ALONG THE SOUTHERLY LINE OF TAX  MAP  LOT  1500  BLOCK  2018  NORTH
 68°-30'-37" EAST, A DISTANCE OF 230.61' TO THE POINT AND PLACE OF BEGIN-
 NING AND CONTAINING A CALCULATED AREAS OF 104,235.19 SF OR 2.392 ACRES.
   (II)  THE FOLLOWING PARCELS SHALL BE INCLUDED WITHIN A CORRIDOR WITHIN
 WHICH ACQUISITION OF TEMPORARY PROPERTY INTERESTS MAY  BE  ACQUIRED  FOR
 PURPOSES  OF  THIS SECTION THREE HUNDRED FORTY-NINE-G AND PARAGRAPH D OF
 SUBDIVISION ONE OF SECTION FOURTEEN-D OF THE TRANSPORTATION LAW:
 (A) PARCEL A
 ALL THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED  IN  THE  BOROUGH  OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF DITMARS BOULE-
 VARD  AT THE SOUTHWEST CORNER OF TAX MAP LOT 50 BLOCK 1641, THENCE ALONG
 A LINE NORTH 12°-36'-04" EAST, A DISTANCE OF 509.49' TO A  POINT  WITHIN
 THE  WESTERLY  LINE  OF  TAX MAP LOT 1 BLOCK 926, AND FROM SAID POINT OF
 BEGINNING RUNNING THENCE:
   1. WITHIN THE WESTBOUND LANES  OF  THE  GRAND  CENTRAL  PARKWAY  SOUTH
 07°-53'-31"  EAST,  A  DISTANCE  OF  141.88' TO A POINT IN THE WESTBOUND
 LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   2. WITHIN THE WESTBOUND LANES  OF  THE  GRAND  CENTRAL  PARKWAY  SOUTH
 39°-25'-56"  EAST,  A  DISTANCE  OF  342.06' TO A POINT IN THE WESTBOUND
 LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   3. WITHIN SAID LANDS THE  FOLLOWING  SIX  COURSES;  SOUTH  34°-46'-30"
 EAST,  A  DISTANCE  OF  595.14' TO A POINT IN THE WESTBOUND LANES OF THE
 GRAND CENTRAL PARKWAY, THENCE;
   4. SOUTH 32°-52'-42" EAST, A DISTANCE OF 284.13' TO  A  POINT  IN  THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   5.  SOUTH  31°-22'-20"  EAST,  A DISTANCE OF 270.04' TO A POINT IN THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   6. SOUTH 31°-20'-42" EAST, A DISTANCE OF 561.27' TO  A  POINT  IN  THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;

 S. 9097                            12
 
   7.  SOUTH  31°-24'-15"  EAST,  A DISTANCE OF 480.06' TO A POINT IN THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   8.  SOUTH  34°-13'-04"  EAST,  A DISTANCE OF 110.24' TO A POINT IN THE
 WESTBOUND LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   9. THROUGH THE WESTBOUND LANES OF  THE  GRAND  CENTRAL  PARKWAY  SOUTH
 47°-22'-46"  WEST,  A  DISTANCE  OF  82.07", TO A POINT IN THE EASTBOUND
 LANES OF THE GRAND CENTRAL PARKWAY, THENCE;
   10. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
 TO THE LEFT, HAVING A RADIUS OF 1778.30', AN ARC LENGTH  OF  834.73',  A
 CENTRAL  ANGLE  OF  26°-53'-40", AND WHOSE CHORD BEARS SOUTH 49°-28'-25"
 EAST, A DISTANCE OF 827.08' TO A POINT IN THE  EASTBOUND  LANES  OF  THE
 GRAND CENTRAL PARKWAY, THENCE;
   11. WITHIN THE EASTBOUND LANES OF THE GRAND CENTRAL PARKWAY ON A CURVE
 TO  THE  RIGHT, HAVING A RADIUS OF 4238.74", AN ARC LENGTH OF 371.50', A
 CENTRAL ANGLE OF 05°-01'-18", AND WHOSE CHORD  BEARS  SOUTH  60°-46'-13"
 EAST,  A  DISTANCE  OF  371.38' TO A POINT IN THE EASTBOUND LANES OF THE
 GRAND CENTRAL PARKWAY, THENCE;
   12. THROUGH THE WESTBOUND LANES OF GRAND CENTRAL PARKWAY AND WATERS OF
 FLUSHING BAY NORTH 18°-38'-40" EAST, A DISTANCE OF 1054.19' TO  A  POINT
 IN THE WATERS OF FLUSHING BAY, THENCE;
   13.  WITHIN  THE  WATERS  OF  FLUSHING  BAY  NORTH 45°-38'-00" WEST, A
 DISTANCE OF 2330.21' TO A POINT IN THE WATERS OF FLUSHING BAY SAID POINT
 ALSO BEING IN THE SOUTHERLY LINE OF TAX MAP LOT 1 BLOCK 926, THENCE;
   14. ALONG THE SOUTHERLY  LINE  OF  TAX  MAP  LOT  1  BLOCK  926  NORTH
 62°-16'-56"  WEST, A DISTANCE OF 69.81' TO A POINT IN THE SOUTHERLY LINE
 OF TAX MAP LOT 1 BLOCK 926, THENCE;
   15. ALONG THE SOUTHERLY  LINE  OF  TAX  MAP  LOT  1  BLOCK  926  SOUTH
 40°-14'-47"  WEST, A DISTANCE OF 458.89' TO A POINT IN THE WESTERLY LINE
 OF TAX MAP LOT 1 BLOCK 926, THENCE;
   16. ALONG THE  WESTERLY  LINE  OF  TAX  MAP  LOT  1  BLOCK  926  NORTH
 39°-47'-03"  WEST, A DISTANCE OF 685.00' TO A POINT IN THE WESTERLY LINE
 OF TAX MAP LOT 1 BLOCK 926, THENCE;
   17. ALONG THE WESTERLY LINE OF TAX MAP LOT 1 BLOCK 926 ON A  CURVE  TO
 THE  LEFT,  HAVING  A  RADIUS  OF  9711.30', AN ARC LENGTH OF 342.94', A
 CENTRAL ANGLE OF 02°-01'-24", AND WHOSE CHORD  BEARS  NORTH  40°-47'-45"
 WEST,  A  DISTANCE OF 342.93' TO A POINT IN THE WESTERLY LINE OF TAX MAP
 LOT 1 BLOCK 926, THENCE;
   18. ALONG THE  WESTERLY  LINE  OF  TAX  MAP  LOT  1  BLOCK  926  NORTH
 40°-47'-45"  WEST,  A DISTANCE OF 27.61' TO A POINT IN THE WESTERLY LINE
 OF TAX MAP LOT 1 BLOCK 926, ALSO THE POINT AND PLACE  OF  BEGINNING  AND
 CONTAINING A CALCULATED AREAS OF 2,497,386.76 SF OR 57.332 ACRES.
 (B) PARCEL B
 ALL  THAT CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN THE GRAND CENTRAL
 PARKWAY, BOROUGH OF QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED  AS
 FOLLOWS:
 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
 WAY  LINE  OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE OF ROOSE-
 VELT AVENUE, THENCE ALONG A LINE NORTH 24°-39'-00" EAST, A  DISTANCE  OF
 547.13'  TO  A  POINT  WITHIN  THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK
 1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
   1. THROUGH THE WESTBOUND LANES OF  THE  GRAND  CENTRAL  PARKWAY  SOUTH
 77°-38'-22" WEST, A DISTANCE OF 287.24', TO A POINT WITHIN THE MEDIAN OF
 THE GRAND CENTRAL PARKWAY, THENCE;
   2.  WITHIN  THE  MEDIAN OF THE GRAND CENTRAL PARKWAY THE FOLLOWING TWO
 COURSES; NORTH 10°35'14" WEST, A DISTANCE OF 1045.10', TO A POINT IN THE
 MEDIAN OF THE GRAND CENTRAL PARKWAY, THENCE;

 S. 9097                            13
 
   3. WITHIN THE GRAND CENTRAL PARKWAY ON A CURVE TO THE LEFT,  HAVING  A
 RADIUS  OF  1993.67',  AN  ARC  LENGTH  OF  1428.31', A CENTRAL ANGLE OF
 41°02'53", AND WHOSE CHORD BEARS NORTH 33°54'06"  WEST,  A  DISTANCE  OF
 1397.96',  TO  A POINT IN THE EASTBOUND LANES OF THE GRAND CENTRAL PARK-
 WAY,  SAID  POINT ALSO BEING THE EASTERLY LINE OF LANDS OWNED BY THE NEW
 YORK STATE DEPARTMENT OF TRANSPORTATION, THENCE;
   4. ALONG THE EASTERLY LINE OF  LANDS  OWNED  BY  THE  NEW  YORK  STATE
 DEPARTMENT  OF  TRANSPORTATION,  NORTH  18°-38'-40"  EAST, A DISTANCE OF
 1054.19' TO A POINT WITHIN THE WATERS OF FLUSHING BAY, THENCE;
   5. WITHIN THE  WATERS  OF  FLUSHING  BAY  SOUTH  45°-38'-00"  EAST,  A
 DISTANCE  OF  1109.08',  TO  A POINT IN THE WATERS OF FLUSHING BAY, SAID
 POINT ALSO BEING WITHIN TAX MAP LOT 65 BLOCK 1789, THENCE;
   6. WITHIN THE  WATERS  OF  FLUSHING  BAY  SOUTH  05°-02'-53"  EAST,  A
 DISTANCE  OF  465.40',  TO  A  POINT  WITHIN  TAX MAP LOT 65 BLOCK 1789,
 THENCE;
   7. WITHIN THE GRAND CENTRAL PARKWAY SOUTH 04°-53'-30" WEST, A DISTANCE
 OF 1336.32', TO A POINT IN THE MEDIAN  OF  THE  GRAND  CENTRAL  PARKWAY,
 THENCE;
   8.  THROUGH  THE  WESTBOUND  LANES OF THE GRAND CENTRAL PARKWAY, SOUTH
 76°-53'-58" EAST, A DISTANCE OF 198.10', TO A POINT IN THE WESTERLY LINE
 OF TAX MAP LOT 20 BLOCK 1787, THENCE;
   9. ALONG THE WESTERLY LINE OF SAME, THE FOLLOWING THREE COURSES; SOUTH
 03°-28'-07" WEST, A DISTANCE OF 240.75', TO A POINT IN THE WESTERLY LINE
 OF TAX MAP LOT 20 BLOCK 1787, THENCE;
   10. SOUTH 01°-26'-38" EAST, A DISTANCE OF 104.30', TO A POINT  IN  THE
 WESTERLY LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
   11.  SOUTH  05°-00'-28"  EAST, A DISTANCE OF 165.58', TO THE POINT AND
 PLACE OF BEGINNING AND CONTAINING A CALCULATED AREAS OF 1,699,154.25  SF
 OR 39.007 ACRES.
 (C) PARCEL C
 ALL  THAT  CERTAIN  TRACTS  OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT OF
 WAY LINE OF 114TH STREET AND THE NORTHERLY RIGHT OF WAY LINE  OF  ROOSE-
 VELT  AVENUE,  THENCE ALONG A LINE NORTH 24°-39'-00" EAST, A DISTANCE OF
 547.13' TO A POINT WITHIN THE WESTERLY LINE OF  TAX  MAP  LOT  20  BLOCK
 1787, AND FROM SAID POINT OF BEGINNING RUNNING THENCE:
   1.  ALONG  THE  WESTERLY  LINE OF SAME THE FOLLOWING TWO COURSE; NORTH
 05°-00'-28" WEST, A DISTANCE OF 165.58', TO A POINT WITHIN THE  WESTERLY
 LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
   2.  NORTH  01°-26'-38"  WEST, A DISTANCE OF 104.30', TO A POINT WITHIN
 THE WESTERLY LINE OF TAX MAP LOT 20 BLOCK 1787, THENCE;
   3. WITHIN TAX MAP  LOT  20  BLOCK  1787,  SOUTH  59°-56'-38"  EAST,  A
 DISTANCE OF 163.06', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
   4.  WITHIN  TAX  MAP  LOT  20  BLOCK  1787,  NORTH 68°-47'-17" EAST, A
 DISTANCE OF 198.49', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
   5. WITHIN TAX MAP  LOT  20  BLOCK  1787,  SOUTH  22°-21'-18"  EAST,  A
 DISTANCE OF 381.93', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
   6.  WITHIN  TAX  MAP  LOT  20  BLOCK  1787,  SOUTH 59°-56'-38" EAST, A
 DISTANCE OF 48.54', TO A POINT IN LOT 20 BLOCK 1787, THENCE;
   7. THROUGH TAX MAP LOT 20  BLOCK  1787  AND  ROOSEVELT  AVENUE,  SOUTH
 86°-10'-42"  EAST,  A  DISTANCE  OF 398.17', TO A POINT IN THE NORTHERLY
 LINE OF TAX MAP LOT 1500 BLOCK 2018, SAID POINT ALSO BEING IN THE SOUTH-
 ERLY RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;

 S. 9097                            14
 
   8. ALONG THE SOUTHERLY RIGHT OF WAY LINE  OF  ROOSEVELT  AVENUE  NORTH
 68°-23'-55"  EAST,  A  DISTANCE  OF 609.39', TO A POINT IN THE SOUTHERLY
 RIGHT OF WAY LINE OF ROOSEVELT AVENUE, THENCE;
   9.  WITHIN  ROOSEVELT  AVENUE,  NORTH  21°-35'-11" WEST, A DISTANCE OF
 10.14', TO A POINT WITHIN ROOSEVELT AVENUE, THENCE;
   10. WITHIN ROOSEVELT AVENUE NORTH  68°-25'-28"  EAST,  A  DISTANCE  OF
 1035.26', TO A POINT WITHIN ROOSEVELT AVENUE, THENCE;
   11.  WITHIN  ROOSEVELT AVENUE AND ALONG THE EASTERLY RIGHT OF WAY LINE
 OF 126TH STREET, SOUTH 21°-35'-11" EAST, A DISTANCE  OF  289.03',  TO  A
 POINT WITHIN TAX MAP LOT 1000 BLOCK 2018, THENCE;
   12.  WITHIN  TAX  MAP  LOT  1000 BLOCK 2018, SOUTH 68°-25'-28" WEST, A
 DISTANCE OF 620.84', TO A POINT IN TAX MAP LOT 1000 BLOCK 2018, THENCE;
   13. WITHIN TAX MAP LOT 1000  BLOCK  2018  NORTH  05°-44'-59"  EAST,  A
 DISTANCE OF 22.49', TO A POINT IN THE SOUTHERLY LINE OF TAX MAP LOT 1500
 BLOCK 2018, THENCE;
   14.  ALONG  THE  SOUTHERLY  LINE  OF  SAME,  SOUTH 68°-30'-37" WEST, A
 DISTANCE OF 241.71', TO A POINT IN THE SOUTHERLY LINE  OF  TAX  MAP  LOT
 1500 BLOCK 2018, THENCE;
   15.  WITHIN  TAX  MAP  LOT  1500 BLOCK 2018, NORTH 72°-41'-52" WEST, A
 DISTANCE OF 175.88', TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
   16. WITHIN TAX MAP LOT 1500 BLOCK  2018,  SOUTH  68°-23'-55"  WEST,  A
 DISTANCE OF 949.27', TO A POINT IN TAX MAP LOT 1500 BLOCK 2018, THENCE;
   17.  THROUGH  TAX MAP LOT 1500 BLOCK 2018 AND ROOSEVELT AVENUE AND TAX
 MAP LOT 20 BLOCK 1787, NORTH 59°-56'-38" WEST, A DISTANCE OF 779.92', TO
 THE POINT AND PLACE OF BEGINNING AND CONTAINING A  CALCULATED  AREAS  OF
 607,660.66 SF OR 13.949 ACRES.
 (D) PARCEL D
 ALL  THAT  CERTAIN  TRACTS  OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE  INTERSECTION  OF
 THE  EASTERLY  RIGHT OF WAY LINE OF 126TH STREET AND THE SOUTHERLY RIGHT
 OF WAY LINE OF ROOSEVELT AVENUE, THENCE ALONG A LINE  NORTH  21°-35'-11"
 WEST,  A  DISTANCE OF 10.00' TO A POINT WITHIN ROOSEVELT AVENUE AND FROM
 SAID POINT OF BEGINNING RUNNING THENCE:
   1. WITHIN THE RIGHT OF WAY  OF  ROOSEVELT  AVENUE,  NORTH  68°-30'-18"
 EAST,  A DISTANCE OF 420.35' TO A POINT IN THE RIGHT OF WAY OF ROOSEVELT
 AVENUE, THENCE;
   2. WITHIN THE RIGHT OF WAY  OF  ROOSEVELT  AVENUE,  NORTH  62°-00'-28"
 EAST,  A DISTANCE OF 264.15' TO A POINT IN THE RIGHT OF WAY OF ROOSEVELT
 AVENUE, THENCE;
   3. THROUGH ROOSEVELT AVENUE AND TAX  MAP  LOT  300  BLOCK  2018  SOUTH
 21°-35'-11"  EAST,  A  DISTANCE  OF  254.94' TO A POINT IN LOT 300 BLOCK
 2018, THENCE;
   4. THROUGH TAX MAP LOT  300  BLOCK  2018  SOUTH  58°-00'-57"  WEST,  A
 DISTANCE OF 386.69', TO A POINT IN THE SOUTHEASTERLY LINE OF TAX MAP LOT
 75 BLOCK 2018, THENCE;
   5. WITHIN TAX MAP LOT 75 BLOCK 2018 SOUTH 77°-57'-39" WEST, A DISTANCE
 OF 162.28' TO A POINT IN TAX MAP LOT 75 BLOCK 2018, THENCE;
   6. WITHIN TAX MAP LOT 75 BLOCK 2018 SOUTH 68°-23'-55" WEST, A DISTANCE
 OF  142.47'  TO  A  POINT  IN TAX MAP LOT 75 BLOCK 2018, SAID POINT ALSO
 BEING ALONG THE EASTERLY LINE OF 126TH STREET, THENCE;
   7. ALONG THE EASTERLY  RIGHT  OF  WAY  LINE  OF  126TH  STREET,  NORTH
 21°-35'-11" WEST, A DISTANCE OF 269.04' TO THE POINT AND PLACE OF BEGIN-
 NING AND CONTAINING A CALCULATED AREAS OF 186,365.46 SF OR 4.278 ACRES.
 (E) PARCEL E

 S. 9097                            15
 
 ALL  THAT  CERTAIN  TRACTS  OR PARCELS OF LAND LOCATED IN THE BOROUGH OF
 QUEENS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 BEGINNING  AT  A POINT AT THE INTERSECTION FORMED BY THE INTERSECTION OF
 THE WESTERLY RIGHT OF WAY LINE OF 126TH STREET AND THE  SOUTHERLY  RIGHT
 OF  WAY LINE OF ROOSEVELT AVENUE, THENCE ALONG THE WESTERLY RIGHT OF WAY
 LINE OF 126TH STREET SOUTH 21°-35'-11" EAST, A DISTANCE OF 259.05' TO  A
 POINT  WITHIN  THE NORTHERLY LINE OF TAX MAP LOT 1000 BLOCK 2018, THENCE
 ALONG  THE  NORTHERLY  LINE  OF  TAX  MAP  LOT  1000  BLOCK  2018  SOUTH
 68°-25'-28"  WEST, A DISTANCE OF 610.51' TO A POINT WITHIN THE NORTHERLY
 LINE OF LOT 1000 BLOCK 2018, AND FROM SAID POINT  OF  BEGINNING  RUNNING
 THENCE:
   1.  WITHIN  TAX  MAP  LOT  1000  BLOCK 2018, SOUTH 05°-44'-59" WEST, A
 DISTANCE OF 37.84', TO A POINT IN TAX MAP LOT 1000 BLOCK 2018, THENCE;
   2. WITHIN SAID LANDS THE FOLLOWING THREE  COURSES,  SOUTH  21°-02'-11"
 EAST,  A  DISTANCE OF 96.44', TO A POINT IN TAX MAP LOT 1000 BLOCK 2018,
 THENCE;
   3. SOUTH 47°-44'-48" EAST, A DISTANCE OF 71.01', TO A POINT IN TAX MAP
 LOT 1000 BLOCK 2018, THENCE;
   4. NORTH 68°-23'-55" EAST, A DISTANCE OF 489.48', TO A  POINT  IN  THE
 NORTHERLY LINE OF TAX MAP LOT 350R BLOCK 2018, THENCE
   5. WITHIN TAX MAP LOT 350R BLOCK 2018 THE FOLLOWING TWO COURSES, SOUTH
 43°-22'-54"  EAST,  A  DISTANCE  OF 39.27', TO A POINT IN LOT 350R BLOCK
 2018, THENCE;
   6. SOUTH 42°-24'-34" WEST, A DISTANCE OF 391.74', TO A  POINT  IN  THE
 NORTHERLY LINE OF LOT 350R BLOCK 2018, THENCE;
   7.  THROUGH  TAX  MAP  LOT  350R BLOCK 2018, SOUTH 46°-00'-42" EAST, A
 DISTANCE OF 166.93', TO A POINT IN THE SOUTHERLY LINE OF LOT 350R  BLOCK
 2018,  SAID  POINT  ALSO  BEING  IN THE NORTHERLY LINE OF LOT 300R BLOCK
 2018, THENCE;
   8. ALONG THE NORTHERLY LINE OF TAX  MAP  LOT  300R  BLOCK  2018  SOUTH
 65°-11'-49"  WEST,  A  DISTANCE  OF 556.87', TO A POINT IN THE NORTHERLY
 LINE OF TAX MAP LOT 300R BLOCK 2018, THENCE;
   9. THROUGH TAX MAP LOT 350R BLOCK 2018 AND  TAX  MAP  LOT  1000  BLOCK
 2018,  NORTH  24°-48'-11" WEST, A DISTANCE OF 164.72', TO A POINT WITHIN
 TAX MAP LOT 1000 BLOCK 2018, THENCE;
   10. WITHIN TAX MAP LOT 1000 BLOCK 2018 THE  FOLLOWING  THREE  COURSES;
 NORTH 51°-08'-46" EAST, A DISTANCE OF 217.28', TO A POINT WITHIN TAX MAP
 LOT 1000 BLOCK 2018, THENCE;
   11.  NORTH  38°-51'-17" WEST, A DISTANCE OF 329.46', TO A POINT WITHIN
 TAX MAP LOT 1000 BLOCK 2018, THENCE;
   12. NORTH 47°-13'-34" WEST, A DISTANCE OF 46.55' TO A POINT ALONG  THE
 SOUTHERLY LINE OF TAX MAP LOT 1500 BLOCK 2018, THENCE;
   13.  ALONG  THE  SOUTHERLY  LINE  OF TAX MAP LOT 1500 BLOCK 2018 NORTH
 68°-30'-37" EAST, A DISTANCE OF 241.71' TO THE POINT AND PLACE OF BEGIN-
 NING AND CONTAINING A CALCULATED AREAS OF 236,272.08 SF OR 5.424 ACRES.
   (F) ANY PROPERTY INTERESTS NECESSARY FOR AN ADJUSTMENT  OF  THE  PIERS
 SUPPORTING  THE PEDESTRIAN BRIDGES CROSSING THE GRAND CENTRAL PARKWAY TO
 MAINTAIN ACCESSIBILITY, AND ANY VEHICLE ENTRY AND  EXIT  POINTS  TO  THE
 GRAND  CENTRAL  PARKWAY LOCATED ALONG EITHER SIDE OF THE ABOVE DESCRIBED
 CORRIDOR.
   (C) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  GENERAL,  SPECIAL,
 CHARTER OR LOCAL, FOLLOWING ACQUISITION, THE COMMISSIONER OF TRANSPORTA-
 TION  MAY  USE  SUCH PROPERTY INTERESTS TOGETHER WITH PROPERTY INTERESTS
 ALREADY OWNED OR HELD WITHIN THE CORRIDOR DESCRIBED IN  SUBDIVISION  (B)
 OF  THIS  SECTION OR ENTER INTO CONTRACTS TO SELL, OR LEASE TO, CONTRACT
 WITH OR OTHERWISE TRANSFER TO, AND/OR EXCHANGE WITH, AND/OR GRANT  EASE-

 S. 9097                            16
 
 MENTS,  LICENSES,  PERMITS, CONCESSIONS, OR OTHER AUTHORIZATIONS TO, THE
 PORT AUTHORITY OF NEW YORK  AND  NEW  JERSEY,  TO  CONSTRUCT  (INCLUDING
 UTILIZING  TEMPORARY  LAYDOWN AREAS), AND PERMANENTLY USE, OCCUPY, OPER-
 ATE,  AND  MAINTAIN  THE  AIRPORT  ACCESS MASS TRANSIT FACILITY, RELATED
 ANCILLARY FACILITIES FOR AIRPORT ACCESS MASS TRANSIT MAINTENANCE,  PARK-
 ING FOR PERSONS USING THE AIRPORT ACCESS MASS TRANSIT FACILITY AND ADDI-
 TIONAL  LIMITED  PURPOSES  DIRECTLY  RELATED  TO OPERATION OF AN AIRPORT
 ACCESS MASS TRANSIT PROJECT; PROVIDED HOWEVER,  THIS  SECTION  DOES  NOT
 AUTHORIZE  USE  OF  PROPERTY  INTERESTS  FOR  A  SELF-STANDING  FACILITY
 CONSTRUCTED TO HOUSE PREMISES  FOR  AUTOMOBILE  RENTAL  OPERATIONS;  AND
 PROVIDED  FURTHER  THAT,  THE  PORT AUTHORITY OF NEW YORK AND NEW JERSEY
 MAY, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL, CHAR-
 TER OR LOCAL, TRANSFER ANY PROPERTY INTERESTS TO THE CITY OF  NEW  YORK,
 IN  ACCORDANCE  WITH  THE  TERMS AND CONDITIONS FOR THE LEASE OF AIRPORT
 PREMISES BY THE CITY OF NEW YORK TO THE PORT AUTHORITY OF NEW  YORK  AND
 NEW JERSEY AND THE CITY OF NEW YORK MAY, FOLLOWING SUCH TRANSFER, LEASE-
 BACK THE PROPERTY INTERESTS UNDER THOSE TERMS AND CONDITIONS.
   (D) UPON COMPLETION OF ANY MODIFICATIONS TO THE GRAND CENTRAL PARKWAY,
 THE  COMMISSIONER  OF  TRANSPORTATION  SHALL  BY OFFICIAL ORDER TRANSFER
 JURISDICTION OVER THE CENTRAL  EXPRESS  ARTERY  AND  ADJACENT  LANDSCAPE
 AREAS  AND  OVER  ADJACENT  SERVICE ROADS TO THE CITY OF NEW YORK AS SET
 FORTH IN SUBDIVISION 3.4 OF SECTION THREE HUNDRED FORTY-NINE-C  OF  THIS
 ARTICLE.
   (E)  AUTHORIZATION  IS HEREBY GIVEN TO THE COMMISSIONER OF TRANSPORTA-
 TION TO DO ALL THINGS NECESSARY, WITHIN THE JUDGMENT OF THE  COMMISSION-
 ER, TO CARRY OUT THE PURPOSES OF THIS SECTION.
   (F) DURING THE CONSTRUCTION OF ANY AIRPORT ACCESS MASS TRANSIT FACILI-
 TY FOR LAGUARDIA AIRPORT AND RELATED ANCILLARY FACILITIES ON ANY PROPER-
 TY  INTERESTS  ACQUIRED  PURSUANT TO THIS SECTION, SECTION FOURTEEN-D OF
 THE TRANSPORTATION LAW, OR PURSUANT TO ANY OTHER  SECTION  OF  LAW,  THE
 CONSTRUCTING   PARTY  SHALL  PROVIDE  FOR  THE  ON-GOING  MONITORING  OF
 VIBRATIONS, NOISE AND AIR QUALITY DURING CONSTRUCTION.
   (G) THE CONSTRUCTING PARTY SHALL ENSURE THE PROVISION OF JUST  COMPEN-
 SATION TO A PROPERTY OWNER OF ANY PROPERTY OR BUILDING WITHIN THE VICIN-
 ITY  OF THE CONSTRUCTION OF ANY AIRPORT ACCESS MASS TRANSIT FACILITY FOR
 LAGUARDIA AIRPORT AND RELATED ANCILLARY FACILITIES THAT HAS  BEEN  PHYS-
 ICALLY  DAMAGED AS A RESULT OF ACTION TAKEN BY THE CONSTRUCTING PARTY OR
 ITS AGENT DURING SUCH CONSTRUCTION, HOWEVER, NOTHING HEREIN SHALL ESTAB-
 LISH A CAUSE OF ACTION FOR SUCH DAMAGES.
   § 10. (A) The use of any property, property rights, or property inter-
 ests including easements, air rights  and  subsurface  rights,  acquired
 pursuant  to  paragraph d of subdivision 1 of section 14-d of the trans-
 portation law, as added by section eight of this act, for any  essential
 facilities necessary for the construction, operation, and maintenance of
 an airport access mass transit facility for LaGuardia airport including:
 temporary  and  permanent  stairways;  pedestrian walkways/bridges other
 than the Passerelle; and vertical movement  (i.e.    elevators,  escala-
 tors);  guideway  superstructure, columns, and foundations; guideway and
 station equipment such as track, third rail, walkways, handrails,  noise
 wall,  lighting,  blue light stations, CCTV, fare collection systems and
 security equipment and provisions; facility ingress and egress installa-
 tions; all utilities necessary for an airport access mass transit facil-
 ity such as high and  low  voltage  electric,  grounding,  natural  gas,
 water,  sewer,  drainage,  cable, fiber, communication towers, antennae,
 temporary utilities and miscellaneous utilities and services;  utilities
 facilities  including,  but  not  limited to, substations, transformers,

 S. 9097                            17
 
 mechanical, and  pumping  facilities;  temporary  and  permanent  public
 access  roads,  pedestrian bridges other than the Passerelle, sidewalks,
 pathways, and traffic facilities; temporary and permanent security fenc-
 ing,  guard  booths, CCTV systems, security equipment/provisions as well
 as bollards  and  walls  of  various  materials;  landscaping  features,
 sustainable  design  installations,  and  mitigation  elements  required
 through the environmental or regulatory approval process(es),  or  as  a
 result  of  recommendations from local community outreach; temporary and
 permanent lighting  fixtures  including  any  aviation  warning  lights;
 temporary  infrastructure  to support construction; temporary and perma-
 nent signage and signage structures; temporary and permanent  facilities
 and  buildings  such  as operations, storage and maintenance facilities,
 passenger stations, as well as other  miscellaneous  support  facilities
 and  buildings,  which include all equipment required to provide a fully
 functional installation including elements such as oil separation,  fuel
 storage,  vehicle  cleaning,  backup power systems, and other associated
 equipment; corrosion  and  erosion  control  monitoring  and  mitigating
 installations;  temporary  parking  during  construction and parking for
 employees of an access mass  transit  facility;  concessions  and  small
 business  facilities;  temporary  construction equipment and facilities;
 public announcement and other  annunciating  equipment  and  facilities;
 temporary  storage  facilities;  temporary and permanent systems support
 installations  (i.e.    communications  and  train  control);  lightning
 protection  installation;  storage  facilities  to  support  the airport
 access mass transit facility and airport operations; all interfaces with
 the NYCT 7 line and MTA/LIRR; all rearrangements related to MTA bus  and
 rail operations at Willets Point; alternative/sustainable energy systems
 (i.e.  solar panels, electric vehicle charging stations, energy storage,
 etc.); waste/refuse  storage  and  processing  associated  with  airport
 access mass transit facility operations (i.e. trash compactors and dump-
 sters);  storm  water  treatment  and  storage  facilities (above and/or
 underground); and flood mitigation installations shall be authorized.
   (B) The use of any property, property rights,  or  property  interests
 including  easements, air rights and subsurface rights acquired pursuant
 to paragraph d of subdivision 1 of section 14-d  of  the  transportation
 law, as added by section eight of this act, for any nonessential facili-
 ties  including:  permanent  parking  facilities; and other nonessential
 facilities not directly related  to  the  construction,  operation,  and
 maintenance  of  an  airport  access mass transit facility for LaGuardia
 airport and not necessary for such facility's operation shall be author-
 ized only upon the condition  that  a  memorandum  of  understanding  is
 executed between the Mayor of the City of New York and the port authori-
 ty of New York and New Jersey.
   (C)  The  acquisition  of  any  property, property rights, or property
 interests including easements, air rights and subsurface rights  author-
 ized  pursuant  to  paragraph  d of subdivision 1 of section 14-d of the
 transportation law, as added by section eight of this  act,  shall  take
 effect  only  upon  the  condition that a memorandum of understanding is
 executed between the mayor of the city of New York and the port authori-
 ty of New York and New Jersey  for  the  renovation  of  the  Passerelle
 bridge and the interfaces with the Passerelle structures.
   § 11. If property interests acquired on real property currently desig-
 nated  as  parkland or that is currently used for park purposes pursuant
 to the authorization contained in this act are not used  within  fifteen
 years  of  their  acquisition  or shall ever be used for a purpose other
 than for the use authorized pursuant to this act,  such  property  shall

 S. 9097                            18
 
 revert  back  to the city of New York department of parks and recreation
 to be used for park and recreational purposes or for the  purposes  that
 are consistent with those provided by chapter 729 of the laws of 1961.
   §  12. New York City shall dedicate an amount equal to or greater than
 the fair market value received from the department  of  transportation's
 acquisition of parklands pursuant to the authorization in paragraph d of
 subdivision  1  of  section  14-d of the transportation law, as added by
 section eight of this act, toward the acquisition of new parkland and/or
 capital improvements to existing parkland  and  recreational  facilities
 provided,  however, that if any such parkland is waterfront parkland the
 fair market value may only be used for the acquisition of new waterfront
 parklands and/or capital improvements to  existing  waterfront  parkland
 and recreational facilities.
   §  13.  Subdivision 9 of section 2852 of the education law, as amended
 by section 2 of subpart A of part B of chapter 20 of the laws  of  2015,
 is amended to read as follows:
   9. The total number of charters issued pursuant to this article state-
 wide  shall not exceed four hundred sixty. (a) All charters issued on or
 after July first, two thousand fifteen and counted toward the  numerical
 limits  established  by this subdivision shall be issued by the board of
 regents upon application directly to the board  of  regents  or  on  the
 recommendation  of  the board of trustees of the state university of New
 York pursuant to a competitive process in  accordance  with  subdivision
 nine-a  of this section. [Fifty of such charters issued on or after July
 first, two thousand fifteen, and no more, shall be granted to a  charter
 for  a school to be located in a city having a population of one million
 or more.] The failure of any body to issue  the  regulations  authorized
 pursuant  to  this  article  shall not affect the authority of a charter
 entity to propose a charter to the board of  regents  or  the  board  of
 regents'  authority  to  grant such charter. A conversion of an existing
 public school to a charter school, or the  renewal  or  extension  of  a
 charter  approved by any charter entity, shall not be counted toward the
 numerical limits established by this subdivision.
   (b) A charter that has been surrendered, revoked or terminated [on  or
 before  July  first, two thousand fifteen], including a charter that has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant to paragraph (a) of this subdivision by the board of regents  either
 upon  application directly to the board of regents or on the recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant to a competitive process in accordance with  subdivision  nine-a  of
 this  section. Provided that such reissuance shall not be counted toward
 the statewide numerical limit  established  by  this  subdivision[,  and
 provided  further  that no more than twenty-two charters may be reissued
 pursuant to this paragraph].
   (c) For purposes of determining the total number  of  charters  issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter authorized to be issued by chapter fifty-seven of  the  laws  of
 two  thousand  seven  effective July first, two thousand seven, and that
 remains unissued as of July first, two thousand fifteen, may  be  issued
 pursuant  to the provisions of law applicable to a charter authorized to
 be issued by such chapter in effect as of June fifteenth,  two  thousand
 fifteen[;  provided  however  that  nothing  in  this paragraph shall be
 construed to increase the numerical limit applicable to a city having  a
 population  of  one million or more as provided in paragraph (a) of this

 S. 9097                            19

 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
   §  14.  Subdivision 2 of section 3204 of the education law, as amended
 by section 1 of part SSS of chapter 59 of the laws of 2018,  is  amended
 to read as follows:
   2.  Quality  and  language of instruction; text-books. (i) Instruction
 may be given only by  a  competent  teacher.  In  the  teaching  of  the
 subjects of instruction prescribed by this section, English shall be the
 language  of  instruction,  and  text-books  used  shall  be  written in
 English, except that for a period of three years, which  period  may  be
 extended  by  the  commissioner  with respect to individual pupils, upon
 application therefor by the appropriate school authorities, to a  period
 not  in  excess  of  six  years,  from the date of enrollment in school,
 pupils who, by reason of foreign birth or ancestry have limited  English
 proficiency,  shall be provided with instructional programs as specified
 in subdivision two-a of this section and the regulations of the  commis-
 sioner.  The  purpose of providing such pupils with instruction shall be
 to enable them to develop academically while achieving competence in the
 English language. Instruction given to  a  minor  elsewhere  than  at  a
 public school shall be at least substantially equivalent to the instruc-
 tion  given  to minors of like age and attainments at the public schools
 of the city or district where the minor resides.
   (ii) For purposes of considering substantial equivalence  pursuant  to
 this  subdivision  for nonpublic elementary and middle schools that are:
 (1) non-profit corporations, (2) have a bi-lingual program, and (3) have
 an educational program that extends from no later than nine  a.m.  until
 no  earlier than four p.m. for grades one through [three, and no earlier
 than five thirty p.m. for grades four through] eight, on the majority of
 weekdays TO MEET THE REQUIREMENTS OF THIS SECTION, the department  shall
 consider  the  following, but not limited to: if the curriculum provides
 academically rigorous instruction that develops critical thinking skills
 in the school's students,  taking  into  account  the  entirety  of  the
 curriculum,  over  the course of elementary and middle school, including
 instruction in English [that will] TO prepare pupils to read fiction and
 nonfiction text for information and to use that information to construct
 written essays that state a  point  of  view  or  support  an  argument;
 instruction  in  mathematics [that will] TO prepare pupils to solve real
 world problems using both number sense  and  fluency  with  mathematical
 functions  and  operations;  instruction  in  history [by being able] TO
 PREPARE PUPILS to interpret and analyze primary  text  to  identify  and
 explore  important  events  in  history,  to construct written arguments
 using the supporting information they get from primary source  material,
 demonstrate an [understating] UNDERSTANDING of the role of geography and
 economics in the actions of world civilizations, and an understanding of
 civics  and  the  responsibilities of citizens in world communities; and
 instruction in science [by learning] TO  TEACH  PUPILS  how  to  gather,
 analyze  and  interpret  observable  data to make informed decisions and
 solve problems mathematically, using deductive and  inductive  reasoning
 to  support a hypothesis, and how to differentiate between correlational
 and causal relationships.
   (iii) For purposes of considering substantial equivalence pursuant  to
 this  subdivision  for  nonpublic high schools that: (1) are established
 for pupils in high school who have graduated from an  elementary  school
 that  provides  instruction as described in this section, (2) are a non-
 profit corporation, (3) have a  bi-lingual  program,  and  (4)  have  an
 educational  program  that extends from no later than nine a.m. until no

 S. 9097                            20
 
 earlier than [six] FOUR-THIRTY p.m. on the majority of weekdays TO  MEET
 THE  REQUIREMENTS  OF  THIS  SECTION  the  department shall consider the
 following but not limited to: if the  curriculum  provides  academically
 rigorous  instruction  that  develops  critical  thinking  skills in the
 school's students, the  outcomes  of  which,  taking  into  account  the
 entirety of the curriculum, result in a sound basic education.
   (iv) Nothing herein shall be construed to entitle or permit any school
 to  receive an increase in mandated services aid pursuant to 8 NYCRR 176
 on account of providing a longer school day.
   (v) [The commissioner shall be  the  entity  that  determines  whether
 nonpublic  elementary  and  secondary schools are in compliance with the
 academic requirements set forth in paragraphs (ii)  and  (iii)  of  this
 subdivision.]  IN  DETERMINING COMPLIANCE WITH THE ACADEMIC REQUIREMENTS
 SET FORTH IN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION, THE  COMMIS-
 SIONER  SHALL  DESIGNATE  AN  ENTITY  OR  ENTITIES WITH EXPERTISE IN THE
 CURRICULUM OF THE SCHOOLS DESCRIBED IN PARAGRAPHS (II) AND (III) OF THIS
 SUBDIVISION TO EVALUATE THE SCHOOLS' COMPLIANCE WITH SAID  REQUIREMENTS,
 AND SHALL DEFER TO SUCH ENTITY'S EXPERTISE IN MAKING SUCH EVALUATION.
   (VI) FOR PURPOSES OF DETERMINING COMPLIANCE WITH THE ACADEMIC REQUIRE-
 MENTS  SET  FORTH  IN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION, THE
 DETERMINATION SHALL BE BASED SOLELY ON TEACHING THE ENUMERATED  REQUIRE-
 MENTS  CONTAINED  THEREIN; PROVIDED, HOWEVER, THAT NOTHING IN THIS PARA-
 GRAPH SHALL PROHIBIT SCHOOLS FROM PROVIDING  INSTRUCTION  IN  AREAS  NOT
 ENUMERATED WITHIN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION.
   (VII)  UPON  A  FINDING  OF  NON-COMPLIANCE THE FOLLOWING STEPS MAY BE
 TAKEN:
   (A) THE  COMMISSIONER  MAY  ISSUE  A  REPORT  RECOMMENDING  CORRECTIVE
 ACTIONS TO SATISFY THE ACADEMIC REQUIREMENTS ESTABLISHED HEREIN.
   (B)  SUCH  SCHOOL  MAY ACCEPT AND IMPLEMENT THE RECOMMENDED CORRECTIVE
 ACTIONS OR ESTABLISH ITS OWN PLAN FOR RESOLVING THE STATED DEFICIENCIES,
 AND BE AFFORDED ADEQUATE TIME TO IMPLEMENT SUCH CORRECTIVE ACTIONS. UPON
 FAILURE OF A SCHOOL TO REMEDY THE NON-COMPLIANCE, THE  COMMISSIONER  MAY
 DEEM  THE  SCHOOL'S  CURRICULUM  TO BE DEFICIENT AND PLACE THE SCHOOL ON
 PROBATION FOR A PERIOD OF ONE YEAR. DURING SUCH PROBATIONARY PERIOD  THE
 SCHOOL SHALL BE REQUIRED TO RETAIN AND WORK WITH A CURRICULUM SPECIALIST
 TO  FURTHER ADDRESS AND RESOLVE THE DEFICIENCIES AND SHALL BE SUBJECT TO
 FURTHER AND PERIODIC MONITORING BY THE COMMISSIONER UNTIL THE  DEFICIEN-
 CIES ARE RESOLVED PURSUANT TO THIS SUBDIVISION.
   (C) IF A SCHOOL IS DEEMED NOT TO BE IN COMPLIANCE AFTER THE PROBATION-
 ARY  PERIOD  DESCRIBED  ABOVE,  THE COMMISSIONER SHALL INFORM PARENTS OF
 STUDENTS ENROLLED IN SUCH SCHOOL THAT THE INSTRUCTION  PROVIDED  BY  THE
 SCHOOL WAS DETERMINED NOT TO BE IN COMPLIANCE.
   §  15.  Section  292  of  the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
   (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
 THE PUBLIC TO BE NON-SECRETARIAN AND EXEMPT FROM  TAXATION  PURSUANT  TO
 THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
   (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
   § 16. Subdivision 4 of section 296 of the executive law, as amended by
 chapter 106 of the laws of 2003, is amended to read as follows:
   4.  It  shall be an unlawful discriminatory practice for an [education
 corporation or association which holds itself out to the  public  to  be
 non-sectarian  and  exempt  from  taxation pursuant to the provisions of
 article four of the real property tax law]  EDUCATIONAL  INSTITUTION  to

 S. 9097                            21
 
 deny  the use of its facilities to any person otherwise qualified, or to
 permit the harassment of any student or  applicant,  by  reason  of  his
 race,  color, religion, disability, national origin, sexual orientation,
 military status, sex, age or marital status, except that any such insti-
 tution  which  establishes or maintains a policy of educating persons of
 one sex exclusively may admit students of only one sex.
   § 17. Section 221.05 of the penal law, as added by chapter 360 of  the
 laws of 1977, is amended to read as follows:
 § 221.05 Unlawful possession of marihuana.
   A  person  is guilty of unlawful possession of marihuana when he know-
 ingly and unlawfully possesses marihuana.
   Unlawful possession of marihuana is a violation punishable only  by  a
 fine  of not more than one hundred dollars. However, where the defendant
 has previously been convicted of [an offense] A CRIME  defined  in  this
 article,  EXCEPT  A  CRIME  DEFINED  IN  SECTION  221.10 OF THIS ARTICLE
 PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION  DOES  NOT  DEMON-
 STRATE  A  CONVICTION  UNDER  SUBDIVISION TWO OF SUCH SECTION 221.10, or
 article 220 of this chapter, committed within the three years immediate-
 ly preceding such violation, it shall be punishable (a) only by  a  fine
 of  not  more  than two hundred dollars, if the defendant was previously
 convicted of one such offense committed during such period, and (b) by a
 fine of not more than two hundred fifty dollars or a term  of  imprison-
 ment  not in excess of fifteen days or both, if the defendant was previ-
 ously convicted of two such offenses committed during such period.
   § 18. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
 procedure law, as added by chapter 835 of the laws of 1977 and as relet-
 tered by chapter 192 of the laws of 1980, is amended to read as follows:
   (k) (i) The accusatory instrument alleged a violation of  article  two
 hundred  twenty  or section 240.36 of the penal law, prior to the taking
 effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
 violation  of  article two hundred twenty-one of the penal law; (ii) the
 sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
 conviction  was  only  for a violation or violations[; and (iv) at least
 three years have passed since the offense occurred] OF SECTION 221.10 OF
 THE PENAL LAW PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION DOES
 NOT DEMONSTRATE A CONVICTION  UNDER  SUBDIVISION  TWO  OF  SUCH  SECTION
 221.10,  OR  FOR  A  PETTY  OFFENSE OR OFFENSES.   NO DEFENDANT SHALL BE
 REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING PURSUANT TO  THIS
 PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT RELATED
 TO  A  CONVICTION FOR A VIOLATION OF SECTION 221.05 OR SECTION 221.10 OF
 THE PENAL LAW AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY  UNEN-
 FORCEABLE.
   §  19.  Section  160.50  of  the  criminal procedure law is amended by
 adding three new subdivisions 5, 6 and 7 to read as follows:
   5. A PERSON CONVICTED OF A VIOLATION OF SECTION 221.10  OF  THE  PENAL
 LAW,  OTHER  THAN  A  CONVICTION  AFTER  TRIAL OF, OR PLEA OF GUILTY TO,
 SUBDIVISION TWO OF SUCH SECTION 221.10, PRIOR TO THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION MAY UPON MOTION APPLY TO THE COURT IN WHICH SUCH TERMI-
 NATION  OCCURRED,  UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE DISTRICT
 ATTORNEY, FOR AN ORDER GRANTING TO SUCH PERSON THE RELIEF SET  FORTH  IN
 SUBDIVISION  ONE OF THIS SECTION, AND SUCH ORDER SHALL BE GRANTED UNLESS
 THE DISTRICT ATTORNEY DEMONSTRATES THAT THE INTERESTS OF JUSTICE REQUIRE
 OTHERWISE.
   6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT  AS  PROVIDED
 IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (E) OF
 SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE

 S. 9097                            22
 
 LAW: (I) WHEN THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  CONDUCTS  A
 SEARCH  OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVI-
 SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND
 RETURNS A REPORT THEREON, ALL REFERENCES TO A CONVICTION FOR A VIOLATION
 OF  SECTION 221.10 OF THE PENAL LAW, OTHER THAN A CONVICTION AFTER TRIAL
 OF, OR PLEA OF GUILTY TO, SUBDIVISION TWO OF SUCH SECTION 221.10,  SHALL
 BE  EXCLUDED  FROM  SUCH REPORT; AND (II) THE CHIEF ADMINISTRATOR OF THE
 COURTS SHALL DEVELOP AND PROMULGATE RULES AS MAY BE NECESSARY TO  ENSURE
 THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD SEARCH
 CONDUCTED  BY  THE  OFFICE  OF COURT ADMINISTRATION CONTAINS INFORMATION
 RELATING TO A CONVICTION FOR A VIOLATION OF SECTION 221.10 OF THE  PENAL
 LAW,  OTHER  THAN  A  CONVICTION  AFTER  TRIAL OF, OR PLEA OF GUILTY TO,
 SUBDIVISION TWO OF SUCH SECTION 221.10, UNLESS SUCH SEARCH IS  CONDUCTED
 SOLELY FOR A BONA FIDE RESEARCH PURPOSE, PROVIDED THAT SUCH INFORMATION,
 IF  SO DISSEMINATED, SHALL BE DISSEMINATED IN ACCORDANCE WITH PROCEDURES
 ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS TO ASSURE THE SECU-
 RITY AND PRIVACY OF IDENTIFICATION AND  INFORMATION  DATA,  WHICH  SHALL
 INCLUDE THE EXECUTION OF AN AGREEMENT WHICH PROTECTS THE CONFIDENTIALITY
 OF THE INFORMATION AND REASONABLY PROTECTS AGAINST DATA LINKAGE TO INDI-
 VIDUALS.
   (B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PERMIT OR
 REQUIRE  THE  RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE DIVISION
 OF CRIMINAL JUSTICE SERVICES OR THE OFFICE OF  COURT  ADMINISTRATION  OF
 CRIMINAL  HISTORY  RECORD INFORMATION THAT HAS BEEN SEALED IN ACCORDANCE
 WITH LAW.
   7. A PERSON CONVICTED OF A VIOLATION OF SECTION 221.05  OF  THE  PENAL
 LAW  SHALL,  ON  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  HAVE SUCH
 CONVICTION IMMEDIATELY  SEALED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION  IF SUCH CONVICTION OCCURRED LESS THAN THREE YEARS PRIOR TO SUCH
 EFFECTIVE DATE.
   § 20. Paragraph 1 of subdivision (a) of section 1180-b of the  vehicle
 and  traffic  law,  as  amended  by  chapter  43 of the laws of 2014, is
 amended to read as follows:
   1. Notwithstanding any other provision of law, the city of New York is
 hereby authorized to establish a demonstration program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to comply with posted maximum speed limits in a school speed zone within
 [the]  SUCH  city (i) when a school speed limit is in effect as provided
 in paragraphs one and two of subdivision (c) of section  eleven  hundred
 eighty  of this article or (ii) when other speed limits are in effect as
 provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
 eighty  of  this  article during the following times: (A) on school days
 during school hours and one hour before and one hour  after  the  school
 day,  and (B) a period during student activities at the school and up to
 thirty minutes immediately before and up to thirty  minutes  immediately
 after  such student activities. Such demonstration program shall empower
 the city OF NEW YORK to install photo speed violation monitoring systems
 within no more than [one hundred forty] TWO HUNDRED NINETY school  speed
 zones within [the] SUCH city at any one time and to operate such systems
 within  such  zones  (iii)  when  a  school  speed limit is in effect as
 provided in paragraphs one and two of subdivision (c) of section  eleven
 hundred  eighty  of  this article or (iv) when other speed limits are in
 effect as provided in subdivision (b), (d), (f) or (g) of section eleven
 hundred eighty of this article during the following times: (A) on school
 days during school hours and one hour before  and  one  hour  after  the
 school day, and (B) a period during student activities at the school and

 S. 9097                            23
 
 up  to  thirty minutes immediately before and up to thirty minutes imme-
 diately after such student activities.  In selecting a school speed zone
 in which to install and  operate  a  photo  speed  violation  monitoring
 system,  the city OF NEW YORK shall consider criteria including, but not
 limited to, the speed data, crash  history,  and  the  roadway  geometry
 applicable  to  such  school  speed zone. SUCH CITY SHALL PRIORITIZE THE
 PLACEMENT OF PHOTO SPEED VIOLATION MONITORING SYSTEMS  IN  SCHOOL  SPEED
 ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
 A  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL NOT BE INSTALLED OR
 OPERATED ON A  CONTROLLED-ACCESS  HIGHWAY  EXIT  RAMP  OR  WITHIN  THREE
 HUNDRED  FEET  ALONG  A  HIGHWAY  THAT CONTINUES FROM THE END OF A CONT-
 ROLLED-ACCESS HIGHWAY EXIT RAMP.
   § 21. Paragraph 2 of subdivision (a) of section 1180-b of the  vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   2.  No  photo  speed  violation  monitoring  system shall be used in a
 school speed zone unless (i) on the day it is to be used it has success-
 fully passed a self-test of its functions; and (ii) it has undergone  an
 annual  calibration  check  performed pursuant to paragraph four of this
 subdivision. The city [may] SHALL install signs  giving  notice  that  a
 photo  speed  violation  monitoring  system  is  in use to be mounted on
 advance warning signs notifying APPROACHING motor vehicle  operators  of
 such  upcoming  school speed zone and/or on speed limit signs applicable
 within such school speed zone, in conformance with standards established
 in the MUTCD. SUCH ADVANCE WARNING  SIGNS  SHALL  ALSO,  TO  THE  EXTENT
 AUTHORIZED  BY  THE MUTCD, CONTAIN THE WORDS "SPEED CAMERA AHEAD" AND BE
 NO MORE THAN THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEM.
   § 22. Paragraph 4 of subdivision (c) of section 1180-b of the  vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   4.  "school speed zone" shall mean a RADIAL distance not to exceed one
 thousand three hundred twenty feet [on a highway passing] FROM a  school
 building, entrance, or exit [of a school abutting on the highway].
   §  23.  Subdivision  (n)  of section 1180-b of the vehicle and traffic
 law, as added by chapter 189 of the laws of 2013, is amended to read  as
 follows:
   (n) If the city adopts a demonstration program pursuant to subdivision
 [one]  (A)  of  this  section it shall conduct a study and submit [a] AN
 ANNUAL report on the results of the use of photo devices to  the  gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly  ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME DATE
 IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS  OPERABLE.
 Such report shall include:
   1. the locations where and dates when photo speed violation monitoring
 systems were used;
   2.  the  aggregate  number,  type and severity of crashes, fatalities,
 injuries and property damage reported  within  all  school  speed  zones
 within  the  city,  to  the  extent the information is maintained by the
 department of motor vehicles of this state;
   3. the aggregate number, type and  severity  of  crashes,  fatalities,
 injuries  and  property  damage reported within school speed zones where
 photo speed violation monitoring systems were used, to  the  extent  the
 information  is  maintained  by the department of motor vehicles of this
 state;

 S. 9097                            24
 
   4. the number of violations recorded within  all  school  speed  zones
 within the city, in the aggregate on a daily, weekly and monthly basis;
   5.  the  number  of  violations recorded within each school speed zone
 where a photo speed violation monitoring system is used, in  the  aggre-
 gate on a daily, weekly and monthly basis;
   6.  the  number  of  violations recorded within all school speed zones
 within the city that were:
   (i) more than ten but not more than twenty miles  per  hour  over  the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   7.  the  number  of  violations recorded within each school speed zone
 where a photo speed violation monitoring system is used that were:
   (i) more than ten but not more than twenty miles  per  hour  over  the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   8.  the  total  number  of  notices of liability issued for violations
 recorded by such systems;
   9. the number of fines and total amount of fines paid after the  first
 notice of liability issued for violations recorded by such systems;
   10. the number of violations adjudicated and the results of such adju-
 dications  including  breakdowns  of  dispositions  made  for violations
 recorded by such systems;
   11. the total amount of revenue realized by  the  city  in  connection
 with the program;
   12.  the expenses incurred by the city in connection with the program;
 [and]
   13. the quality of the adjudication process and its results; AND
   14. THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR  SUCH
 PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
 CRASHES.
   § 24. The opening paragraph of section 12 of chapter 43 of the laws of
 2014,  amending the vehicle and traffic law, the public officers law and
 the general municipal law relating to photo speed  violation  monitoring
 systems  in  school  speed  zones in the city of New York, is amended to
 read as follows:
   This act shall take effect on the thirtieth day after  it  shall  have
 become  a  law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF THIS ACT
 shall expire 4 years after such effective date when upon such  date  the
 provisions  of  SUCH  SECTIONS OF this act shall be deemed repealed; and
 provided further that any rules necessary for the implementation of this
 act on its effective date shall be promulgated on or before such  effec-
 tive date, provided that:
   §  25.  The opening paragraph of section 15 of chapter 189 of the laws
 of 2013, amending the vehicle and traffic law and  the  public  officers
 law  relating to establishing in a city with a population of one million
 or more a demonstration program implementing speed violation  monitoring
 systems  in  school speed zones by means of photo devices, is amended to
 read as follows:

 S. 9097                            25
 
   This act shall take effect on the thirtieth day after  it  shall  have
 become  a  law  and shall expire [5 years after such effective date when
 upon such date the provisions of this act shall] AND be deemed  repealed
 JULY  1,  2022;  and  provided  further that any rules necessary for the
 implementation of this act on its effective date shall be promulgated on
 or before such effective date, provided that:
   §  26.  Photo speed violation monitoring systems within the additional
 150 school speed zones authorized for the city of New York by  paragraph
 1  of  subdivision (a) of section 1180-b of the vehicle and traffic law,
 as amended by section one  of  this  act,  shall  be  authorized  to  be
 installed  over  the  3 year period following the effective date of this
 act as follows:
   (a) in no more than 50 school speed zones during the first such year;
   (b) in no more than 50 additional school speed zones during the second
 such year; and
   (c) in no more than 50 additional school speed zones during the  third
 such year.
   §  27. Subdivision 1 of section 235 of the vehicle and traffic law, as
 amended by section 1 of chapter 222 of the laws of 2015, is  amended  to
 read as follows:
   1.  Notwithstanding any inconsistent provision of any general, special
 or local law or administrative code to the contrary, in any  city  which
 heretofore  or  hereafter  is  authorized to establish an administrative
 tribunal to hear and determine complaints of traffic infractions consti-
 tuting parking, standing or stopping violations, or  to  adjudicate  the
 liability  of owners for violations of subdivision (d) of section eleven
 hundred eleven of this chapter in accordance with section eleven hundred
 eleven-a of this chapter, or to adjudicate the liability of  owners  for
 violations  of  subdivision (d) of section eleven hundred eleven of this
 chapter in accordance with sections  eleven  hundred  eleven-b  of  this
 chapter as added by sections sixteen of chapters twenty, twenty-one, and
 twenty-two  of  the  laws  of  two  thousand  nine, or to adjudicate the
 liability of owners for violations of subdivision (d) of section  eleven
 hundred eleven of this chapter in accordance with section eleven hundred
 eleven-d  of  this chapter, or to adjudicate the liability of owners for
 violations of subdivision (d) of section eleven hundred eleven  of  this
 chapter in accordance with section eleven hundred eleven-e of this chap-
 ter,  or  to  adjudicate  the liability of owners for violations of toll
 collection  regulations  as  defined  in  and  in  accordance  with  the
 provisions  of  section  two  thousand  nine  hundred eighty-five of the
 public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
 of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
 fifty, or to adjudicate liability of owners in accordance  with  section
 eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
 restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
 section, or to adjudicate the liability  of  owners  for  violations  of
 section eleven hundred eighty of this chapter in accordance with section
 eleven  hundred eighty-b of this chapter, OR TO ADJUDICATE THE LIABILITY
 OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS  CHAP-
 TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
 such tribunal and the rules and regulations pertaining thereto shall  be
 constituted in substantial conformance with the following sections.
   §  28.  Section  235  of  the  vehicle  and traffic law, as amended by
 section 1-a of chapter 222 of the laws of 2015, is amended  to  read  as
 follows:

 S. 9097                            26
 
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-a of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of this  chapter  in  accordance  with  sections  eleven  hundred
 eleven-b  of this chapter as added by sections sixteen of chapters twen-
 ty, twenty-one, and twenty-two of the laws of two thousand nine,  or  to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-d of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of  this chapter, or to adjudicate the liability of owners for
 violations of toll collection regulations as defined in and  in  accord-
 ance  with  the  provisions of section two thousand nine hundred eighty-
 five of the public authorities law and sections sixteen-a, sixteen-b and
 sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 hundred  fifty,  or to adjudicate liability of owners in accordance with
 section eleven hundred eleven-c of this chapter for  violations  of  bus
 lane  restrictions  as  defined  in  such  section, or to adjudicate the
 liability of owners for violations of subdivision (b), (c), (d), (f)  or
 (g)  of section eleven hundred eighty of this chapter in accordance with
 section eleven hundred eighty-b of this chapter, OR  TO  ADJUDICATE  THE
 LIABILITY  OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
 (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE  WITH
 SECTION  ELEVEN  HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the
 rules  and  regulations  pertaining  thereto  shall  be  constituted  in
 substantial conformance with the following sections.
   §  28-a.  Section  235  of  the vehicle and traffic law, as amended by
 section 1-b of chapter 222 of the laws of 2015, is amended  to  read  as
 follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven  hundred  eleven  of  this  chapter  in  accordance  with
 sections  eleven  hundred  eleven-b of this chapter as added by sections
 sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
 two  thousand  nine,  or  to  adjudicate  the  liability  of  owners for
 violations of subdivision (d) of section eleven hundred eleven  of  this
 chapter in accordance with section eleven hundred eleven-d of this chap-
 ter, or to adjudicate the liability of owners for violations of subdivi-
 sion  (d) of section eleven hundred eleven of this chapter in accordance
 with section eleven hundred eleven-e of this chapter, or  to  adjudicate
 the liability of owners for violations of toll collection regulations as
 defined in and in accordance with the provisions of section two thousand
 nine  hundred  eighty-five  of  the  public authorities law and sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of

 S. 9097                            27
 
 owners  in accordance with section eleven hundred eleven-c of this chap-
 ter for violations of bus lane restrictions as defined in such  section,
 or  to  adjudicate the liability of owners for violations of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-b of this chapter,
 OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
 TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
 such tribunal and the rules and regulations pertaining thereto shall  be
 constituted in substantial conformance with the following sections.
   §  28-b.  Section  235  of  the vehicle and traffic law, as amended by
 section 1-c of chapter 222 of the laws of 2015, is amended  to  read  as
 follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-d of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of  this chapter, or to adjudicate the liability of owners for
 violations of toll collection regulations as defined in and  in  accord-
 ance  with  the  provisions of section two thousand nine hundred eighty-
 five of the public authorities law and sections sixteen-a, sixteen-b and
 sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 hundred  fifty,  or to adjudicate liability of owners in accordance with
 section eleven hundred eleven-c of this chapter for  violations  of  bus
 lane  restrictions  as  defined  in  such  section, or to adjudicate the
 liability of owners for violations of subdivision (b), (c), (d), (f)  or
 (g)  of section eleven hundred eighty of this chapter in accordance with
 section eleven hundred eighty-b of this chapter, OR  TO  ADJUDICATE  THE
 LIABILITY  OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
 (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE  WITH
 SECTION  ELEVEN  HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the
 rules  and  regulations  pertaining  thereto  shall  be  constituted  in
 substantial conformance with the following sections.
   §  28-c.  Section  235  of  the vehicle and traffic law, as amended by
 section 1-d of chapter 222 of the laws of 2015, is amended  to  read  as
 follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-d of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of  this chapter, or to adjudicate the liability of owners for
 violations of toll collection regulations as defined in and  in  accord-
 ance  with  the  provisions of section two thousand nine hundred eighty-
 five of the public authorities law and sections sixteen-a, sixteen-b and

 S. 9097                            28
 
 sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 hundred  fifty,  or  to adjudicate liability of owners for violations of
 subdivisions (c) and (d) of section eleven hundred eighty of this  chap-
 ter  in accordance with section eleven hundred eighty-b of this chapter,
 OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
 TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
 such tribunal and the rules and regulations pertaining thereto shall  be
 constituted in substantial conformance with the following sections.
   §  28-d.  Section  235  of  the vehicle and traffic law, as amended by
 section 1-e of chapter 222 of the laws of 2015, is amended  to  read  as
 follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-d of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of  this chapter, or to adjudicate the liability of owners for
 violations of toll collection regulations as defined in and  in  accord-
 ance  with  the  provisions of section two thousand nine hundred eighty-
 five of the public authorities law and sections sixteen-a, sixteen-b and
 sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 hundred  fifty,  OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
 OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-D OF THIS  CHAPTER,  such  tribunal  and  the  rules  and  regulations
 pertaining  thereto shall be constituted in substantial conformance with
 the following sections.
   § 28-e. Section 235 of the vehicle and  traffic  law,  as  amended  by
 section  1-f  of  chapter 222 of the laws of 2015, is amended to read as
 follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any city which heretofore or hereafter is  authorized  to  establish  an
 administrative  tribunal  to  hear  and  determine complaints of traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate the liability of owners for violations of subdivision (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred eleven-e of this chapter, or to adjudicate the liability
 of owners for violations of toll collection regulations  as  defined  in
 and  in  accordance  with  the  provisions  of section two thousand nine
 hundred  eighty-five  of  the  public  authorities  law   and   sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty, OR TO ADJUDICATE THE LIABILITY OF
 OWNERS  FOR  VIOLATIONS  OF  SUBDIVISION  (B),  (C),  (D), (F) OR (G) OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the rules and
 regulations pertaining  thereto  shall  be  constituted  in  substantial
 conformance with the following sections.

 S. 9097                            29

   §  28-f.  Section  235  of  the vehicle and traffic law, as separately
 amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
 of 1992, is amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the  liability  of  owners for violations of toll collection
 regulations as defined in and  in  accordance  with  the  provisions  of
 section  two thousand nine hundred eighty-five of the public authorities
 law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
 hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
 DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION  (B),  (C),
 (D),  (F)  OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF  THIS  CHAPTER,  such
 tribunal  and  the  rules  and  regulations  pertaining thereto shall be
 constituted in substantial conformance with the following sections.
   § 29. Subdivision 1 of section 236 of the vehicle and traffic law,  as
 amended  by  section 2 of chapter 222 of the laws of 2015, is amended to
 read as follows:
   1. Creation. In any city as hereinbefore or hereafter authorized  such
 tribunal  when  created  shall be known as the parking violations bureau
 and shall have jurisdiction of traffic infractions  which  constitute  a
 parking violation and, where authorized by local law adopted pursuant to
 subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
 subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
 of  the  laws of two thousand nine, or subdivision (a) of section eleven
 hundred eleven-d of this chapter, or subdivision (a) of  section  eleven
 hundred  eleven-e  of  this  chapter,  shall adjudicate the liability of
 owners for violations of subdivision (d) of section eleven hundred elev-
 en of this chapter  in  accordance  with  such  section  eleven  hundred
 eleven-a,  sections eleven hundred eleven-b as added by sections sixteen
 of chapters twenty, twenty-one, and twenty-two of the laws of two  thou-
 sand  nine, or section eleven hundred eleven-d or section eleven hundred
 eleven-e and shall adjudicate the liability of owners for violations  of
 toll  collection  regulations  as  defined in and in accordance with the
 provisions of section two  thousand  nine  hundred  eighty-five  of  the
 public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
 of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
 fifty  and  shall  adjudicate  liability  of  owners  in accordance with
 section eleven hundred eleven-c of this chapter for  violations  of  bus
 lane  restrictions  as  defined in such section and shall adjudicate the
 liability of owners for violations of subdivision (b), (c), (d), (f)  or
 (g)  of section eleven hundred eighty of this chapter in accordance with
 section eleven hundred eighty-b of this chapter AND SHALL ADJUDICATE THE
 LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F)  OR
 (G)  OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. Such  tribunal,  except
 in  a  city  with  a  population of one million or more, shall also have
 jurisdiction of abandoned vehicle violations. For the purposes  of  this
 article,  a parking violation is the violation of any law, rule or regu-
 lation providing for or regulating the parking, stopping or standing  of
 a  vehicle.  In  addition  for  purposes of this article, "commissioner"

 S. 9097                            30
 
 shall mean and include the commissioner of traffic of  the  city  or  an
 official possessing authority as such a commissioner.
   §  29-a.  Subdivision 1 of section 236 of the vehicle and traffic law,
 as amended by section 2-a of chapter 222 of the laws of 2015, is amended
 to read as follows:
   1. Creation. In any city as hereinbefore or hereafter authorized  such
 tribunal  when  created  shall be known as the parking violations bureau
 and shall have jurisdiction of traffic infractions  which  constitute  a
 parking violation and, where authorized by local law adopted pursuant to
 subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
 of the laws of two thousand nine, or subdivision (a) of  section  eleven
 hundred  eleven-d  of this chapter, or subdivision (a) of section eleven
 hundred eleven-e of this chapter,  shall  adjudicate  the  liability  of
 owners for violations of subdivision (d) of section eleven hundred elev-
 en  of  this  chapter  in  accordance  with such sections eleven hundred
 eleven-b as added by sections sixteen of  chapters  twenty,  twenty-one,
 and  twenty-two  of  the  laws  of  two  thousand nine or section eleven
 hundred eleven-d or section eleven hundred eleven-e; and  shall  adjudi-
 cate  liability  of  owners  in  accordance  with section eleven hundred
 eleven-c of this chapter for violations  of  bus  lane  restrictions  as
 defined  in  such  section  and shall adjudicate liability of owners for
 violations of subdivisions (c) and (d) of section eleven hundred  eighty
 of  this  chapter  in accordance with section eleven hundred eighty-b of
 this chapter AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
 OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-D OF THIS CHAPTER.   For the  purposes  of  this  article,  a  parking
 violation  is the violation of any law, rule or regulation providing for
 or regulating the parking, stopping or standing of a vehicle.  In  addi-
 tion for purposes of this article, "commissioner" shall mean and include
 the  commissioner  of  traffic  of  the  city  or an official possessing
 authority as such a commissioner.
   § 29-b. Subdivision 1 of section 236 of the vehicle and  traffic  law,
 as amended by section 2-b of chapter 222 of the laws of 2015, is amended
 to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and  shall  have  jurisdiction of traffic infractions which constitute a
 parking violation and, where authorized by local law adopted pursuant to
 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
 section eleven  hundred  eleven-e  of  this  chapter,  shall  adjudicate
 liability  of  owners in accordance with section eleven hundred eleven-c
 of this chapter for violations of bus lane restrictions  as  defined  in
 such   section;  and  shall  adjudicate  the  liability  of  owners  for
 violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b  of  this chapter; AND SHALL ADJUDICATE THE LIABILITY OF OWNERS
 FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEV-
 EN HUNDRED EIGHTY OF THIS CHAPTER  IN  ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED  EIGHTY-D  OF THIS CHAPTER.  For the purposes of this article, a
 parking violation is the  violation  of  any  law,  rule  or  regulation
 providing for or regulating the parking, stopping or standing of a vehi-
 cle. In addition for purposes of this article, "commissioner" shall mean
 and  include  the  commissioner  of  traffic  of the city or an official
 possessing authority as such a commissioner.

 S. 9097                            31
 
   § 29-c. Subdivision 1 of section 236 of the vehicle and  traffic  law,
 as amended by section 2-c of chapter 222 of the laws of 2015, is amended
 to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and,  where  authorized by local law adopted pursuant to subdivision (a)
 of section eleven hundred eleven-d of this chapter or subdivision (a) of
 section eleven hundred eleven-e of this chapter, shall have jurisdiction
 of traffic infractions which constitute a parking  violation  and  shall
 adjudicate  the  liability  of owners for violations of subdivision (b),
 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
 accordance with section eleven hundred  eighty-b  of  this  chapter  AND
 SHALL  ADJUDICATE  THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
 TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS  CHAPTER.
 For  the  purposes of this article, a parking violation is the violation
 of any law, rule or regulation providing for or regulating the  parking,
 stopping  or  standing  of  a  vehicle. In addition for purposes of this
 article, "commissioner" shall mean and include the commissioner of traf-
 fic of the city or an official possessing authority as  such  a  commis-
 sioner.
   §  29-d.  Subdivision 1 of section 236 of the vehicle and traffic law,
 as amended by section 2-d of chapter 222 of the laws of 2015, is amended
 to read as follows:
   1. Creation. In any city as hereinbefore or hereafter authorized  such
 tribunal  when  created  shall be known as the parking violations bureau
 and, where authorized by local law adopted pursuant to  subdivision  (a)
 of section eleven hundred eleven-d of this chapter or subdivision (a) of
 section eleven hundred eleven-e of this chapter, shall have jurisdiction
 of  traffic  infractions  which constitute a parking violation AND SHALL
 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISION  (B),
 (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.  For
 the purposes of this article, a parking violation is  the  violation  of
 any  law,  rule  or  regulation providing for or regulating the parking,
 stopping or standing of a vehicle. In  addition  for  purposes  of  this
 article, "commissioner" shall mean and include the commissioner of traf-
 fic  of  the  city or an official possessing authority as such a commis-
 sioner.
   § 29-e. Subdivision 1 of section 236 of the vehicle and  traffic  law,
 as amended by section 2-e of chapter 222 of the laws of 2015, is amended
 to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and where authorized by local law adopted pursuant to subdivision (a) of
 section eleven hundred eleven-e of this chapter, shall have jurisdiction
 of  traffic  infractions  which constitute a parking violation AND SHALL
 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISION  (B),
 (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. For the
 purposes  of  this  article, a parking violation is the violation of any
 law, rule or regulation providing for or regulating the  parking,  stop-
 ping or standing of a vehicle. In addition for purposes of this article,
 "commissioner" shall mean and include the commissioner of traffic of the
 city or an official possessing authority as such a commissioner.

 S. 9097                            32

   §  29-f.  Subdivision 1 of section 236 of the vehicle and traffic law,
 as added by chapter 715 of the laws of  1972,  is  amended  to  read  as
 follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and  shall  have  jurisdiction of traffic infractions which constitute a
 parking violation AND SHALL  ADJUDICATE  THE  LIABILITY  OF  OWNERS  FOR
 VIOLATIONS  OF  SUBDIVISION  (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 EIGHTY-D OF THIS CHAPTER.  For the purposes of this article,  a  parking
 violation  is the violation of any law, rule or regulation providing for
 or regulating the parking, stopping or standing of a vehicle.  In  addi-
 tion for purposes of this article, "commissioner" shall mean and include
 the  commissioner  of  traffic  of  the  city  or an official possessing
 authority as such a commissioner.
   § 30. Section 237 of the vehicle and traffic law is amended by  adding
 a new subdivision 16 to read as follows:
   16.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
 SION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS
 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAP-
 TER.
   §  31.  Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
 is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision  nine  of  section two hundred thirty-seven of this article,
 but shall not be deemed to include a notice of liability issued pursuant
 to authorization set forth in section eleven hundred  eleven-a  of  this
 chapter, or sections eleven hundred eleven-b of this chapter as added by
 sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
 laws of two thousand nine, or section eleven hundred  eleven-d  of  this
 chapter,  or  section eleven hundred eleven-e of this chapter, and shall
 not be deemed to include  a  notice  of  liability  issued  pursuant  to
 section  two thousand nine hundred eighty-five of the public authorities
 law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
 hundred seventy-four of the laws of nineteen hundred fifty and shall not
 be  deemed  to  include a notice of liability issued pursuant to section
 eleven hundred eleven-c of this chapter  and  shall  not  be  deemed  to
 include  a notice of liability issued pursuant to section eleven hundred
 eighty-b of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE  OF
 LIABILITY  ISSUED  PURSUANT  TO  SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
 CHAPTER.
   § 31-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic law, as amended by section 4-a of chapter 222  of  the  laws  of
 2015, is amended to read as follows:
   f.  "Notice  of  violation"  means a notice of violation as defined in
 subdivision nine of section two hundred thirty-seven of this article but
 shall not be deemed to include a notice of liability issued pursuant  to
 authorization  set  forth  in  sections  eleven hundred eleven-b of this
 chapter as added by sections sixteen of chapters twenty, twenty-one, and
 twenty-two of the laws of two thousand nine or  section  eleven  hundred
 eleven-d  of  this  chapter  or  section eleven hundred eleven-e of this
 chapter and shall not be deemed to include a notice of liability  issued
 pursuant  to  section  eleven hundred eleven-c of this chapter and shall
 not be deemed to include  a  notice  of  liability  issued  pursuant  to
 section  eleven hundred eighty-b of this chapter AND SHALL NOT BE DEEMED

 S. 9097                            33
 
 TO INCLUDE A NOTICE OF  LIABILITY  ISSUED  PURSUANT  TO  SECTION  ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER.
   § 31-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic  law,  as  amended  by section 4-b of chapter 222 of the laws of
 2015, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article and
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in section eleven hundred eleven-d of this chap-
 ter or to a notice of liability issued  pursuant  to  authorization  set
 forth  in  section eleven hundred eleven-e of this chapter and shall not
 be deemed to include a notice of liability issued  pursuant  to  section
 eleven  hundred  eleven-c  of  this  chapter  and shall not be deemed to
 include a notice of liability issued pursuant to section eleven  hundred
 eighty-b  of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
 LIABILITY ISSUED PURSUANT TO SECTION ELEVEN  HUNDRED  EIGHTY-D  OF  THIS
 CHAPTER.
   § 31-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic  law,  as  amended  by section 4-c of chapter 222 of the laws of
 2015, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article and
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in section eleven hundred eleven-d of this chap-
 ter or to a notice of liability issued  pursuant  to  authorization  set
 forth  in  section eleven hundred eleven-e of this chapter and shall not
 be deemed to include a notice of liability issued  pursuant  to  section
 eleven  hundred  eighty-b  of  this  chapter  AND SHALL NOT BE DEEMED TO
 INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN  HUNDRED
 EIGHTY-D OF THIS CHAPTER.
   § 31-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic  law,  as  amended  by section 4-d of chapter 222 of the laws of
 2015, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article and
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in section eleven hundred eleven-d of this chap-
 ter or to a notice of liability issued  pursuant  to  authorization  set
 forth  in  section eleven hundred eleven-e of this chapter AND SHALL NOT
 BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED  PURSUANT  TO  SECTION
 ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
   § 31-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic  law,  as  amended  by section 4-e of chapter 222 of the laws of
 2015, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article and
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in section eleven hundred eleven-e of this chap-
 ter AND SHALL NOT BE DEEMED TO INCLUDE  A  NOTICE  OF  LIABILITY  ISSUED
 PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
   § 31-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic  law, as added by chapter 180 of the laws of 1980, is amended to
 read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article AND

 S. 9097                            34
 
 SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
 SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
   § 32. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
 law,  as  amended  by  section 5 of chapter 222 of the laws of 2015, are
 amended to read as follows:
   1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
 violation  enters  a plea of not guilty or a person alleged to be liable
 in accordance with section eleven hundred eleven-a of  this  chapter  or
 sections  eleven  hundred  eleven-b of this chapter as added by sections
 sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
 two thousand nine or section eleven hundred eleven-d of this chapter, or
 section  eleven  hundred  eleven-e  of  this chapter, for a violation of
 subdivision (d)  of  section  eleven  hundred  eleven  of  this  chapter
 contests such allegation, or a person alleged to be liable in accordance
 with  the provisions of section two thousand nine hundred eighty-five of
 the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty, or a person alleged to be liable in accordance  with  the
 provisions  of  section  eleven  hundred  eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section  contests
 such allegation, or a person alleged to be liable in accordance with the
 provisions  of  section  eleven  hundred  eighty-b of this chapter for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred  eighty  of  this  chapter contests such allegation, OR A PERSON
 ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER FOR A  VIOLATION  OF  SUBDIVISION  (B),
 (C),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
 CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
 by such form of first class mail as the director may direct of the  date
 on  which  he  or she must appear to answer the charge at a hearing. The
 form and content of such notice of hearing shall be  prescribed  by  the
 director,  and  shall contain a warning to advise the person so pleading
 or contesting that failure to appear on the date designated, or  on  any
 subsequent  adjourned  date,  shall be deemed an admission of liability,
 and that a default judgment may be entered thereon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance  with  section eleven hundred eleven-a of this chapter or
 sections eleven hundred eleven-b of this chapter as  added  by  sections
 sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
 two thousand nine or section eleven hundred eleven-d of this chapter  or
 section  eleven  hundred  eleven-e  of  this chapter or an allegation of
 liability in accordance with section two thousand nine  hundred  eighty-
 five  of the public authorities law or sections sixteen-a, sixteen-b and
 sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 hundred  fifty  or an allegation of liability in accordance with section
 eleven hundred eleven-c of this chapter or an allegation of liability in
 accordance with section eleven hundred eighty-b of this  chapter  OR  AN
 ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-D OF THIS CHAPTER, is being contested, by a person in a timely fashion
 and  a  hearing  upon the merits has been demanded, but has not yet been
 held, the bureau shall not issue any notice of fine or penalty  to  that
 person prior to the date of the hearing.
   § 32-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic  law,  as amended by section 5-a of chapter 222 of the laws of 2015,
 are amended to read as follows:

 S. 9097                            35

   1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
 violation  enters  a plea of not guilty or a person alleged to be liable
 in accordance with sections eleven hundred eleven-b of this  chapter  as
 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
 of  the  laws of two thousand nine or section eleven hundred eleven-d of
 this chapter or section eleven hundred eleven-e of this  chapter  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter, or a person  alleged  to  be  liable  in  accordance  with  the
 provisions  of  section  eleven  hundred  eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section  contests
 such allegation, or a person alleged to be liable in accordance with the
 provisions  of  section  eleven  hundred  eighty-b  of  this chapter for
 violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
 hundred  eighty  of  this  chapter contests such allegation, OR A PERSON
 ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER FOR A  VIOLATION  OF  SUBDIVISION  (B),
 (C),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
 CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
 by such form of first class mail as the director may direct of the  date
 on  which  he  or she must appear to answer the charge at a hearing. The
 form and content of such notice of hearing shall be  prescribed  by  the
 director,  and  shall contain a warning to advise the person so pleading
 or contesting that failure to appear on the date designated, or  on  any
 subsequent  adjourned  date,  shall be deemed an admission of liability,
 and that a default judgment may be entered thereon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance with sections eleven hundred eleven-b of this chapter, as
 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
 of the laws of two thousand nine or in accordance  with  section  eleven
 hundred  eleven-d  of this chapter, or in accordance with section eleven
 hundred eleven-e of this  chapter  or  an  allegation  of  liability  in
 accordance  with  section  eleven hundred eleven-c of this chapter or an
 allegation of liability in accordance with section eleven hundred eight-
 y-b of this chapter OR AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH
 SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is being contested, by a
 person  in  a  timely  fashion  and  a  hearing upon the merits has been
 demanded, but has not yet been held, the  bureau  shall  not  issue  any
 notice  of fine or penalty to that person prior to the date of the hear-
 ing.
   § 32-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as amended by section 5-b of chapter 222 of the laws  of  2015,
 are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty or a person alleged to  be  liable
 in accordance with section eleven hundred eleven-d of this chapter or in
 accordance  with  section  eleven hundred eleven-e of this chapter or in
 accordance with the provisions of section  eleven  hundred  eleven-c  of
 this  chapter  for  a  violation of a bus lane restriction as defined in
 such section, contests such allegation, or a person alleged to be liable
 in accordance with the provisions of section eleven hundred eighty-b  of
 this  chapter for violations of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter contests such  allegation,
 OR  A  PERSON  ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION ELEVEN HUNDRED EIGHTY-D OF  THIS  CHAPTER  FOR  A  VIOLATION  OF
 SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY

 S. 9097                            36
 
 OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall  advise  such
 person  personally  by such form of first class mail as the director may
 direct of the date on which he or she must appear to answer  the  charge
 at  a  hearing.  The form and content of such notice of hearing shall be
 prescribed by the director, and shall contain a warning  to  advise  the
 person  so pleading that failure to appear on the date designated, or on
 any subsequent adjourned date, shall be deemed an admission  of  liabil-
 ity, and that a default judgment may be entered thereon.
   1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
 entered, or the bureau has been notified that an allegation of liability
 in accordance with section eleven hundred eleven-d of this chapter or in
 accordance with section eleven hundred eleven-e of this  chapter  or  in
 accordance  with  section  eleven hundred eleven-c of this chapter or an
 allegation of liability in accordance with section eleven hundred eight-
 y-b of this chapter OR AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH
 SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is being contested, by a
 person  in  a  timely  fashion  and  a  hearing upon the merits has been
 demanded, but has not yet been held, the  bureau  shall  not  issue  any
 notice  of fine or penalty to that person prior to the date of the hear-
 ing.
   § 32-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as amended by section 5-c of chapter 222 of the laws  of  2015,
 are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, or a person alleged to be  liable
 in accordance with section eleven hundred eleven-d of this chapter, or a
 person  alleged  to  be liable in accordance with section eleven hundred
 eleven-e of this chapter, or a person alleged to be liable in accordance
 with the provisions of section eleven hundred eighty-b of  this  chapter
 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
 en  hundred eighty of this chapter contests such allegation, OR A PERSON
 ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER FOR A  VIOLATION  OF  SUBDIVISION  (B),
 (C),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
 CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
 by such form of first class mail as the director may direct of the  date
 on  which  he  or she must appear to answer the charge at a hearing. The
 form and content of such notice of hearing shall be  prescribed  by  the
 director,  and  shall contain a warning to advise the person so pleading
 that failure to appear on the date  designated,  or  on  any  subsequent
 adjourned  date,  shall  be deemed an admission of liability, and that a
 default judgment may be entered thereon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance  with section eleven hundred eleven-d of this chapter, or
 the bureau has been notified that an allegation of liability in  accord-
 ance with section eleven hundred eleven-e of this chapter, or the bureau
 has  been  notified  that  an allegation of liability in accordance with
 section eleven hundred eighty-b of this chapter,  OR  AN  ALLEGATION  OF
 LIABILITY  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
 CHAPTER, is being contested, by a person in a timely fashion and a hear-
 ing upon the merits has been demanded, but has not yet  been  held,  the
 bureau  shall  not  issue  any  notice of fine or penalty to that person
 prior to the date of the hearing.

 S. 9097                            37
 
   § 32-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as amended by section 5-d of chapter 222 of the laws  of  2015,
 are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, or a person alleged to be  liable
 in  accordance  with  section  eleven  hundred  eleven-d of this chapter
 contests such allegation, or a person alleged to be liable in accordance
 with section eleven hundred eleven-e of this chapter contests such alle-
 gation, OR A  PERSON  ALLEGED  TO  BE  LIABLE  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SECTION  ELEVEN  HUNDRED  EIGHTY-D OF THIS CHAPTER FOR A
 VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR  (G)  OF  SECTION  ELEVEN
 HUNDRED  EIGHTY  OF  THIS  CHAPTER  CONTESTS SUCH ALLEGATION, the bureau
 shall advise such person personally by such form of first class mail  as
 the  director  may  direct of the date on which he or she must appear to
 answer the charge at a hearing. The form and content of such  notice  of
 hearing shall be prescribed by the director, and shall contain a warning
 to  advise  the  person  so  pleading that failure to appear on the date
 designated, or on any subsequent adjourned  date,  shall  be  deemed  an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
 entered, or the bureau has been notified that an allegation of liability
 in accordance with section eleven hundred eleven-d of this  chapter,  is
 being  contested,  or the bureau has been notified that an allegation of
 liability in accordance with section eleven  hundred  eleven-e  of  this
 chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED  EIGHTY-D  OF THIS CHAPTER, is being contested, by a person in a
 timely fashion and a hearing upon the merits has been demanded, but  has
 not  yet  been  held,  the  bureau shall not issue any notice of fine or
 penalty to that person prior to the date of the hearing.
   § 32-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as amended by section 5-e of chapter 222 of the laws  of  2015,
 are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, or a person alleged to be  liable
 in  accordance  with  section  eleven  hundred  eleven-e of this chapter
 contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE
 WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF  THIS  CHAPTER
 FOR  A  VIOLATION  OF  SUBDIVISION  (B), (C), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS  CHAPTER  CONTESTS  SUCH  ALLEGATION,  the
 bureau  shall  advise such person personally by such form of first class
 mail as the director may direct of the date on  which  he  or  she  must
 appear  to  answer the charge at a hearing. The form and content of such
 notice of hearing shall be prescribed by the director, and shall contain
 a warning to advise the person so pleading that failure to appear on the
 date designated, or on any subsequent adjourned date, shall be deemed an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance  with section eleven hundred eleven-e of this chapter, OR
 AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
 EIGHTY-D  OF  THIS  CHAPTER, is being contested, by a person in a timely
 fashion and a hearing upon the merits has been demanded, but has not yet
 been held, the bureau shall not issue any notice of fine or  penalty  to
 that person prior to the date of the hearing.

 S. 9097                            38
 
   § 32-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic  law, subdivision 1 as added by chapter 715 of the laws of 1972, and
 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
 to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE  LIABLE
 IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF
 THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH  ALLEGATION,
 the  bureau  shall  advise  such person personally by such form of first
 class mail as the director may direct of  the  date  on  which  he  must
 appear  to  answer the charge at a hearing. The form and content of such
 notice of hearing shall be prescribed by the director, and shall contain
 a warning to advise the person so pleading that failure to appear on the
 date designated, or on any subsequent adjourned date, shall be deemed an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
 IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER IS
 BEING CONTESTED, by a person in a timely fashion and a hearing upon  the
 merits  has  been  demanded, but has not yet been held, the bureau shall
 not issue any notice of fine or penalty to that person prior to the date
 of the hearing.
   § 33. Paragraphs a and g of subdivision 2 of section 240 of the  vehi-
 cle  and traffic law, as amended by section 6 of chapter 222 of the laws
 of 2015, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with section eleven  hundred
 eleven-a  of  this chapter or in accordance with sections eleven hundred
 eleven-b of this chapter as added by sections sixteen of chapters  twen-
 ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
 accordance with section eleven hundred eleven-d of this  chapter  or  in
 accordance  with  section  eleven hundred eleven-e of this chapter or an
 allegation of liability in accordance with  section  two  thousand  nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty or an allegation of liability in  accord-
 ance  with section eleven hundred eleven-c of this chapter or an allega-
 tion of liability in accordance with section eleven hundred eighty-b  of
 this  chapter,  OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, shall be held before a  hearing
 examiner  in  accordance  with  rules and regulations promulgated by the
 bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing at which liability in accordance  with  section  eleven  hundred
 eleven-a  of  this chapter or in accordance with sections eleven hundred
 eleven-b of this chapter as added by sections sixteen of chapters  twen-
 ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
 accordance with section eleven  hundred  eleven-d  of  this  chapter  is
 contested  or in accordance with section eleven hundred eleven-e of this
 chapter is contested or of a hearing at which  liability  in  accordance
 with section two thousand nine hundred eighty-five of the public author-
 ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
 seven hundred seventy-four of the laws  of  nineteen  hundred  fifty  is
 contested  or of a hearing at which liability in accordance with section

 S. 9097                            39
 
 eleven hundred eleven-c of this chapter or OF a hearing at which liabil-
 ity in accordance with section eleven hundred eighty-b of  this  chapter
 OR  OF  A  HEARING  AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED  EIGHTY-D OF THIS CHAPTER is contested. Recording devices may be
 used for the making of the record.
   § 33-a. Paragraphs a and g of subdivision 2  of  section  240  of  the
 vehicle and traffic law, as amended by section 6-a of chapter 222 of the
 laws of 2015, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with sections eleven hundred
 eleven-b of this chapter, as added by sections sixteen of chapters twen-
 ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
 accordance with section eleven hundred eleven-d of this  chapter  or  in
 accordance  with  section  eleven hundred eleven-e of this chapter or an
 allegation of  liability  in  accordance  with  section  eleven  hundred
 eleven-c  of  this  chapter  or an allegation of liability in accordance
 with section eleven hundred eighty-b of this chapter OR AN ALLEGATION OF
 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-D  OF  THIS
 CHAPTER,  shall  be  held  before  a hearing examiner in accordance with
 rules and regulations promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing at which liability in accordance with  sections  eleven  hundred
 eleven-b of this chapter, as added by sections sixteen of chapters twen-
 ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
 accordance with section eleven hundred eleven-d of this  chapter  or  in
 accordance  with section eleven hundred eleven-e of this chapter or of a
 hearing at which liability in accordance  with  section  eleven  hundred
 eleven-c  of  this chapter or OF a hearing at which liability in accord-
 ance with section eleven hundred eighty-b of this chapter OR OF A  HEAR-
 ING  AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-D OF THIS CHAPTER is contested. Recording devices may be used for  the
 making of the record.
   §  33-b.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
 vehicle and traffic law, as amended by section 6-b of chapter 222 of the
 laws of 2015, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with section eleven  hundred
 eleven-e  of  this  chapter  or an allegation of liability in accordance
 with section eleven hundred eleven-d of this chapter or an allegation of
 liability in accordance with section eleven  hundred  eleven-c  of  this
 chapter  or an allegation of liability in accordance with section eleven
 hundred eighty-b of this  chapter  OR  AN  ALLEGATION  OF  LIABILITY  IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER shall be
 held  before a hearing examiner in accordance with rules and regulations
 promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing at which liability in accordance  with  section  eleven  hundred
 eleven-e  of  this chapter or of a hearing at which liability in accord-
 ance with section eleven hundred eleven-d of this chapter or of a  hear-
 ing  at  which  liability  in  accordance  with  section  eleven hundred
 eleven-c of this chapter or OF a hearing at which liability  in  accord-
 ance  with section eleven hundred eighty-b of this chapter OR OF A HEAR-
 ING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHT-
 Y-D OF THIS CHAPTER is contested.  Recording devices may be used for the
 making of the record.

 S. 9097                            40
 
   §  33-c.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
 vehicle and traffic law, as amended by section 6-c of chapter 222 of the
 laws of 2015, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or  an allegation of liability in accordance with section eleven hundred
 eleven-e of this chapter or an allegation  of  liability  in  accordance
 with section eleven hundred eleven-d of this chapter or an allegation of
 liability  in  accordance  with  section eleven hundred eighty-b of this
 chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER shall be held before a hearing examiner
 in accordance with rules and regulations promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing  at  which  liability  in accordance with section eleven hundred
 eleven-e of this chapter or of a hearing at which liability  in  accord-
 ance  with section eleven hundred eleven-d of this chapter or OF a hear-
 ing at which liability in accordance with section eleven hundred  eight-
 y-b  of  this  chapter  OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE
 WITH SECTION ELEVEN HUNDRED  EIGHTY-D  OF  THIS  CHAPTER  is  contested.
 Recording devices may be used for the making of the record.
   §  33-d.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
 vehicle and traffic law, as amended by section 6-d of chapter 222 of the
 laws of 2015, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with section eleven  hundred
 eleven-e  of  this  chapter  or an allegation of liability in accordance
 with section eleven hundred eleven-d of this chapter OR AN ALLEGATION OF
 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-D  OF  THIS
 CHAPTER shall be held before a hearing examiner in accordance with rules
 and regulations promulgated by the bureau.
   g.  A  record  shall be made of a hearing on a plea of not guilty or a
 hearing at which liability in accordance  with  section  eleven  hundred
 eleven-d of this chapter is contested or a hearing at which liability in
 accordance  with  section  eleven  hundred eleven-e of this chapter OR A
 HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
 EIGHTY-D OF THIS CHAPTER is contested. Recording devices may be used for
 the making of the record.
   §  33-e.  Paragraphs  a  and  g of subdivision 2 of section 240 of the
 vehicle and traffic law, as amended by section 6-e of chapter 222 of the
 laws of 2015, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with section eleven  hundred
 eleven-e  of  this  chapter  OR AN ALLEGATION OF LIABILITY IN ACCORDANCE
 WITH SECTION ELEVEN HUNDRED EIGHTY-D  OF  THIS  CHAPTER  shall  be  held
 before  a  hearing  examiner  in  accordance  with rules and regulations
 promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not  guilty  or  a
 hearing  at  which  liability  in accordance with section eleven hundred
 eleven-e of this chapter OR A HEARING AT WHICH LIABILITY  IN  ACCORDANCE
 WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-D  OF  THIS CHAPTER is contested.
 Recording devices may be used for the making of the record.
   § 33-f. Paragraphs a and g of subdivision 2  of  section  240  of  the
 vehicle  and  traffic  law, as added by chapter 715 of the laws of 1972,
 are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED

 S. 9097                            41
 
 EIGHTY-D  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
 accordance with rules and regulations promulgated by the bureau.
   g.  A  record  shall be made of a hearing on a plea of not guilty OR A
 HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
 EIGHTY-D  OF THIS CHAPTER.  Recording devices may be used for the making
 of the record.
   § 34. Subdivisions 1 and 2 of section 241 of the vehicle  and  traffic
 law,  as  amended  by  section 7 of chapter 222 of the laws of 2015, are
 amended to read as follows:
   1. The hearing examiner shall make a  determination  on  the  charges,
 either  sustaining or dismissing them. Where the hearing examiner deter-
 mines that the charges have been sustained he or she may examine  either
 the  prior  parking  violations  record  or  the  record  of liabilities
 incurred in accordance with section  eleven  hundred  eleven-a  of  this
 chapter  or  in accordance with sections eleven hundred eleven-b of this
 chapter as added by sections sixteen of chapters twenty, twenty-one, and
 twenty-two of the laws of  two  thousand  nine  or  in  accordance  with
 section  eleven  hundred  eleven-d of this chapter or in accordance with
 section eleven hundred eleven-e of this chapter or the record of liabil-
 ities incurred in accordance with  section  two  thousand  nine  hundred
 eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws  of  nineteen hundred fifty of the person charged, or the record of
 liabilities incurred in accordance with section eleven hundred  eleven-c
 of  this  chapter,  or  the record of liabilities incurred in accordance
 with section eleven hundred eighty-b of this chapter, OR IN  THE  RECORD
 OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-D  OF  THIS  CHAPTER  OF  THE  PERSON  CHARGED, as applicable prior to
 rendering a final  determination.  Final  determinations  sustaining  or
 dismissing  charges shall be entered on a final determination roll main-
 tained by the bureau together with records showing payment  and  nonpay-
 ment of penalties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation or contest an allegation of  liability  in  accordance
 with  section  eleven  hundred eleven-a of this chapter or in accordance
 with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
 sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
 laws of two thousand nine or in accordance with section  eleven  hundred
 eleven-d  of  this  chapter or in accordance with section eleven hundred
 eleven-e of this chapter or fails to contest an allegation of  liability
 in  accordance with section two thousand nine hundred eighty-five of the
 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
 chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
 fifty, or fails to contest an allegation of liability in accordance with
 section  eleven  hundred eleven-c of this chapter or fails to contest an
 allegation of liability in accordance with section eleven hundred eight-
 y-b of this chapter OR FAILS TO CONTEST AN ALLEGATION  OF  LIABILITY  IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
 to  appear  on a designated hearing date or subsequent adjourned date or
 fails after a hearing to comply with  the  determination  of  a  hearing
 examiner,  as prescribed by this article or by rule or regulation of the
 bureau, such failure to plead or contest,  appear  or  comply  shall  be
 deemed, for all purposes, an admission of liability and shall be grounds
 for  rendering  and entering a default judgment in an amount provided by
 the rules and regulations of the bureau. However, after  the  expiration
 of the original date prescribed for entering a plea and before a default

 S. 9097                            42
 
 judgment  may be rendered, in such case the bureau shall pursuant to the
 applicable provisions of law notify such operator or owner, by such form
 of first class mail as the commission may direct; (1) of  the  violation
 charged, or liability in accordance with section eleven hundred eleven-a
 of  this  chapter or in accordance with sections eleven hundred eleven-b
 of this chapter as added by sections sixteen of chapters  twenty,  twen-
 ty-one, and twenty-two of the laws of two thousand nine or in accordance
 with  section  eleven  hundred eleven-d of this chapter or in accordance
 with section eleven hundred eleven-e of this chapter alleged or  liabil-
 ity  in accordance with section two thousand nine hundred eighty-five of
 the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty alleged or liability in  accordance  with  section  eleven
 hundred eleven-c of this chapter or liability in accordance with section
 eleven hundred eighty-b of this chapter alleged, OR LIABILITY IN ACCORD-
 ANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2)
 of the impending default  judgment,  (3)  that  such  judgment  will  be
 entered  in  the  Civil  Court  of the city in which the bureau has been
 established, or other court of civil jurisdiction  or  any  other  place
 provided  for the entry of civil judgments within the state of New York,
 and (4) that a default may be avoided by entering a plea  or  contesting
 an  allegation  of  liability  in accordance with section eleven hundred
 eleven-a of this chapter or in accordance with sections  eleven  hundred
 eleven-b  of this chapter as added by sections sixteen of chapters twen-
 ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
 accordance  with  section  eleven hundred eleven-d of this chapter or in
 accordance with section eleven  hundred  eleven-e  of  this  chapter  or
 contesting  an  allegation  of  liability in accordance with section two
 thousand nine hundred eighty-five  of  the  public  authorities  law  or
 sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
 seventy-four of the laws of nineteen  hundred  fifty  or  contesting  an
 allegation  of  liability  in  accordance  with  section  eleven hundred
 eleven-c of this chapter or contesting an  allegation  of  liability  in
 accordance  with  section  eleven  hundred  eighty-b  of this chapter OR
 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  EIGHTY-D  OF THIS CHAPTER, as appropriate, or making an appear-
 ance within thirty days of the sending of such notice. Pleas entered and
 allegations  contested  within  that  period  shall  be  in  the  manner
 prescribed  in  the notice and not subject to additional penalty or fee.
 Such notice of impending default judgment shall not be required prior to
 the rendering and entry thereof in the case of operators or  owners  who
 are  non-residents  of the state of New York. In no case shall a default
 judgment be rendered or, where required, a notice of  impending  default
 judgment  be  sent, more than two years after the expiration of the time
 prescribed for entering a plea  or  contesting  an  allegation.  When  a
 person  has  demanded a hearing, no fine or penalty shall be imposed for
 any reason, prior to the holding of the hearing. If the hearing examiner
 shall make a determination on the charges, sustaining them,  he  or  she
 shall impose no greater penalty or fine than those upon which the person
 was originally charged.
   § 34-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law,  as  amended by section 7-a of chapter 222 of the laws of 2015, are
 amended to read as follows:
   1. The hearing examiner shall make a  determination  on  the  charges,
 either  sustaining or dismissing them. Where the hearing examiner deter-
 mines that the charges have been sustained he or she may examine  either

 S. 9097                            43
 
 the  prior  parking  violations  record  or  the  record  of liabilities
 incurred in accordance with sections eleven  hundred  eleven-b  of  this
 chapter as added by sections sixteen of chapters twenty, twenty-one, and
 twenty-two  of  the  laws  of  two  thousand  nine or in accordance with
 section eleven hundred eleven-d of this chapter or  in  accordance  with
 section  eleven  hundred eleven-e of this chapter of the person charged,
 or the record of liabilities incurred in accordance with section  eleven
 hundred  eleven-c of this chapter, or the record of liabilities incurred
 in accordance with section eleven hundred eighty-b of this  chapter,  OR
 THE  RECORD  OF  LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON  CHARGED,  as  applicable
 prior to rendering a final determination.  Final determinations sustain-
 ing or dismissing charges shall be entered on a final determination roll
 maintained  by  the  bureau  together  with  records showing payment and
 nonpayment of penalties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
 sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
 laws of two thousand nine or in accordance with section  eleven  hundred
 eleven-d  of  this chapter, or in accordance with section eleven hundred
 eleven-e of this chapter, or fails to contest an allegation of liability
 in accordance with section eleven hundred eleven-c of this  chapter,  or
 fails  to contest an allegation of liability incurred in accordance with
 section eleven hundred eighty-b of this chapter, OR FAILS TO CONTEST  AN
 ALLEGATION  OF  LIABILITY  INCURRED  IN  ACCORDANCE  WITH SECTION ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER, or fails to  appear  on  a  designated
 hearing  date  or  subsequent adjourned date or fails after a hearing to
 comply with the determination of a hearing examiner,  as  prescribed  by
 this  article  or  by  rule or regulation of the bureau, such failure to
 plead, contest, appear or comply shall be deemed, for all  purposes,  an
 admission of liability and shall be grounds for rendering and entering a
 default  judgment  in an amount provided by the rules and regulations of
 the  bureau.  However,  after  the  expiration  of  the  original   date
 prescribed  for  entering  a  plea  and before a default judgment may be
 rendered, in such case the  bureau  shall  pursuant  to  the  applicable
 provisions  of  law notify such operator or owner, by such form of first
 class mail as the commission may direct; (1) of the  violation  charged,
 or liability in accordance with sections eleven hundred eleven-b of this
 chapter,  as  added  by sections sixteen of chapters twenty, twenty-one,
 and twenty-two of the laws of two thousand nine or  in  accordance  with
 section  eleven  hundred eleven-d of this chapter, or in accordance with
 section eleven hundred eleven-e of this chapter, or liability in accord-
 ance with section eleven hundred eleven-c of this chapter  or  liability
 in  accordance  with  section  eleven  hundred  eighty-b of this chapter
 alleged, OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
 OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
 such judgment will be entered in the Civil Court of the  city  in  which
 the bureau has been established, or other court of civil jurisdiction or
 any  other  place  provided  for the entry of civil judgments within the
 state of New York, and (4) that a default may be avoided by  entering  a
 plea  or  contesting  an  allegation  of  liability  in  accordance with
 sections eleven hundred eleven-b of this chapter as  added  by  sections
 sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
 two thousand nine or in accordance with section eleven hundred  eleven-d
 of this chapter or in accordance with section eleven hundred eleven-e of

 S. 9097                            44
 
 this  chapter,  or  contesting  an allegation of liability in accordance
 with section eleven hundred eleven-c of this chapter  or  contesting  an
 allegation of liability in accordance with section eleven hundred eight-
 y-b  of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, as  appropri-
 ate,  or  making an appearance within thirty days of the sending of such
 notice. Pleas entered and allegations contested within that period shall
 be in the manner prescribed in the notice and not subject to  additional
 penalty  or  fee. Such notice of impending default judgment shall not be
 required prior to the rendering and entry thereof in the case of  opera-
 tors  or  owners  who  are non-residents of the state of New York. In no
 case shall a default judgment be rendered or, where required,  a  notice
 of  impending  default  judgment  be sent, more than two years after the
 expiration of the time prescribed for entering a plea or  contesting  an
 allegation.  When  a  person  has demanded a hearing, no fine or penalty
 shall be imposed for any reason, prior to the holding of the hearing. If
 the hearing examiner shall make a determination on the charges, sustain-
 ing them, he or she shall impose no greater penalty or fine  than  those
 upon which the person was originally charged.
   § 34-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law,  as  amended by section 7-b of chapter 222 of the laws of 2015, are
 amended to read as follows:
   1. The hearing examiner shall make a  determination  on  the  charges,
 either  sustaining or dismissing them. Where the hearing examiner deter-
 mines that the charges have been sustained he or  she  may  examine  the
 prior parking violations record or the record of liabilities incurred in
 accordance  with  section eleven hundred eleven-e of this chapter of the
 person charged, or the record of liabilities incurred in accordance with
 section eleven hundred eleven-d of this chapter of the  person  charged,
 or  the record of liabilities incurred in accordance with section eleven
 hundred eleven-c of this chapter, or the record of liabilities  incurred
 in  accordance  with section eleven hundred eighty-b of this chapter, OR
 THE RECORD OF LIABILITIES INCURRED IN  ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED  EIGHTY-D  OF THIS CHAPTER OF THE PERSON CHARGED, as applicable,
 prior to rendering a final determination. Final determinations  sustain-
 ing or dismissing charges shall be entered on a final determination roll
 maintained  by  the  bureau  together  with  records showing payment and
 nonpayment of penalties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with section eleven hundred eleven-e of  this  chapter,  or  contest  an
 allegation  of  liability  in  accordance  with  section  eleven hundred
 eleven-d of this chapter, or fails to contest an allegation of liability
 in accordance with section eleven hundred eleven-c of this  chapter,  or
 fails  to contest an allegation of liability incurred in accordance with
 section eleven hundred eighty-b of this chapter, OR FAILS TO CONTEST  AN
 ALLEGATION  OF  LIABILITY  INCURRED  IN  ACCORDANCE  WITH SECTION ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER, or fails to  appear  on  a  designated
 hearing  date  or  subsequent adjourned date or fails after a hearing to
 comply with the determination of a hearing examiner,  as  prescribed  by
 this  article  or  by  rule or regulation of the bureau, such failure to
 plead, appear or comply shall be deemed, for all purposes, an  admission
 of  liability  and shall be grounds for rendering and entering a default
 judgment in an amount provided by  the  rules  and  regulations  of  the
 bureau.  However,  after  the expiration of the original date prescribed
 for entering a plea and before a default judgment may  be  rendered,  in

 S. 9097                            45
 
 such  case the bureau shall pursuant to the applicable provisions of law
 notify such operator or owner, by such form of first class mail  as  the
 commission  may  direct;  (1)  of the violation charged, or liability in
 accordance  with  section  eleven  hundred  eleven-e of this chapter, or
 liability in accordance with section eleven  hundred  eleven-d  of  this
 chapter,  or alleged liability in accordance with section eleven hundred
 eleven-c of this chapter or alleged liability in accordance with section
 eleven hundred eighty-b of this chapter, OR ALLEGED LIABILITY IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,  (2)  of  the
 impending  default  judgment,  (3) that such judgment will be entered in
 the Civil Court of the city in which the bureau has been established, or
 other court of civil jurisdiction or any other place  provided  for  the
 entry  of  civil  judgments within the state of New York, and (4) that a
 default may be avoided by entering a plea or contesting an allegation of
 liability in accordance with section eleven  hundred  eleven-e  of  this
 chapter  or  contesting  an  allegation  of liability in accordance with
 section eleven hundred eleven-d of this chapter or contesting an allega-
 tion of liability in accordance with section eleven hundred eleven-c  of
 this chapter or contesting an allegation of liability in accordance with
 section eleven hundred eighty-b of this chapter OR CONTESTING AN ALLEGA-
 TION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF
 THIS CHAPTER or making an appearance within thirty days of  the  sending
 of  such notice. Pleas entered within that period shall be in the manner
 prescribed in the notice and not subject to additional penalty  or  fee.
 Such notice of impending default judgment shall not be required prior to
 the  rendering  and entry thereof in the case of operators or owners who
 are non-residents of the state of New York. In no case shall  a  default
 judgment  be  rendered or, where required, a notice of impending default
 judgment be sent, more than two years after the expiration of  the  time
 prescribed  for  entering a plea.  When a person has demanded a hearing,
 no fine or penalty shall be imposed for any reason, prior to the holding
 of the hearing. If the hearing examiner shall make  a  determination  on
 the  charges, sustaining them, he or she shall impose no greater penalty
 or fine than those upon which the person was originally charged.
   § 34-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law, as amended by section 7-c of chapter 222 of the laws of  2015,  are
 amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that the charges have been sustained he or she may examine either
 the prior  parking  violations  record  or  the  record  of  liabilities
 incurred  in  accordance  with  section  eleven hundred eleven-d of this
 chapter of the person charged, or the record of liabilities incurred  in
 accordance  with  section eleven hundred eleven-e of this chapter of the
 person charged or the record of liabilities incurred in accordance  with
 section  eleven  hundred  eighty-b  of  this  chapter,  OR THE RECORD OF
 LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-D
 OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to rendering
 a  final  determination.  Final  determinations sustaining or dismissing
 charges shall be entered on a final determination roll maintained by the
 bureau together with records showing payment and  nonpayment  of  penal-
 ties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation or contest an allegation of  liability  in  accordance
 with section eleven hundred eleven-e of this chapter or contest an alle-
 gation  of  liability in accordance with section eleven hundred eleven-d

 S. 9097                            46
 
 of this chapter or fails to contest an allegation of liability  incurred
 in  accordance  with  section eleven hundred eighty-b of this chapter OR
 FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE  WITH
 SECTION  ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails to appear on a
 designated hearing date or subsequent adjourned date or  fails  after  a
 hearing  to  comply  with  the  determination  of a hearing examiner, as
 prescribed by this article or by rule or regulation of the bureau,  such
 failure to plead, appear or comply shall be deemed, for all purposes, an
 admission of liability and shall be grounds for rendering and entering a
 default  judgment  in an amount provided by the rules and regulations of
 the  bureau.  However,  after  the  expiration  of  the  original   date
 prescribed  for  entering  a  plea  and before a default judgment may be
 rendered, in such case the  bureau  shall  pursuant  to  the  applicable
 provisions  of  law notify such operator or owner, by such form of first
 class mail as the commission may direct; (1) of the violation charged or
 liability in accordance with section eleven  hundred  eleven-e  of  this
 chapter  or liability in accordance with section eleven hundred eleven-d
 of this chapter or liability in accordance with section  eleven  hundred
 eighty-b  of  this  chapter  alleged,  OR  LIABILITY  IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-D OF THIS  CHAPTER  ALLEGED,  (2)  of  the
 impending  default  judgment,  (3) that such judgment will be entered in
 the Civil Court of the city in which the bureau has been established, or
 other court of civil jurisdiction or any other place  provided  for  the
 entry  of  civil  judgments within the state of New York, and (4) that a
 default may be avoided by entering a plea or contesting an allegation of
 liability in accordance with section eleven  hundred  eleven-e  of  this
 chapter  or  contesting  an  allegation  of liability in accordance with
 section eleven hundred eleven-d of this chapter or contesting an allega-
 tion of liability in accordance with section eleven hundred eighty-b  of
 this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
 SECTION  ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or making an appearance
 within thirty days of the sending of such notice. Pleas  entered  within
 that  period  shall  be  in  the manner prescribed in the notice and not
 subject to additional penalty or fee. Such notice of  impending  default
 judgment  shall not be required prior to the rendering and entry thereof
 in the case of operators or owners who are non-residents of the state of
 New York. In no case shall a default  judgment  be  rendered  or,  where
 required,  a notice of impending default judgment be sent, more than two
 years after the expiration of the time prescribed for entering  a  plea.
 When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
 imposed for any reason, prior to the holding  of  the  hearing.  If  the
 hearing  examiner  shall make a determination on the charges, sustaining
 them, he shall impose no greater penalty or fine than those  upon  which
 the person was originally charged.
   § 34-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law,  as  amended by section 7-d of chapter 222 of the laws of 2015, are
 amended to read as follows:
   1. The hearing examiner shall make a  determination  on  the  charges,
 either  sustaining or dismissing them. Where the hearing examiner deter-
 mines that the charges have been sustained he or she may examine  either
 the  prior  parking  violations  record  or  the  record  of liabilities
 incurred in accordance with section  eleven  hundred  eleven-e  of  this
 chapter  of  the person charged or the record of liabilities incurred in
 accordance with section eleven hundred eleven-d of this chapter  of  the
 person  charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER OF THE  PERSON  CHARGED,

 S. 9097                            47
 
 as applicable, prior to rendering a final determination.  Final determi-
 nations  sustaining  or  dismissing  charges shall be entered on a final
 determination roll maintained by the bureau together with records  show-
 ing payment and nonpayment of penalties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation or contest an allegation of  liability  in  accordance
 with section eleven hundred eleven-e of this chapter or contest an alle-
 gation  of  liability in accordance with section eleven hundred eleven-d
 of this chapter OR  CONTEST  AN  ALLEGATION  OF  LIABILITY  INCURRED  IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
 to  appear  on a designated hearing date or subsequent adjourned date or
 fails after a hearing to comply with  the  determination  of  a  hearing
 examiner,  as prescribed by this article or by rule or regulation of the
 bureau, such failure to plead, appear or comply shall be deemed, for all
 purposes, an admission of liability and shall be grounds  for  rendering
 and  entering  a default judgment in an amount provided by the rules and
 regulations of the bureau. However, after the expiration of the original
 date prescribed for entering a plea and before a default judgment may be
 rendered, in such case the  bureau  shall  pursuant  to  the  applicable
 provisions  of  law notify such operator or owner, by such form of first
 class mail as the commission may direct; (1) of the violation charged or
 liability in accordance with section eleven  hundred  eleven-e  of  this
 chapter  alleged  or liability in accordance with section eleven hundred
 eleven-d of this chapter alleged OR LIABILITY IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2)  of  the  impending
 default  judgment,  (3)  that such judgment will be entered in the Civil
 Court of the city in which the bureau has  been  established,  or  other
 court of civil jurisdiction or any other place provided for the entry of
 civil judgments within the state of New York, and (4) that a default may
 be  avoided  by entering a plea or contesting an allegation of liability
 in accordance with section eleven hundred eleven-e of  this  chapter  or
 contesting  an allegation of liability in accordance with section eleven
 hundred eleven-d of this chapter OR CONTESTING AN ALLEGATION OF  LIABIL-
 ITY  IN  ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER
 or making an appearance within  thirty  days  of  the  sending  of  such
 notice.    Pleas  entered  within  that  period  shall  be in the manner
 prescribed in the notice and not subject to additional penalty  or  fee.
 Such notice of impending default judgment shall not be required prior to
 the  rendering  and entry thereof in the case of operators or owners who
 are non-residents of the state of New York. In no case shall  a  default
 judgment  be  rendered or, where required, a notice of impending default
 judgment be sent, more than two years after the expiration of  the  time
 prescribed for entering a plea. When a person has demanded a hearing, no
 fine or penalty shall be imposed for any reason, prior to the holding of
 the  hearing.  If the hearing examiner shall make a determination on the
 charges, sustaining them, he shall impose no  greater  penalty  or  fine
 than those upon which the person was originally charged.
   § 34-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law,  as  amended by section 7-e of chapter 222 of the laws of 2015, are
 amended to read as follows:
   1. The hearing examiner shall make a  determination  on  the  charges,
 either  sustaining or dismissing them. Where the hearing examiner deter-
 mines that the charges have been sustained he or  she  may  examine  the
 prior parking violations record or the record of liabilities incurred in
 accordance  with  section eleven hundred eleven-e of this chapter of the
 person charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE  WITH

 S. 9097                            48
 
 SECTION  ELEVEN  HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED,
 as applicable, prior to rendering a final determination. Final  determi-
 nations  sustaining  or  dismissing  charges shall be entered on a final
 determination  roll maintained by the bureau together with records show-
 ing payment and nonpayment of penalties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with section eleven hundred eleven-e of this chapter OR CONTEST AN ALLE-
 GATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED
 EIGHTY-D OF THIS CHAPTER or fails to appear on a designated hearing date
 or subsequent adjourned date or fails after a hearing to comply with the
 determination of a hearing examiner, as prescribed by this article or by
 rule  or  regulation  of  the  bureau,  such failure to plead, appear or
 comply shall be deemed, for all purposes, an admission of liability  and
 shall  be  grounds  for  rendering and entering a default judgment in an
 amount provided by the rules and regulations  of  the  bureau.  However,
 after the expiration of the original date prescribed for entering a plea
 and  before  a default judgment may be rendered, in such case the bureau
 shall pursuant to the applicable provisions of law notify such  operator
 or owner, by such form of first class mail as the commission may direct;
 (1)  of  the  violation  charged or liability in accordance with section
 eleven hundred eleven-e of this chapter alleged OR LIABILITY IN  ACCORD-
 ANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2)
 of the impending default  judgment,  (3)  that  such  judgment  will  be
 entered  in  the  Civil  Court  of the city in which the bureau has been
 established, or other court of civil jurisdiction  or  any  other  place
 provided  for the entry of civil judgments within the state of New York,
 and (4) that a default may be avoided by entering a plea  or  contesting
 an  allegation  of  liability  in accordance with section eleven hundred
 eleven-e of this chapter OR CONTESTING AN  ALLEGATION  OF  LIABILITY  IN
 ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-D  OF THIS CHAPTER or
 making an appearance within thirty days of the sending of  such  notice.
 Pleas  entered  within  that period shall be in the manner prescribed in
 the notice and not subject to additional penalty or fee. Such notice  of
 impending  default judgment shall not be required prior to the rendering
 and entry thereof in the case of operators or owners who  are  non-resi-
 dents  of  the state of New York. In no case shall a default judgment be
 rendered or, where required, a notice of impending default  judgment  be
 sent,  more  than  two years after the expiration of the time prescribed
 for entering a plea.  When a person has demanded a hearing, no  fine  or
 penalty  shall  be  imposed  for any reason, prior to the holding of the
 hearing. If the hearing examiner  shall  make  a  determination  on  the
 charges,  sustaining  them,  he  shall impose no greater penalty or fine
 than those upon which the person was originally charged.
   § 34-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law, subdivision 1 as added by chapter 715 of  the  laws  of  1972,  and
 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
 to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that  the  charges  have  been sustained he may examine the prior
 parking violations record OR  THE  RECORD  OF  LIABILITIES  INCURRED  IN
 ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER of the
 person charged, AS APPLICABLE, prior to rendering a final determination.
 Final determinations sustaining or dismissing charges shall  be  entered

 S. 9097                            49
 
 on  a  final  determination  roll maintained by the bureau together with
 records showing payment and nonpayment of penalties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation OR CONTEST AN  ALLEGATION  OF  LIABILITY  INCURRED  IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
 to  appear  on a designated hearing date or subsequent adjourned date or
 fails after a hearing to comply with  the  determination  of  a  hearing
 examiner,  as prescribed by this article or by rule or regulation of the
 bureau, such failure to plead, appear or comply shall be deemed, for all
 purposes, an admission of liability and shall be grounds  for  rendering
 and  entering  a default judgment in an amount provided by the rules and
 regulations of the bureau. However, after the expiration of the original
 date prescribed for entering a plea and before a default judgment may be
 rendered, in such case the  bureau  shall  pursuant  to  the  applicable
 provisions  of  law notify such operator or owner, by such form of first
 class mail as the commission may direct; (1) of the violation charged OR
 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-D  OF  THIS
 CHAPTER  ALLEGED,  (2)  of the impending default judgment, (3) that such
 judgment will be entered in the Civil Court of the  city  in  which  the
 bureau has been established, or other court of civil jurisdiction or any
 other  place  provided for the entry of civil judgments within the state
 of New York, and (4) that a default may be avoided by entering a plea OR
 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  EIGHTY-D  OF THIS CHAPTER or making an appearance within thirty
 days of the sending of such notice. Pleas  entered  within  that  period
 shall be in the manner prescribed in the notice and not subject to addi-
 tional  penalty  or fee. Such notice of impending default judgment shall
 not be required prior to the rendering and entry thereof in the case  of
 operators  or  owners who are non-residents of the state of New York. In
 no case shall a default judgment  be  rendered  or,  where  required,  a
 notice  of impending default judgment be sent, more than two years after
 the expiration of the time prescribed for entering a plea. When a person
 has demanded a hearing, no fine or penalty  shall  be  imposed  for  any
 reason,  prior  to  the  holding of the hearing. If the hearing examiner
 shall make a determination on the charges,  sustaining  them,  he  shall
 impose  no  greater penalty or fine than those upon which the person was
 originally charged.
   § 35. The vehicle and traffic law is amended by adding a  new  section
 1180-d to read as follows:
   § 1180-D. OWNER  LIABILITY  FOR  FAILURE  OF  OPERATOR  TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW, THE CITY OF BUFFALO IS HEREBY AUTHORIZED TO ESTABLISH
 A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE  OWNER  OF  A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
 SPEED  LIMITS  IN  A SCHOOL SPEED ZONE WITHIN THE CITY (I) WHEN A SCHOOL
 SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDI-
 VISION (C) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN
 OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN  SUBDIVISION  (B),  (D),
 (F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE DURING THE
 FOLLOWING TIMES:  (A) ON SCHOOL DAYS DURING SCHOOL HOURS  AND  ONE  HOUR
 BEFORE  AND  ONE  HOUR  AFTER  THE  SCHOOL  DAY, AND (B) A PERIOD DURING
 STUDENT ACTIVITIES AT THE SCHOOL AND UP TO  THIRTY  MINUTES  IMMEDIATELY
 BEFORE  AND  UP  TO THIRTY MINUTES IMMEDIATELY AFTER SUCH STUDENT ACTIV-
 ITIES. SUCH DEMONSTRATION PROGRAM SHALL  EMPOWER  THE  CITY  TO  INSTALL
 PHOTO  SPEED  VIOLATION  MONITORING  SYSTEMS  WITHIN NO MORE THAN TWENTY
 SCHOOL SPEED ZONES WITHIN THE CITY AT ANY ONE TIME AND TO  OPERATE  SUCH

 S. 9097                            50
 
 SYSTEMS  WITHIN  SUCH ZONES (III) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT
 AS PROVIDED IN PARAGRAPHS ONE AND TWO  OF  SUBDIVISION  (C)  OF  SECTION
 ELEVEN  HUNDRED  EIGHTY  OF THIS ARTICLE OR (IV) WHEN OTHER SPEED LIMITS
 ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE DURING THE FOLLOWING TIMES: (A) ON
 SCHOOL  DAYS  DURING SCHOOL HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER
 THE SCHOOL DAY, AND (B) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL
 AND UP TO THIRTY MINUTES IMMEDIATELY BEFORE AND  UP  TO  THIRTY  MINUTES
 IMMEDIATELY  AFTER  SUCH STUDENT ACTIVITIES. IN SELECTING A SCHOOL SPEED
 ZONE IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED VIOLATION  MONITORING
 SYSTEM,  THE  CITY SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO
 THE SPEED DATA, CRASH HISTORY, AND THE ROADWAY  GEOMETRY  APPLICABLE  TO
 SUCH SCHOOL SPEED ZONE.
   2.  NO  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL BE USED IN A
 SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
 FULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE  AN
 ANNUAL  CALIBRATION  CHECK  PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS
 SUBDIVISION. THE CITY SHALL INSTALL SIGNS GIVING  NOTICE  THAT  A  PHOTO
 SPEED  VIOLATION  MONITORING  SYSTEM  IS IN USE TO BE MOUNTED ON ADVANCE
 WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING  SCHOOL
 SPEED  ZONE  AND/OR  ON  SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH SCHOOL
 SPEED ZONE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
   3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING  SYSTEMS  SHALL  HAVE
 COMPLETED  TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
 ATING SUCH SYSTEMS.  EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A  DAILY
 SET-UP  LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES
 THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM  WAS  SET  UP
 THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
 THE  SYSTEM  PASSED,  THE  SELF-TESTS  OF SUCH SYSTEM BEFORE PRODUCING A
 RECORDED IMAGE THAT DAY.   THE CITY SHALL RETAIN  EACH  SUCH  DAILY  LOG
 UNTIL  THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE  OR
 THE  FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED
 BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER  RECORDED  IMAGES
 PRODUCED BY SUCH SYSTEM.
   4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
 AL  CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
 WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION.  THE  CITY  SHALL
 KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL
 RESOLUTION  OF  ALL  CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING
 SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE
 OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEM.
   5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
 TO  ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO  SPEED
 VIOLATION  MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
 DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
 ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
 DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH,  MICROPHOTOGRAPH,  VIDEOTAPE
 OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
 PASSENGERS,  OR  THE  CONTENTS  OF VEHICLES WHERE THE CITY SHOWS THAT IT
 MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS  PARAGRAPH
 IN SUCH CASE.
   (II)  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR ANY OTHER RECORDED
 IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL  BE  FOR  THE

 S. 9097                            51
 
 EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
 ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
 OF  LIABILITY  PURSUANT  TO  THIS SECTION, AND SHALL BE DESTROYED BY THE
 CITY  UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH
 PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED   IMAGES
 RELATE,  OR  ONE  YEAR  FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
 LIABILITY, WHICHEVER IS LATER.   NOTWITHSTANDING THE PROVISIONS  OF  ANY
 OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR  ANY  OTHER  RECORDED  IMAGE  FROM  A  PHOTO  SPEED
 VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
 TO  CIVIL  OR  CRIMINAL  PROCESS  OR DISCOVERY, NOR USED BY ANY COURT OR
 ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING  THEREIN
 EXCEPT  THAT  WHICH  IS  NECESSARY  FOR  THE ADJUDICATION OF A NOTICE OF
 LIABILITY ISSUED PURSUANT TO THIS  SECTION,  AND  NO  PUBLIC  ENTITY  OR
 EMPLOYEE,  OFFICER  OR  AGENT  THEREOF  SHALL DISCLOSE SUCH INFORMATION,
 EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR  ANY  OTHER
 RECORDED IMAGES FROM SUCH SYSTEMS:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE  OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH  WARRANT  ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX  HUNDRED  NINETY  OF  THE  CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
 AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE  SUCH
 SEARCH  WARRANT  STATES  THAT  THERE IS REASONABLE CAUSE TO BELIEVE SUCH
 INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS  TO  DEMONSTRATE  THAT,  A
 MISDEMEANOR  OR  FELONY  OFFENSE  WAS COMMITTED IN THIS STATE OR ANOTHER
 STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION  OF  A
 MISDEMEANOR  OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
 COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH  OFFENSE
 WOULD,  IF  OCCURRING  IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
 AGAINST THE LAWS OF THIS STATE; AND
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A JUDGE OF COMPETENT JURISDICTION AND ISSUED  PURSUANT  TO  ARTICLE  SIX
 HUNDRED  TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
 FEDERAL COURT AUTHORIZED TO ISSUE SUCH  A  SUBPOENA  DUCES  TECUM  UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE  PROSECUTION,  OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
 LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR  OR
 FELONY  IN  THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
 OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR  MAGISTRATE
 SHALL  ONLY  ISSUE  SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND  CLAUSE  (A)
 OF  THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
 ACTION OR PROCEEDING.
   (B) IF THE CITY OF BUFFALO ESTABLISHES A DEMONSTRATION PROGRAM  PURSU-
 ANT  TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
 LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH  VEHICLE
 WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
 IMPLIED, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION  (C)  OR
 DURING  THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION

 S. 9097                            52
 
 IN VIOLATION OF SUBDIVISION (B), (D),  (F)  OR  (G)  OF  SECTION  ELEVEN
 HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF
 MORE  THAN  TEN  MILES  PER  HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT
 WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
 MATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED
 HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
 PURSUANT  TO  THIS  SECTION  WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN
 CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D),  (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (C)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD"  SHALL  MEAN
 THE  MANUAL  AND  SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
 DEVICES MAINTAINED BY THE COMMISSIONER  OF  TRANSPORTATION  PURSUANT  TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
   2.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER;
   3. "PHOTO SPEED VIOLATION MONITORING  SYSTEM"  SHALL  MEAN  A  VEHICLE
 SENSOR  INSTALLED  TO  WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
 WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
 PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
 TIME IT IS USED OR OPERATED IN A  SCHOOL  SPEED  ZONE  IN  VIOLATION  OF
 SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
 OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
   4. "SCHOOL SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED  ONE  THOU-
 SAND  THREE  HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY  OF  BUFFALO, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
 PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED   IMAGES
 PRODUCED  BY  A  PHOTO SPEED VIOLATION MONITORING SYSTEM, SHALL BE PRIMA
 FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY  PHOTOGRAPHS,  MICRO-
 PHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH A
 VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE
 REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY  OBJECT  NEAR
 THE  MOTOR  VEHICLE  AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN
 ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE  LIABILITY  FOR  SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (E)  AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  PURSUANT  TO  A
 DEMONSTRATION  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS SECTION SHALL BE
 LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
 PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY
 OF BUFFALO.  THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL
 NOT  EXCEED  FIFTY  DOLLARS  FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT
 SUCH PARKING VIOLATIONS BUREAU MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT
 IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE  FAILURE  TO
 RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   (F)  AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
 LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION  AS  AN
 OPERATOR  AND  SHALL  NOT  BE  MADE  PART OF THE OPERATING RECORD OF THE
 PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR  SHALL  IT  BE  USED  FOR
 INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-

 S. 9097                            53

 CLE PURSUANT TO THIS SECTION, WITHIN  FOURTEEN  BUSINESS  DAYS  IF  SUCH
 OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF
 SUCH  OWNER  IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT
 BE  REQUIRED.  A  MANUAL  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
 ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF  THE  FACTS
 CONTAINED THEREIN.
   2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
 CLE  PURSUANT  TO  THIS  SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
 INVOLVED IN SUCH VIOLATION,  THE  LOCATION  WHERE  SUCH  VIOLATION  TOOK
 PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
 THE  CAMERA  WHICH  RECORDED  THE  VIOLATION  OR  OTHER DOCUMENT LOCATOR
 NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF  THE  REAR  OF  THE
 MOTOR  VEHICLE  THAT  INCLUDE  THE SAME STATIONARY OBJECT NEAR THE MOTOR
 VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
   3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
 CONTEST  IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
 LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
 BUFFALO, OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY  TO  PREPARE  AND
 MAIL SUCH NOTICE OF LIABILITY.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
 SHALL BE BY THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU.
   (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
 OR  PLATES  OF  SUCH  VEHICLE  WAS  REPORTED TO THE POLICE DEPARTMENT AS
 HAVING BEEN STOLEN, IT SHALL BE A VALID  DEFENSE  TO  AN  ALLEGATION  OF
 LIABILITY  FOR  A  VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO  THIS  SECTION
 THAT  THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN
 REPORTED TO THE POLICE  AS  STOLEN  PRIOR  TO  THE  TIME  THE  VIOLATION
 OCCURRED  AND  HAD  NOT  BEEN  RECOVERED  BY  SUCH TIME. FOR PURPOSES OF
 ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL  BE  SUFFI-
 CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
 OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
 THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU OR  BY  ANY  OTHER  ENTITY
 AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
   (J)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
 SHALL BE BY THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU.
   (K) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  NOTICE  OF
 LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
 NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
 OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  ARTICLE  PURSUANT  TO  THIS
 SECTION, PROVIDED THAT:
   (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
 VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II)  WITHIN  THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH DIVI-
 SION OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFOR-
 MATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS
 TO SUCH DIVISION THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHI-
 CLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,

 S. 9097                            54
 
 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
 LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY  SUCH
 DIVISION  PURSUANT  TO  REGULATIONS  THAT  MAY  BE  PROMULGATED FOR SUCH
 PURPOSE.
   2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
 SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  IN
 THIS SECTION.
   3.  WHERE  THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
 THIS SUBDIVISION, THE LESSEE  OF  SUCH  VEHICLE  ON  THE  DATE  OF  SUCH
 VIOLATION  SHALL  BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT  TO
 SUBDIVISION (I) OF THIS SECTION.
   (L)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D)
 OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  ARTICLE  PURSUANT  TO  THIS
 SECTION  WAS  NOT  THE  OPERATOR  OF  THE  VEHICLE  AT  THE  TIME OF THE
 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION  AGAINST
 THE OPERATOR.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT  THE  CONSENT  OF  THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
 VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS  SUBDIVISION
 THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
 ATING  SUCH  VEHICLE  WITH  THE CONSENT OF THE OWNER AT THE TIME OF SUCH
 OPERATOR OPERATED SUCH VEHICLE IN VIOLATION  OF  SUBDIVISION  (B),  (C),
 (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (M)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (N) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
 (A)  OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE
 RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRES-
 IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH  REPORT  SHALL
 INCLUDE:
   1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
 SYSTEMS WERE USED;
   2.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED  WITHIN  ALL  SCHOOL  SPEED  ZONES
 WITHIN  THE  CITY,  TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   3. THE AGGREGATE NUMBER, TYPE AND  SEVERITY  OF  CRASHES,  FATALITIES,
 INJURIES  AND  PROPERTY  DAMAGE REPORTED WITHIN SCHOOL SPEED ZONES WHERE
 PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO  THE  EXTENT  THE
 INFORMATION  IS  MAINTAINED  BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS
 STATE;
   4. THE NUMBER OF VIOLATIONS RECORDED WITHIN  ALL  SCHOOL  SPEED  ZONES
 WITHIN THE CITY, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
 WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN  THE  AGGRE-
 GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   6.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
 WITHIN THE CITY THAT WERE:
   (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
 POSTED SPEED LIMIT;

 S. 9097                            55
 
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   7.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
 WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
   (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   8.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
 DICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   11. THE TOTAL AMOUNT OF REVENUE REALIZED BY  THE  CITY  IN  CONNECTION
 WITH THE PROGRAM;
   12.  THE EXPENSES INCURRED BY THE CITY IN CONNECTION WITH THE PROGRAM;
 AND
   13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION (B), (C), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  ARTICLE  PURSUANT  TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
 MONITORING  SYSTEM  WAS  MALFUNCTIONING  AT  THE  TIME  OF  THE  ALLEGED
 VIOLATION.
   §  36.  The  opening  paragraph  and paragraph (c) of subdivision 1 of
 section 1809 of the vehicle and traffic law, as amended by section 10 of
 chapter 222 of the laws of 2015, are amended to read as follows:
   Whenever proceedings in an administrative tribunal or a court of  this
 state  result  in  a  conviction  for an offense under this chapter or a
 traffic infraction under this chapter, or a local law,  ordinance,  rule
 or  regulation  adopted  pursuant  to this chapter, other than a traffic
 infraction involving standing, stopping, or  parking  or  violations  by
 pedestrians or bicyclists, or other than an adjudication of liability of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-a  of this chapter, or other than an adjudication of liability of
 an owner for a violation of subdivision (d) of  section  eleven  hundred
 eleven  of  this  chapter  in  accordance  with  section  eleven hundred
 eleven-b of this chapter, or other than an  adjudication  in  accordance
 with  section eleven hundred eleven-c of this chapter for a violation of
 a bus lane restriction as defined in such  section,  or  other  than  an
 adjudication of liability of an owner for a violation of subdivision (d)
 of  section  eleven  hundred  eleven  of this chapter in accordance with
 section eleven hundred eleven-d of this chapter, or other than an  adju-
 dication  of  liability  of an owner for a violation of subdivision (b),
 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
 accordance with section eleven hundred  eighty-b  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty

 S. 9097                            56
 
 of  this  chapter  in accordance with section eleven hundred eighty-c of
 this chapter, or other than an adjudication of liability of an owner for
 a violation of subdivision (d) of section eleven hundred eleven of  this
 chapter in accordance with section eleven hundred eleven-e of this chap-
 ter,  OR  OTHER  THAN  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A
 VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR  (G)  OF  SECTION  ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 EIGHTY-D  OF  THIS CHAPTER, there shall be levied a crime victim assist-
 ance fee and a mandatory surcharge, in addition to any sentence required
 or permitted by law, in accordance with the following schedule:
   (c) Whenever proceedings in an administrative tribunal or a  court  of
 this  state  result  in  a  conviction for an offense under this chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter, or a traffic infraction under this chapter,  or  a  local  law,
 ordinance,  rule  or  regulation adopted pursuant to this chapter, other
 than a traffic infraction involving standing, stopping,  or  parking  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
 liability  of  an  owner  for  a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation  of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-d of this chapter, or other than an  infraction  pursuant
 to article nine of this chapter or other than an adjudication of liabil-
 ity  of an owner for a violation of toll collection regulations pursuant
 to section two thousand nine hundred eighty-five of the public  authori-
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty or other than
 an  adjudication  in  accordance with section eleven hundred eleven-c of
 this chapter for a violation of a bus lane  restriction  as  defined  in
 such section, or other than an adjudication of liability of an owner for
 a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b of this chapter, or other than an adjudication of liability  of
 an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter in accordance with section
 eleven hundred eighty-c of this chapter, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-e  of  this  chapter,  OR  OTHER THAN AN ADJUDICATION OF
 LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),  (F)
 OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
 WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS  CHAPTER,  there  shall  be
 levied a crime victim assistance fee in the amount of five dollars and a
 mandatory  surcharge,  in addition to any sentence required or permitted
 by law, in the amount of fifty-five dollars.
   § 36-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  amended  by  section  10-a  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter, or a local law,  ordinance,  rule
 or  regulation  adopted  pursuant  to this chapter, other than a traffic

 S. 9097                            57

 infraction involving standing, stopping, parking or motor vehicle equip-
 ment or violations by pedestrians or bicyclists, or other than an  adju-
 dication  of liability of an owner for a violation of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred  eleven-a of this chapter, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
 accordance  with  section  eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section, or other
 than an adjudication of liability of an owner for a violation of  subdi-
 vision  (d)  of section eleven hundred eleven of this chapter in accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-b of this chapter,
 or other than an adjudication of liability of an owner for  a  violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-c  of  this  chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN
 OWNER FOR A VIOLATION OF SUBDIVISION  (B),  (C),  (D),  (F)  OR  (G)  OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
 ELEVEN  HUNDRED  EIGHTY-D OF THIS CHAPTER, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-e of this chapter, there  shall  be  levied  a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of twenty-five dollars.
   § 36-b. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  amended  by  section  10-b  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 in accordance with section eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section, or other
 than  an adjudication of liability of an owner for a violation of subdi-
 vision (d) of section eleven hundred eleven of this chapter  in  accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an  adjudication of liability of an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-b of this  chapter,
 or  other  than an adjudication of liability of an owner for a violation
 of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
 eighty  of this chapter in accordance with section eleven hundred eight-
 y-c of this chapter, OR OTHER THAN AN ADJUDICATION OF  LIABILITY  OF  AN
 OWNER  FOR  A  VIOLATION  OF  SUBDIVISION  (B),  (C), (D), (F) OR (G) OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-e  of  this  chapter,  there shall be levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the amount of seventeen dollars.

 S. 9097                            58
 
   §  36-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-c of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (b),  (c),  (d),
 (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
 ance with section eleven hundred eighty-b of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-c of this chapter,
 OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION
 OF  SUBDIVISION  (B),  (C),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED
 EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHT-
 Y-D  OF  THIS  CHAPTER, or other than an adjudication of liability of an
 owner for a violation of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-d of
 this chapter, or other than an adjudication of liability of an owner for
 a violation of subdivision (d) of section eleven hundred eleven of  this
 chapter in accordance with section eleven hundred eleven-e of this chap-
 ter,  there  shall  be  levied a mandatory surcharge, in addition to any
 sentence required or permitted  by  law,  in  the  amount  of  seventeen
 dollars.
   §  36-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-d of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (b),  (c),  (d),
 (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
 ance with section eleven hundred eighty-c of this chapter, OR OTHER THAN
 AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
 TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
 or other than an adjudication of liability of an owner for  a  violation
 of  subdivision  (d) of section eleven hundred eleven of this chapter in
 accordance with section eleven hundred  eleven-d  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
 accordance  with  section eleven hundred eleven-e of this chapter, there
 shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
 required or permitted by law, in the amount of seventeen dollars.
   §  36-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-e of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION

 S. 9097                            59
 
 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B),  (C),  (D),
 (F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, or other than
 an  adjudication of liability of an owner for a violation of subdivision
 (d) of section eleven hundred eleven of this chapter in accordance  with
 section  eleven hundred eleven-d of this chapter, or other than an adju-
 dication of liability of an owner for a violation of subdivision (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred eleven-e of this chapter, there shall be levied a manda-
 tory surcharge, in addition to any sentence  required  or  permitted  by
 law, in the amount of seventeen dollars.
   §  36-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-f of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B),  (C),  (D),
 (F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (d)  of section eleven hundred eleven of this chapter in accordance with
 section eleven hundred eleven-e of this chapter, there shall be levied a
 mandatory surcharge, in addition to any sentence required  or  permitted
 by law, in the amount of seventeen dollars.
   §  36-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as separately amended by chapter 16 of the laws of 1983 and  chapter  62
 of the laws of 1989, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B),  (C),  (D),
 (F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,  there  shall
 be levied a mandatory surcharge, in addition to any sentence required or
 permitted by law, in the amount of seventeen dollars.
   §  37.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11 of chapter 222 of the laws  of
 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter, or in accordance with section eleven hundred eleven-e of this chap-
 ter, and except an adjudication of liability of an owner for a violation

 S. 9097                            60
 
 of subdivision (d) of section eleven hundred eleven of this  chapter  in
 accordance  with  section  eleven  hundred eleven-b of this chapter, and
 except  an  adjudication  in  accordance  with  section  eleven  hundred
 eleven-c  of  this  chapter  of a violation of a bus lane restriction as
 defined in such section, and except an adjudication of liability  of  an
 owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter in accordance with section
 eleven hundred eighty-b of this chapter, and except an  adjudication  of
 liability  of an owner for a violation of subdivision (b), (c), (d), (f)
 or (g) of section eleven hundred eighty of this  chapter  in  accordance
 with  section  eleven  hundred  eighty-c  of this chapter, and except an
 adjudication of liability of an owner for a violation of toll collection
 regulations pursuant to section two thousand nine hundred eighty-five of
 the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty, OR OTHER THAN AN ADJUDICATION OF LIABILITY  OF  AN  OWNER
 FOR  A  VIOLATION  OF  SUBDIVISION  (B), (C), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  EIGHTY-D  OF THIS CHAPTER, there shall be levied in addition to
 any sentence, penalty or other surcharge required or permitted  by  law,
 an additional surcharge of twenty-eight dollars.
   §  37-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-a of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter,  and  except  an  adjudication  in  accordance  with section eleven
 hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
 restriction  as  defined  in such section, and except an adjudication of
 liability of an owner for a violation of subdivision (b), (c), (d),  (f)
 or  (g)  of  section eleven hundred eighty of this chapter in accordance
 with section eleven hundred eighty-b of  this  chapter,  and  except  an
 adjudication  of  liability  of  an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-c of this  chapter,
 AND  EXCEPT  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
 SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED  EIGHTY
 OF  THIS  CHAPTER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF
 THIS CHAPTER, and except an adjudication of liability of an owner for  a
 violation  of  toll collection regulations pursuant to section two thou-
 sand nine hundred eighty-five of the public authorities law or  sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty, there shall be levied in addition
 to  any  sentence,  penalty  or other surcharge required or permitted by
 law, an additional surcharge of twenty-eight dollars.

 S. 9097                            61
 
   § 37-b. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law, as amended by section 11-b of chapter 222 of the laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter, and except an adjudication of liability of an owner for a violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-b of this chapter, and except an adjudication of liability of an owner
 for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
 eleven hundred eighty of this chapter in accordance with section  eleven
 hundred  eighty-c of this chapter, AND EXCEPT AN ADJUDICATION OF LIABIL-
 ITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
 OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN  ACCORDANCE  WITH
 SECTION  ELEVEN  HUNDRED EIGHTY-D OF THIS CHAPTER, and except an adjudi-
 cation of liability of an owner for a violation of toll collection regu-
 lations pursuant to section two thousand nine hundred eighty-five of the
 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
 chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
 fifty,  there  shall  be  levied in addition to any sentence, penalty or
 other surcharge required or permitted by law, an additional surcharge of
 twenty-eight dollars.
   § 37-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law, as amended by section 11-c of chapter 222 of the laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a court or  an  administrative  tribunal  of  this  state  result  in  a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter or in accordance with section eleven hundred eleven-d of this  chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter, and except an adjudication of liability of an owner for a violation
 of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
 eighty  of this chapter in accordance with section eleven hundred eight-
 y-c of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER
 FOR A VIOLATION OF SUBDIVISION (B), (C), (D),  (F)  OR  (G)  OF  SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER, and except an adjudication of  liabil-
 ity  of an owner for a violation of toll collection regulations pursuant
 to section two thousand nine hundred eighty-five of the public  authori-

 S. 9097                            62
 
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred  seventy-four of the laws of nineteen hundred fifty, there shall
 be levied in addition  to  any  sentence,  penalty  or  other  surcharge
 required  or  permitted  by law, an additional surcharge of twenty-eight
 dollars.
   § 37-d. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law, as amended by section 11-d of chapter 222 of the laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a court or  an  administrative  tribunal  of  this  state  result  in  a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter or in accordance with section eleven hundred eleven-d of this  chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
 OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-D OF THIS CHAPTER, and except an adjudication of liability of an owner
 for a violation of toll collection regulations pursuant to  section  two
 thousand  nine  hundred  eighty-five  of  the  public authorities law or
 sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
 seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
 levied in addition to any sentence, penalty or other surcharge  required
 or permitted by law, an additional surcharge of twenty-eight dollars.
   §  37-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-e of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
 OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-D OF THIS CHAPTER, and except an adjudication of liability of an owner
 for a violation of toll collection regulations pursuant to  section  two
 thousand  nine  hundred  eighty-five  of  the  public authorities law or
 sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
 seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
 levied in addition to any sentence, penalty or other surcharge  required
 or permitted by law, an additional surcharge of twenty-eight dollars.

 S. 9097                            63
 
   §  37-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 5 of part C of chapter 55 of  the
 laws of 2013, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
 OF  SUBDIVISION  (B),  (C),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED
 EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHT-
 Y-D OF THIS CHAPTER, and except an adjudication of liability of an owner
 for  a  violation of toll collection regulations pursuant to section two
 thousand nine hundred eighty-five  of  the  public  authorities  law  or
 sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
 seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
 levied  in addition to any sentence, penalty or other surcharge required
 or permitted by law, an additional surcharge of twenty-eight dollars.
   § 38. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
 401  of  the vehicle and traffic law, as amended by section 8 of chapter
 222 of the laws of 2015, is amended to read as follows:
   (i) If at the time of application for a registration or renewal there-
 of there is a certification from a  court,  parking  violations  bureau,
 traffic  and  parking  violations  agency  or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry of a final decision in response to a
 total of three or more summonses or  other  process  in  the  aggregate,
 issued  within  an eighteen month period, charging either that: (i) such
 motor vehicle was parked, stopped or standing, or that such motor  vehi-
 cle  was operated for hire by the registrant or his or her agent without
 being licensed as a motor vehicle for  hire  by  the  appropriate  local
 authority,  in  violation of any of the provisions of this chapter or of
 any law, ordinance, rule or regulation made by  a  local  authority;  or
 (ii) the registrant was liable in accordance with section eleven hundred
 eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
 eleven-d of this chapter for a violation of subdivision (d)  of  section
 eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
 liable in accordance with section eleven hundred eleven-c of this  chap-
 ter  for  a  violation  of  a  bus  lane  restriction as defined in such
 section, or (iv) the registrant was liable in  accordance  with  section
 eleven  hundred  eighty-b of this chapter for a violation of subdivision
 (c) or (d) of section eleven hundred eighty of this chapter, or (v)  the
 registrant was liable in accordance with section eleven hundred eighty-c
 of  this  chapter  for  a violation of subdivision (c) or (d) of section
 eleven hundred eighty of this chapter; or (vi) the registrant was liable
 in accordance with section eleven hundred eleven-e of this chapter for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter,  OR  (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION  OF  SUBDIVISION

 S. 9097                            64
 
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commis-
 sioner or his or her agent shall deny the registration or renewal appli-
 cation  until  the  applicant provides proof from the court, traffic and
 parking violations agency or administrative tribunal wherein the charges
 are pending that an appearance or answer has been made or in the case of
 an  administrative  tribunal  that he or she has complied with the rules
 and regulations of said tribunal following entry of  a  final  decision.
 Where an application is denied pursuant to this section, the commission-
 er  may, in his or her discretion, deny a registration or renewal appli-
 cation to any other person for the same vehicle and may deny a registra-
 tion or renewal application for any other motor  vehicle  registered  in
 the  name  of  the  applicant where the commissioner has determined that
 such registrant's intent has been to evade the purposes of this subdivi-
 sion and where the commissioner has reasonable grounds to  believe  that
 such  registration  or  renewal  will  have  the effect of defeating the
 purposes of this subdivision. Such denial shall only remain in effect as
 long as the summonses remain unanswered, or in the case of  an  adminis-
 trative  tribunal,  the  registrant  fails  to comply with the rules and
 regulations following entry of a final decision.
   § 38-a. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as amended by section 8-a of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry of a final decision in response to a
 total of three or more summonses or  other  process  in  the  aggregate,
 issued  within  an eighteen month period, charging either that: (i) such
 motor vehicle was parked, stopped or standing, or that such motor  vehi-
 cle  was operated for hire by the registrant or his or her agent without
 being licensed as a motor vehicle for  hire  by  the  appropriate  local
 authority,  in  violation of any of the provisions of this chapter or of
 any law, ordinance, rule or regulation made by  a  local  authority;  or
 (ii) the registrant was liable in accordance with section eleven hundred
 eleven-b  of  this chapter for a violation of subdivision (d) of section
 eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
 liable  in accordance with section eleven hundred eleven-c of this chap-
 ter for a violation of  a  bus  lane  restriction  as  defined  in  such
 section;  or  (iv)  the registrant was liable in accordance with section
 eleven hundred eleven-d of this chapter for a violation  of  subdivision
 (d)  of  section eleven hundred eleven of this chapter or (v) the regis-
 trant was liable in accordance with section eleven hundred  eighty-b  of
 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter; or (v) the registrant was
 liable  in accordance with section eleven hundred eighty-c of this chap-
 ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section
 eleven hundred eighty of this chapter; or (vi) the registrant was liable
 in accordance with section eleven hundred eleven-e of this chapter for a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED  EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
 TER, the commissioner or his or her agent shall deny the registration or
 renewal application until the applicant provides proof from the court or

 S. 9097                            65
 
 administrative tribunal wherein the charges are pending that an  appear-
 ance  or answer has been made or in the case of an administrative tribu-
 nal that he or she has complied with the rules and regulations  of  said
 tribunal  following  entry  of a final decision. Where an application is
 denied pursuant to this section, the commissioner may,  in  his  or  her
 discretion,  deny  a  registration  or  renewal application to any other
 person for the same vehicle and  may  deny  a  registration  or  renewal
 application  for  any  other motor vehicle registered in the name of the
 applicant where the commissioner has determined that  such  registrant's
 intent  has been to evade the purposes of this subdivision and where the
 commissioner has reasonable grounds to believe that such registration or
 renewal will have the effect of defeating the purposes of this  subdivi-
 sion.  Such  denial shall only remain in effect as long as the summonses
 remain unanswered, or in the case of  an  administrative  tribunal,  the
 registrant  fails  to  comply  with  the rules and regulations following
 entry of a final decision.
   § 38-b. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as amended by section 8-b of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period, charging that: (i) such motor vehicle was parked, stopped
 or standing, or that such motor vehicle was operated  for  hire  by  the
 registrant or his or her agent without being licensed as a motor vehicle
 for  hire by the appropriate local authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by a local authority; or (ii) the registrant was liable in accord-
 ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
 violation of a bus lane restriction as defined in such section; or (iii)
 the  registrant  was  liable  in  accordance with section eleven hundred
 eleven-d of this chapter for a violation of subdivision (d)  of  section
 eleven hundred eleven of this chapter; or (iv) the registrant was liable
 in accordance with section eleven hundred eighty-b of this chapter for a
 violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter, or the registrant was liable in  accord-
 ance  with  section  eleven  hundred  eighty-c  of  this  chapter  for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred  eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORD-
 ANCE WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-D  OF  THIS  CHAPTER  FOR  A
 VIOLATION  OF  SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER; or (v)  the  registrant  was  liable  in
 accordance  with  section  eleven hundred eleven-e of this chapter for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter,  the  commissioner or his or her agent shall deny the registra-
 tion or renewal application until the applicant provides proof from  the
 court or administrative tribunal wherein the charges are pending that an
 appearance  or  answer has been made or in the case of an administrative
 tribunal that he or she has complied with the rules and  regulations  of
 said  tribunal following entry of a final decision. Where an application
 is denied pursuant to this section, the commissioner may, in his or  her
 discretion,  deny  a  registration  or  renewal application to any other

 S. 9097                            66

 person for the same vehicle and  may  deny  a  registration  or  renewal
 application  for  any  other motor vehicle registered in the name of the
 applicant where the commissioner has determined that  such  registrant's
 intent  has been to evade the purposes of this subdivision and where the
 commissioner has reasonable grounds to believe that such registration or
 renewal will have the effect of defeating the purposes of this  subdivi-
 sion.  Such  denial shall only remain in effect as long as the summonses
 remain unanswered, or in the case of  an  administrative  tribunal,  the
 registrant  fails  to  comply  with  the rules and regulations following
 entry of a final decision.
   § 38-c. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as amended by section 8-c of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period, charging that: (i) such motor vehicle was parked, stopped
 or standing, or that such motor vehicle was operated  for  hire  by  the
 registrant or his or her agent without being licensed as a motor vehicle
 for  hire by the appropriate local authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by a local authority; or (ii) the registrant was liable in accord-
 ance with  section  eleven  hundred  eleven-d  of  this  chapter  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter; or (iii) the registrant was liable in accordance  with  section
 eleven  hundred  eighty-b  of this chapter for violations of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter, or the registrant was liable  in  accordance  with  section  eleven
 hundred eighty-c of this chapter for violations of subdivision (b), (c),
 (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE
 REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
 OF  THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G)
 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER; or (iv) the registrant
 was liable in accordance with section eleven hundred  eleven-e  of  this
 chapter  for  a  violation  of subdivision (d) of section eleven hundred
 eleven of this chapter, the commissioner or his or her agent shall  deny
 the  registration  or  renewal  application until the applicant provides
 proof from the court or administrative tribunal wherein the charges  are
 pending  that an appearance or answer has been made or in the case of an
 administrative tribunal that he has complied with the  rules  and  regu-
 lations  of  said tribunal following entry of a final decision. Where an
 application is denied pursuant to this section, the commissioner may, in
 his or her discretion, deny a registration or renewal application to any
 other person for the same vehicle and may deny a registration or renewal
 application for any other motor vehicle registered in the  name  of  the
 applicant  where  the commissioner has determined that such registrant's
 intent has been to evade the purposes of this subdivision and where  the
 commissioner has reasonable grounds to believe that such registration or
 renewal  will have the effect of defeating the purposes of this subdivi-
 sion. Such denial shall only remain in effect as long as  the  summonses
 remain  unanswered,  or  in  the case of an administrative tribunal, the

 S. 9097                            67
 
 registrant fails to comply with  the  rules  and  regulations  following
 entry of a final decision.
   §  38-d.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-d of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there is a certification from a  court  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant or his or her represen-
 tative failed to appear on the return date or any  subsequent  adjourned
 date  or  failed to comply with the rules and regulations of an adminis-
 trative tribunal following entry of a  final  decision  in  response  to
 three  or  more  summonses  or  other process, issued within an eighteen
 month period, charging that such motor vehicle was  parked,  stopped  or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his agent without being licensed as a motor vehicle for hire by
 the  appropriate  local authority, in violation of any of the provisions
 of this chapter or of any law, ordinance, rule or regulation made  by  a
 local authority, or the registrant was liable in accordance with section
 eleven  hundred  eighty-c  of this chapter for violations of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter, OR THE REGISTRANT WAS LIABLE  IN  ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C),
 (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, or the
 registrant was liable in accordance with section eleven hundred eleven-d
 of  this  chapter  for  a violation of subdivision (d) of section eleven
 hundred eleven of this chapter, or the registrant was liable in  accord-
 ance  with  section  eleven  hundred  eleven-e  of  this  chapter  for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter,  the  commissioner or his or her agent shall deny the registra-
 tion or renewal application until the applicant provides proof from  the
 court or administrative tribunal wherein the charges are pending that an
 appearance  or  answer has been made or in the case of an administrative
 tribunal that he or she has complied with the rules and  regulations  of
 said  tribunal following entry of a final decision. Where an application
 is denied pursuant to this section, the commissioner may, in his or  her
 discretion,  deny  a  registration  or  renewal application to any other
 person for the same vehicle and  may  deny  a  registration  or  renewal
 application  for  any  other motor vehicle registered in the name of the
 applicant where the commissioner has determined that  such  registrant's
 intent  has been to evade the purposes of this subdivision and where the
 commissioner has reasonable grounds to believe that such registration or
 renewal will have the effect of defeating the purposes of this  subdivi-
 sion.  Such  denial shall only remain in effect as long as the summonses
 remain unanswered, or in the case of  an  administrative  tribunal,  the
 registrant  fails  to  comply  with  the rules and regulations following
 entry of a final decision.
   § 38-e. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as amended by section 8-e of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen

 S. 9097                            68
 
 month  period,  charging  that such motor vehicle was parked, stopped or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his or her agent without being licensed as a motor vehicle  for
 hire  by  the  appropriate  local  authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by  a  local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
 WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR  VIOLATIONS  OF
 SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
 OF THIS CHAPTER, or the registrant was liable in accordance with section
 eleven hundred eleven-d of this chapter for a violation  of  subdivision
 (d)  of section eleven hundred eleven of this chapter, or the registrant
 was liable in accordance with section eleven hundred  eleven-e  of  this
 chapter  for  a  violation  of subdivision (d) of section eleven hundred
 eleven of this chapter, the commissioner or his or her agent shall  deny
 the  registration  or  renewal  application until the applicant provides
 proof from the court or administrative tribunal wherein the charges  are
 pending  that an appearance or answer has been made or in the case of an
 administrative tribunal that he has complied with the  rules  and  regu-
 lations  of said tribunal following entry of a final decision.  Where an
 application is denied pursuant to this section, the commissioner may, in
 his or her discretion, deny a registration or renewal application to any
 other person for the same vehicle and may deny a registration or renewal
 application for any other motor vehicle registered in the  name  of  the
 applicant  where  the commissioner has determined that such registrant's
 intent has been to evade the purposes of this subdivision and where  the
 commissioner has reasonable grounds to believe that such registration or
 renewal  will have the effect of defeating the purposes of this subdivi-
 sion. Such denial shall only remain in effect as long as  the  summonses
 remain  unanswered,  or  in  the case of an administrative tribunal, the
 registrant fails to comply with  the  rules  and  regulations  following
 entry of a final decision.
   §  38-f.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-f of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there is a certification from a  court  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant or his or her represen-
 tative failed to appear on the return date or any  subsequent  adjourned
 date  or  failed to comply with the rules and regulations of an adminis-
 trative tribunal following entry of a  final  decision  in  response  to
 three  or  more  summonses  or  other process, issued within an eighteen
 month period, charging that such motor vehicle was  parked,  stopped  or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant  or his or her agent without being licensed as a motor vehicle for
 hire by the appropriate local authority, in  violation  of  any  of  the
 provisions  of this chapter or of any law, ordinance, rule or regulation
 made by a local authority, OR THE REGISTRANT WAS  LIABLE  IN  ACCORDANCE
 WITH  SECTION  ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF
 SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED  EIGHTY
 OF THIS CHAPTER, or the registrant was liable in accordance with section
 eleven  hundred  eleven-e of this chapter for a violation of subdivision
 (d) of section eleven hundred eleven of this chapter,  the  commissioner
 or  his  or her agent shall deny the registration or renewal application
 until the applicant provides proof  from  the  court  or  administrative
 tribunal  wherein  the  charges are pending that an appearance or answer
 has been made or in the case of an administrative tribunal that  he  has

 S. 9097                            69
 
 complied with the rules and regulations of said tribunal following entry
 of  a  final  decision.  Where an application is denied pursuant to this
 section, the commissioner may, in his or her discretion, deny  a  regis-
 tration  or renewal application to any other person for the same vehicle
 and may deny a registration or renewal application for any  other  motor
 vehicle  registered  in the name of the applicant where the commissioner
 has determined that such registrant's  intent  has  been  to  evade  the
 purposes  of  this subdivision and where the commissioner has reasonable
 grounds to believe that such  registration  or  renewal  will  have  the
 effect  of defeating the purposes of this subdivision. Such denial shall
 only remain in effect as long as the summonses remain unanswered, or  in
 the  case  of an administrative tribunal, the registrant fails to comply
 with the rules and regulations following entry of a final decision.
   § 38-g. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and  traffic  law,  as separately amended by chapters 339 and 592 of the
 laws of 1987, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there is a certification from a  court  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant  or  his representative
 failed to appear on the return date or any subsequent adjourned date  or
 failed  to  comply  with  the rules and regulations of an administrative
 tribunal following entry of a final decision in  response  to  three  or
 more summonses or other process, issued within an eighteen month period,
 charging  that  such  motor  vehicle was parked, stopped or standing, or
 that such motor vehicle was operated for hire by the registrant  or  his
 agent  without  being licensed as a motor vehicle for hire by the appro-
 priate local authority, in violation of any of the  provisions  of  this
 chapter  or  of  any  law, ordinance, rule or regulation made by a local
 authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
 EN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF  SUBDIVISION  (B),
 (C),  (D),  (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
 the commissioner or his agent shall deny  the  registration  or  renewal
 application  until the applicant provides proof from the court or admin-
 istrative tribunal wherein the charges are pending that an appearance or
 answer has been made or in the case of an administrative  tribunal  that
 he  has complied with the rules and regulations of said tribunal follow-
 ing entry of a final decision. Where an application is  denied  pursuant
 to  this section, the commissioner may, in his discretion, deny a regis-
 tration or renewal application to any other person for the same  vehicle
 and  may  deny a registration or renewal application for any other motor
 vehicle registered in the name of the applicant where  the  commissioner
 has  determined  that  such  registrant's  intent  has been to evade the
 purposes of this subdivision and where the commissioner  has  reasonable
 grounds  to  believe  that  such  registration  or renewal will have the
 effect of defeating the purposes of this subdivision. Such denial  shall
 only  remain in effect as long as the summonses remain unanswered, or in
 the case of an administrative tribunal, the registrant fails  to  comply
 with the rules and regulations following entry of a final decision.
   §  39.  Subdivision  2  of  section  87  of the public officers law is
 amended by adding a new paragraph (p) to read as follows:
   (P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-D
 OF THE VEHICLE AND TRAFFIC LAW.
   § 40. The purchase or lease of equipment for a  demonstration  program
 pursuant  to  section  1180-d  of  the  vehicle and traffic law shall be
 subject to the provisions of section 103 of the general municipal law.

 S. 9097                            70
 
   § 41. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
 401  of  the vehicle and traffic law, as amended by section 8 of chapter
 222 of the laws of 2015, is amended to read as follows:
   (i) If at the time of application for a registration or renewal there-
 of  there  is  a  certification from a court, parking violations bureau,
 traffic and parking violations  agency  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant or his or her represen-
 tative failed to appear on the return date or any  subsequent  adjourned
 date  or  failed to comply with the rules and regulations of an adminis-
 trative tribunal following entry of a final decision in  response  to  a
 total  of  three  or  more  summonses or other process in the aggregate,
 issued within an eighteen month period, charging either that:  (i)  such
 motor  vehicle was parked, stopped or standing, or that such motor vehi-
 cle was operated for hire by the registrant or his or her agent  without
 being  licensed  as  a  motor  vehicle for hire by the appropriate local
 authority, in violation of any of the provisions of this chapter  or  of
 any  law,  ordinance,  rule  or regulation made by a local authority; or
 (ii) the registrant was liable in accordance with section eleven hundred
 eleven-a, section eleven hundred  eleven-b  or  section  eleven  hundred
 eleven-d  of  this chapter for a violation of subdivision (d) of section
 eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
 liable  in accordance with section eleven hundred eleven-c of this chap-
 ter for a violation of  a  bus  lane  restriction  as  defined  in  such
 section[,]; or (iv) the registrant was liable in accordance with section
 eleven  hundred  eighty-b of this chapter for a violation of subdivision
 (c) or (d) of section eleven hundred eighty of this chapter[,];  or  (v)
 the  registrant  was  liable  in  accordance with section eleven hundred
 eighty-c of this chapter for a violation of subdivision (c)  or  (d)  of
 section  eleven  hundred  eighty of this chapter; or (vi) the registrant
 was liable in accordance with section eleven hundred  eleven-e  of  this
 chapter  for  a  violation  of subdivision (d) of section eleven hundred
 eleven of this chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE
 WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION  OF
 SUBDIVISION  (D)  OF  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the
 commissioner or his or her agent shall deny the registration or  renewal
 application  until  the applicant provides proof from the court, traffic
 and parking violations agency or  administrative  tribunal  wherein  the
 charges are pending that an appearance or answer has been made or in the
 case  of an administrative tribunal that he or she has complied with the
 rules and regulations of said tribunal following entry of a final  deci-
 sion.  Where  an  application  is  denied  pursuant to this section, the
 commissioner may, in his or  her  discretion,  deny  a  registration  or
 renewal  application  to  any  other person for the same vehicle and may
 deny a registration or renewal application for any other  motor  vehicle
 registered  in  the  name  of  the  applicant where the commissioner has
 determined that such registrant's intent has been to evade the  purposes
 of this subdivision and where the commissioner has reasonable grounds to
 believe  that  such  registration  or  renewal  will  have the effect of
 defeating the purposes of  this  subdivision.  Such  denial  shall  only
 remain  in  effect as long as the summonses remain unanswered, or in the
 case of an administrative tribunal, the registrant fails to comply  with
 the rules and regulations following entry of a final decision.
   §  41-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-a of chapter 222 of the laws of
 2015, is amended to read as follows:

 S. 9097                            71
 
   a. If at the time of application for a registration or renewal thereof
 there is a certification from a  court  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant or his or her represen-
 tative failed to appear on the return date or any  subsequent  adjourned
 date  or  failed to comply with the rules and regulations of an adminis-
 trative tribunal following entry of a final decision in  response  to  a
 total  of  three  or  more  summonses or other process in the aggregate,
 issued within an eighteen month period, charging either that:  (i)  such
 motor  vehicle was parked, stopped or standing, or that such motor vehi-
 cle was operated for hire by the registrant or his or her agent  without
 being  licensed  as  a  motor  vehicle for hire by the appropriate local
 authority, in violation of any of the provisions of this chapter  or  of
 any  law,  ordinance,  rule  or regulation made by a local authority; or
 (ii) the registrant was liable in accordance with section eleven hundred
 eleven-b of this chapter for a violation of subdivision (d)  of  section
 eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
 liable in accordance with section eleven hundred eleven-c of this  chap-
 ter  for  a  violation  of  a  bus  lane  restriction as defined in such
 section; or (iv) the registrant was liable in  accordance  with  section
 eleven  hundred  eleven-d of this chapter for a violation of subdivision
 (d) of section eleven hundred eleven of this chapter or (v)  the  regis-
 trant  was  liable in accordance with section eleven hundred eighty-b of
 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter; or (v) the registrant was
 liable in accordance with section eleven hundred eighty-c of this  chap-
 ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
 eleven hundred eighty of this chapter; or (vi) the registrant was liable
 in accordance with section eleven hundred eleven-e of this chapter for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter;  OR  (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION  OF  SUBDIVISION
 (D)  OF  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner
 or his or her agent shall deny the registration or  renewal  application
 until  the  applicant  provides  proof  from the court or administrative
 tribunal wherein the charges are pending that an  appearance  or  answer
 has  been  made  or in the case of an administrative tribunal that he or
 she has complied with the rules and regulations of said tribunal follow-
 ing entry of a final decision. Where an application is  denied  pursuant
 to  this section, the commissioner may, in his or her discretion, deny a
 registration or renewal application to any other  person  for  the  same
 vehicle and may deny a registration or renewal application for any other
 motor  vehicle registered in the name of the applicant where the commis-
 sioner has determined that such registrant's intent has  been  to  evade
 the  purposes of this subdivision and where the commissioner has reason-
 able grounds to believe that such registration or renewal will have  the
 effect  of defeating the purposes of this subdivision. Such denial shall
 only remain in effect as long as the summonses remain unanswered, or  in
 the  case  of an administrative tribunal, the registrant fails to comply
 with the rules and regulations following entry of a final decision.
   § 41-b. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as amended by section 8-b of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned

 S. 9097                            72
 
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period, charging that: (i) such motor vehicle was parked, stopped
 or standing, or that such motor vehicle was operated  for  hire  by  the
 registrant or his or her agent without being licensed as a motor vehicle
 for  hire by the appropriate local authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by a local authority; or (ii) the registrant was liable in accord-
 ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
 violation of a bus lane restriction as defined in such section; or (iii)
 the  registrant  was  liable  in  accordance with section eleven hundred
 eleven-d of this chapter for a violation of subdivision (d)  of  section
 eleven hundred eleven of this chapter; or (iv) the registrant was liable
 in accordance with section eleven hundred eighty-b of this chapter for a
 violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter, or the registrant was liable in  accord-
 ance  with  section  eleven  hundred  eighty-c  of  this  chapter  for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
 accordance with section eleven hundred eleven-e of this  chapter  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter; OR (VI) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED  ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER,  the  commissioner
 or  his  or her agent shall deny the registration or renewal application
 until the applicant provides proof  from  the  court  or  administrative
 tribunal  wherein  the  charges are pending that an appearance or answer
 has been made or in the case of an administrative tribunal  that  he  or
 she has complied with the rules and regulations of said tribunal follow-
 ing  entry  of a final decision. Where an application is denied pursuant
 to this section, the commissioner may, in his or her discretion, deny  a
 registration  or  renewal  application  to any other person for the same
 vehicle and may deny a registration or renewal application for any other
 motor vehicle registered in the name of the applicant where the  commis-
 sioner  has  determined  that such registrant's intent has been to evade
 the purposes of this subdivision and where the commissioner has  reason-
 able  grounds to believe that such registration or renewal will have the
 effect of defeating the purposes of this subdivision. Such denial  shall
 only  remain in effect as long as the summonses remain unanswered, or in
 the case of an administrative tribunal, the registrant fails  to  comply
 with the rules and regulations following entry of a final decision.
   §  41-c.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-c of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there is a certification from a  court  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant or his or her represen-
 tative failed to appear on the return date or any  subsequent  adjourned
 date  or  failed to comply with the rules and regulations of an adminis-
 trative tribunal following entry of a  final  decision  in  response  to
 three  or  more  summonses  or  other process, issued within an eighteen
 month period, charging that: (i) such motor vehicle was parked,  stopped
 or  standing,  or  that  such motor vehicle was operated for hire by the
 registrant or his or her agent without being licensed as a motor vehicle
 for hire by the appropriate local authority, in violation of any of  the

 S. 9097                            73
 
 provisions  of this chapter or of any law, ordinance, rule or regulation
 made by a local authority; or (ii) the registrant was liable in  accord-
 ance  with  section  eleven  hundred  eleven-d  of  this  chapter  for a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter; or (iii) the registrant was liable in accordance  with  section
 eleven  hundred  eighty-b  of this chapter for violations of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter, or the registrant was liable  in  accordance  with  section  eleven
 hundred eighty-c of this chapter for violations of subdivision (b), (c),
 (d),  (f)  or  (g)  of section eleven hundred eighty of this chapter; or
 (iv) the registrant was liable in accordance with section eleven hundred
 eleven-e of this chapter for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter; OR (V) THE REGISTRANT WAS LIABLE
 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A
 VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF  THIS
 CHAPTER,  the  commissioner or his or her agent shall deny the registra-
 tion or renewal application until the applicant provides proof from  the
 court or administrative tribunal wherein the charges are pending that an
 appearance  or  answer has been made or in the case of an administrative
 tribunal that he has complied with the rules  and  regulations  of  said
 tribunal  following  entry  of a final decision. Where an application is
 denied pursuant to this section, the commissioner may,  in  his  or  her
 discretion,  deny  a  registration  or  renewal application to any other
 person for the same vehicle and  may  deny  a  registration  or  renewal
 application  for  any  other motor vehicle registered in the name of the
 applicant where the commissioner has determined that  such  registrant's
 intent  has been to evade the purposes of this subdivision and where the
 commissioner has reasonable grounds to believe that such registration or
 renewal will have the effect of defeating the purposes of this  subdivi-
 sion.  Such  denial shall only remain in effect as long as the summonses
 remain unanswered, or in the case of  an  administrative  tribunal,  the
 registrant  fails  to  comply  with  the rules and regulations following
 entry of a final decision.
   § 41-d. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as amended by section 8-d of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period,  charging  that such motor vehicle was parked, stopped or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his agent without being licensed as a motor vehicle for hire by
 the appropriate local authority, in violation of any of  the  provisions
 of  this  chapter or of any law, ordinance, rule or regulation made by a
 local authority, or the registrant was liable in accordance with section
 eleven hundred eighty-c of this chapter for  violations  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter,  or  the  registrant  was  liable in accordance with section eleven
 hundred eleven-d of this chapter for a violation of subdivision  (d)  of
 section  eleven  hundred  eleven  of this chapter, or the registrant was
 liable in accordance with section eleven hundred eleven-e of this  chap-
 ter  for a violation of subdivision (d) of section eleven hundred eleven

 S. 9097                            74
 
 of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION  OF  SUBDIVISION
 (D)  OF  SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, the commissioner
 or  his  or her agent shall deny the registration or renewal application
 until the applicant provides proof  from  the  court  or  administrative
 tribunal  wherein  the  charges are pending that an appearance or answer
 has been made or in the case of an administrative tribunal  that  he  or
 she has complied with the rules and regulations of said tribunal follow-
 ing  entry  of a final decision. Where an application is denied pursuant
 to this section, the commissioner may, in his or her discretion, deny  a
 registration  or  renewal  application  to any other person for the same
 vehicle and may deny a registration or renewal application for any other
 motor vehicle registered in the name of the applicant where the  commis-
 sioner  has  determined  that such registrant's intent has been to evade
 the purposes of this subdivision and where the commissioner has  reason-
 able  grounds to believe that such registration or renewal will have the
 effect of defeating the purposes of this subdivision. Such denial  shall
 only  remain in effect as long as the summonses remain unanswered, or in
 the case of an administrative tribunal, the registrant fails  to  comply
 with the rules and regulations following entry of a final decision.
   §  41-e.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-e of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there is a certification from a  court  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant or his or her represen-
 tative failed to appear on the return date or any  subsequent  adjourned
 date  or  failed to comply with the rules and regulations of an adminis-
 trative tribunal following entry of a  final  decision  in  response  to
 three  or  more  summonses  or  other process, issued within an eighteen
 month period, charging that such motor vehicle was  parked,  stopped  or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant  or his or her agent without being licensed as a motor vehicle for
 hire by the appropriate local authority, in  violation  of  any  of  the
 provisions  of this chapter or of any law, ordinance, rule or regulation
 made by a local authority, or the registrant was  liable  in  accordance
 with  section eleven hundred eleven-d of this chapter for a violation of
 subdivision (d) of section eleven hundred eleven of this chapter, or the
 registrant was liable in accordance with section eleven hundred eleven-e
 of this chapter for a violation of subdivision  (d)  of  section  eleven
 hundred  eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORD-
 ANCE WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-F  OF  THIS  CHAPTER  FOR  A
 VIOLATION  OF  SUBDIVISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
 CHAPTER, the commissioner or his or her agent shall deny  the  registra-
 tion  or renewal application until the applicant provides proof from the
 court or administrative tribunal wherein the charges are pending that an
 appearance or answer has been made or in the case of  an  administrative
 tribunal  that  he  has  complied with the rules and regulations of said
 tribunal following entry of a final decision.  Where an  application  is
 denied  pursuant  to  this  section, the commissioner may, in his or her
 discretion, deny a registration or  renewal  application  to  any  other
 person  for  the  same  vehicle  and  may deny a registration or renewal
 application for any other motor vehicle registered in the  name  of  the
 applicant  where  the commissioner has determined that such registrant's
 intent has been to evade the purposes of this subdivision and where  the
 commissioner has reasonable grounds to believe that such registration or

 S. 9097                            75
 
 renewal  will have the effect of defeating the purposes of this subdivi-
 sion. Such denial shall only remain in effect as long as  the  summonses
 remain  unanswered,  or  in  the case of an administrative tribunal, the
 registrant  fails  to  comply  with  the rules and regulations following
 entry of a final decision.
   § 41-f. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as amended by section 8-f of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period,  charging  that such motor vehicle was parked, stopped or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his or her agent without being licensed as a motor vehicle  for
 hire  by  the  appropriate  local  authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by  a  local authority, or the registrant was liable in accordance
 with section eleven hundred eleven-e of this chapter for a violation  of
 subdivision (d) of section eleven hundred eleven of this chapter, OR THE
 REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F
 OF  THIS  CHAPTER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN
 HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or  his  or  her  agent
 shall  deny  the registration or renewal application until the applicant
 provides proof from the court or  administrative  tribunal  wherein  the
 charges are pending that an appearance or answer has been made or in the
 case  of  an administrative tribunal that he has complied with the rules
 and regulations of said tribunal following entry of  a  final  decision.
 Where an application is denied pursuant to this section, the commission-
 er  may, in his or her discretion, deny a registration or renewal appli-
 cation to any other person for the same vehicle and may deny a registra-
 tion or renewal application for any other motor  vehicle  registered  in
 the  name  of  the  applicant where the commissioner has determined that
 such registrant's intent has been to evade the purposes of this subdivi-
 sion and where the commissioner has reasonable grounds to  believe  that
 such  registration  or  renewal  will  have  the effect of defeating the
 purposes of this subdivision. Such denial shall only remain in effect as
 long as the summonses remain unanswered, or in the case of  an  adminis-
 trative  tribunal,  the  registrant  fails  to comply with the rules and
 regulations following entry of a final decision.
   § 41-g. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and  traffic  law,  as separately amended by chapters 339 and 592 of the
 laws of 1987, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there is a certification from a  court  or  administrative  tribunal  of
 appropriate  jurisdiction  that  the  registrant  or  his representative
 failed to appear on the return date or any subsequent adjourned date  or
 failed  to  comply  with  the rules and regulations of an administrative
 tribunal following entry of a final decision in  response  to  three  or
 more summonses or other process, issued within an eighteen month period,
 charging  that  such  motor  vehicle was parked, stopped or standing, or
 that such motor vehicle was operated for hire by the registrant  or  his
 agent  without  being licensed as a motor vehicle for hire by the appro-

 S. 9097                            76
 
 priate local authority, in violation of any of the  provisions  of  this
 chapter  or  of  any  law, ordinance, rule or regulation made by a local
 authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
 EN  HUNDRED  ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
 OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER,  the  commissioner  or
 his  agent  shall deny the registration or renewal application until the
 applicant provides proof from the court or administrative tribunal wher-
 ein the charges are pending that an appearance or answer has  been  made
 or  in  the case of an administrative tribunal that he has complied with
 the rules and regulations of said tribunal following entry  of  a  final
 decision.  Where  an application is denied pursuant to this section, the
 commissioner may, in his discretion,  deny  a  registration  or  renewal
 application  to  any  other  person  for the same vehicle and may deny a
 registration or renewal application for any other motor  vehicle  regis-
 tered in the name of the applicant where the commissioner has determined
 that  such  registrant's  intent  has been to evade the purposes of this
 subdivision and where the commissioner has reasonable grounds to believe
 that such registration or renewal will have the effect of defeating  the
 purposes of this subdivision. Such denial shall only remain in effect as
 long  as  the summonses remain unanswered, or in the case of an adminis-
 trative tribunal, the registrant fails to  comply  with  the  rules  and
 regulations following entry of a final decision.
   §  42.  The vehicle and traffic law is amended by adding a new section
 1111-f to read as follows:
   § 1111-F. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 TRAFFIC-CONTROL INDICATIONS. (A) 1.  NOTWITHSTANDING ANY OTHER PROVISION
 OF  LAW, THE COUNTY OF WESTCHESTER 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 COUNTY IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS  SECTION.  SUCH
 DEMONSTRATION  PROGRAM  SHALL EMPOWER SUCH COUNTY TO INSTALL AND OPERATE
 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING  DEVICES  AT  NO  MORE
 THAN ONE HUNDRED INTERSECTIONS WITHIN AND UNDER THE JURISDICTION OF SUCH
 COUNTY 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 COUNTY HAS MADE A REASONABLE EFFORT TO COMPLY
 WITH THE PROVISIONS OF THIS PARAGRAPH.
   (B) IN ANY SUCH COUNTY WHICH HAS ADOPTED  A  LOCAL  LAW  OR  ORDINANCE
 PURSUANT  TO  SUBDIVISION  (A)  OF  THIS SECTION, THE OWNER OF A VEHICLE
 SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH
 VEHICLE  WAS  USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
 OR IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF  SECTION  ELEVEN  HUNDRED
 ELEVEN  OF  THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
 OBTAINED  FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO   VIOLATION-MONITORING
 SYSTEM;  PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
 A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE  OPERATOR  OF  SUCH
 VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.

 S. 9097                            77
 
   (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
 "TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
 VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  TRAFFIC-CONTROL
 SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
 MICROPHOTOGRAPHS,  A  VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
 AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION  (D)  OF
 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 WESTCHESTER COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
 ILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTOGRAPHS,
 VIDEOTAPE  OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL SIGNAL
 PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF  THE
 FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
 INSPECTION  IN  ANY  PROCEEDING  TO  ADJUDICATE  THE  LIABILITY FOR SUCH
 VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO  THIS
 SECTION.
   (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW  OR  ORDI-
 NANCE  ADOPTED  PURSUANT  TO  THIS  SECTION SHALL BE LIABLE FOR MONETARY
 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
 FORTH IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER  PURSU-
 ANT  TO  THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION;
 PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE  FOR  AN
 ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF  TWENTY-FIVE  DOLLARS  FOR EACH
 VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE
 PRESCRIBED TIME PERIOD.
   (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
 AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
 WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
 PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
 SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
 OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
 (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
 SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
 VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY WESTCHESTER
 COUNTY  OR  BY ANY OTHER ENTITY AUTHORIZED BY SUCH COUNTY TO PREPARE AND
 MAIL SUCH NOTIFICATION OF VIOLATION.

 S. 9097                            78
 
   (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
 POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO
 AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
 VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME  THE
 VIOLATION  OCCURRED  AND  HAD  NOT  BEEN  RECOVERED  BY SUCH TIME.   FOR
 PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT  SHALL
 BE  SUFFICIENT  THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
 VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDICTION.
   (J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT  BE
 LIABLE  FOR  THE  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
 ELEVEN OF THIS ARTICLE, PROVIDED THAT HE  OR  SHE  SENDS  TO  THE  COURT
 HAVING  JURISDICTION  A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT
 DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE  VIOLATION,  WITH  THE
 NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS
 AFTER  RECEIVING  NOTICE  FROM  THE  COURT  OF THE DATE AND TIME OF SUCH
 VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
 NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH  THIR-
 TY-SEVEN  DAY  TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY
 PRESCRIBED  BY  THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES  WITH   THE
 PROVISIONS  OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF
 SUCH VIOLATION SHALL BE DEEMED TO BE  THE  OWNER  OF  SUCH  VEHICLE  FOR
 PURPOSES  OF  THIS  SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY  FOR THE
 VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF  THIS
 ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY
 PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
   (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO  THIS  SECTION
 WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
 OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
 VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
 TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
 BE  A  PRESUMPTION  THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
 VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH  OPERATOR  FAILED
 TO OBEY A TRAFFIC-CONTROL INDICATION.
   (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (D)  OF
 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   (M)  WHEN A COUNTY HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
 THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
 BE MADE TO THE COUNTY COMMISSIONER OF FINANCE WITHIN THE FIRST TEN  DAYS
 OF THE MONTH FOLLOWING COLLECTION.
   (N)  IN  ANY SUCH COUNTY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT
 TO SUBDIVISION (A) OF THIS SECTION, SUCH COUNTY SHALL SUBMIT  AN  ANNUAL
 REPORT  ON  THE  RESULTS  OF  THE  USE OF A TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF
 THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
 THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN  WHICH

 S. 9097                            79
 
 THE  DEMONSTRATION  PROGRAM  IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   1.  A  DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
 SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
 TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
 VEHICLES OF THIS STATE;
   3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
 SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND  IN
 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY;
   7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR VIOLATIONS RECORDED
 BY SUCH SYSTEMS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY FROM SUCH ADJU-
 DICATIONS;
   9. EXPENSES INCURRED BY SUCH COUNTY IN CONNECTION  WITH  THE  PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
 TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
 ALLEGED VIOLATION.
   § 43. The opening paragraph and paragraph  (c)  of  subdivision  1  of
 section 1809 of the vehicle and traffic law, as amended by section 10 of
 chapter 222 of the laws of 2015, are amended to read as follows:
   Whenever  proceedings in an administrative tribunal or a court of this
 state result in a conviction for an offense  under  this  chapter  or  a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction  involving  standing,  stopping,  or parking or violations by
 pedestrians or bicyclists, or other than an adjudication of liability of
 an owner for a violation of subdivision (d) of  section  eleven  hundred
 eleven  of  this  chapter  in  accordance  with  section  eleven hundred
 eleven-a of this chapter, or other than an adjudication of liability  of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-b  of  this  chapter, or other than an adjudication in accordance
 with section eleven hundred eleven-c of this chapter for a violation  of
 a  bus  lane  restriction  as  defined in such section, or other than an
 adjudication of liability of an owner for a violation of subdivision (d)
 of section eleven hundred eleven of  this  chapter  in  accordance  with
 section  eleven hundred eleven-d of this chapter, or other than an adju-
 dication of liability of an owner for a violation  of  subdivision  (b),
 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
 accordance  with  section  eleven  hundred  eighty-b of this chapter, or

 S. 9097                            80
 
 other than an adjudication of liability of an owner for a  violation  of
 subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
 of this chapter in accordance with section eleven  hundred  eighty-c  of
 this chapter, or other than an adjudication of liability of an owner for
 a  violation of subdivision (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-e of this chap-
 ter, OR OTHER THAN AN ADJUDICATION  OF  LIABILITY  OF  AN  OWNER  FOR  A
 VIOLATION  OF  SUBDIVISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
 TER, there shall be levied a crime victim assistance fee and a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 accordance with the following schedule:
   (c)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for  an  offense  under  this  chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter,  or  a  traffic  infraction under this chapter, or a local law,
 ordinance, rule or regulation adopted pursuant to  this  chapter,  other
 than  a  traffic  infraction involving standing, stopping, or parking or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation  of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-b of this chapter,  or  other  than  an  adjudication  of
 liability  of  an  owner  for  a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-d  of this chapter, or other than an infraction pursuant
 to article nine of this chapter or other than an adjudication of liabil-
 ity of an owner for a violation of toll collection regulations  pursuant
 to  section two thousand nine hundred eighty-five of the public authori-
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty or other than
 an adjudication in accordance with section eleven  hundred  eleven-c  of
 this  chapter  for  a  violation of a bus lane restriction as defined in
 such section, or other than an adjudication of liability of an owner for
 a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b  of this chapter, or other than an adjudication of liability of
 an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
 section eleven hundred eighty of this chapter in accordance with section
 eleven  hundred  eighty-c of this chapter, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-e of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF
 LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  ELEVEN-F  OF THIS CHAPTER, there shall be levied a crime victim
 assistance fee in the amount of five dollars and a mandatory  surcharge,
 in  addition to any sentence required or permitted by law, in the amount
 of fifty-five dollars.
   § 43-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  amended  by  section  10-a  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a

 S. 9097                            81
 
 traffic infraction under this chapter, or a local law,  ordinance,  rule
 or  regulation  adopted  pursuant  to this chapter, other than a traffic
 infraction involving standing, stopping, parking or motor vehicle equip-
 ment  or violations by pedestrians or bicyclists, or other than an adju-
 dication of liability of an owner for a violation of subdivision (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred  eleven-a of this chapter, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
 accordance  with  section  eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section, or other
 than an adjudication of liability of an owner for a violation of  subdi-
 vision  (d)  of section eleven hundred eleven of this chapter in accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-b of this chapter,
 or other than an adjudication of liability of an owner for  a  violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-c  of  this  chapter, or other than an adjudication of liability of an
 owner for a violation of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-e of
 this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR
 A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF  THIS
 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
 TER,  there  shall  be  levied a mandatory surcharge, in addition to any
 sentence required or permitted by law,  in  the  amount  of  twenty-five
 dollars.
   §  43-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-b of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 in accordance with section eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section, or other
 than an adjudication of liability of an owner for a violation of  subdi-
 vision  (d)  of section eleven hundred eleven of this chapter in accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-b of this chapter,
 or other than an adjudication of liability of an owner for  a  violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-c  of  this  chapter, or other than an adjudication of liability of an
 owner for a violation of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-e of
 this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR
 A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF  THIS
 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
 TER,  there  shall  be  levied a mandatory surcharge, in addition to any

 S. 9097                            82
 
 sentence required or permitted  by  law,  in  the  amount  of  seventeen
 dollars.
   §  43-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-c of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (b),  (c),  (d),
 (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
 ance with section eleven hundred eighty-b of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-c of this chapter,
 or other than an adjudication of liability of an owner for  a  violation
 of  subdivision  (d) of section eleven hundred eleven of this chapter in
 accordance with section eleven hundred  eleven-d  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
 accordance  with  section  eleven  hundred  eleven-e of this chapter, OR
 OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A  VIOLATION  OF
 SUBDIVISION  (D)  OF  SECTION  ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS  CHAPTER,  there
 shall  be  levied  a  mandatory  surcharge,  in addition to any sentence
 required or permitted by law, in the amount of seventeen dollars.
   § 43-d. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  amended  by  section  10-d  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (b), (c), (d),
 (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
 ance with section eleven hundred eighty-c of this chapter, or other than
 an  adjudication of liability of an owner for a violation of subdivision
 (d) of section eleven hundred eleven of this chapter in accordance  with
 section  eleven hundred eleven-d of this chapter, or other than an adju-
 dication of liability of an owner for a violation of subdivision (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred  eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION
 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)  OF  SECTION
 ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED ELEVEN-F OF THIS CHAPTER, there  shall  be  levied  a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of seventeen dollars.
   § 43-e. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  amended  by  section  10-e  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or

 S. 9097                            83
 
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-d  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation  of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-e of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF
 LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  ELEVEN-F  OF  THIS  CHAPTER,  there shall be levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the amount of seventeen dollars.
   §  43-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-f of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-e of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF
 LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  ELEVEN-F  OF  THIS  CHAPTER,  there shall be levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the amount of seventeen dollars.
   §  43-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as separately amended by chapter 16 of the laws of 1983 and  chapter  62
 of the laws of 1989, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)  OF  SECTION
 ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED ELEVEN-F OF THIS CHAPTER, there  shall  be  levied  a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of seventeen dollars.
   § 44. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
 and  traffic law, as amended by section 11 of chapter 222 of the laws of
 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a court or  an  administrative  tribunal  of  this  state  result  in  a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter or in accordance with section eleven hundred eleven-d of this  chap-
 ter, or in accordance with section eleven hundred eleven-e of this chap-

 S. 9097                            84
 
 ter,  OR  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-F OF THIS
 CHAPTER, and except an adjudication of  liability  of  an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-b of this chap-
 ter,  and  except  an  adjudication  in  accordance  with section eleven
 hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
 restriction  as  defined  in such section, and except an adjudication of
 liability of an owner for a violation of subdivision (b), (c), (d),  (f)
 or  (g)  of  section eleven hundred eighty of this chapter in accordance
 with section eleven hundred eighty-b of  this  chapter,  and  except  an
 adjudication  of  liability  of  an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-c of this  chapter,
 and  except  an adjudication of liability of an owner for a violation of
 toll collection  regulations  pursuant  to  section  two  thousand  nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty, there shall be levied in addition to any
 sentence, penalty or other surcharge required or permitted  by  law,  an
 additional surcharge of twenty-eight dollars.
   §  44-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-a of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter  OR  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED ELEVEN-F OF THIS
 CHAPTER, and except an adjudication in accordance  with  section  eleven
 hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
 restriction as defined in such section, and except  an  adjudication  of
 liability  of an owner for a violation of subdivision (b), (c), (d), (f)
 or (g) of section eleven hundred eighty of this  chapter  in  accordance
 with  section  eleven  hundred  eighty-b  of this chapter, and except an
 adjudication of liability of an owner for  a  violation  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-c of this chapter,
 and except an adjudication of liability of an owner for a  violation  of
 toll  collection  regulations  pursuant  to  section  two  thousand nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws of nineteen hundred fifty, there shall be levied in addition to any
 sentence,  penalty  or  other surcharge required or permitted by law, an
 additional surcharge of twenty-eight dollars.
   § 44-b. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law, as amended by section 11-b of chapter 222 of the laws
 of 2015, is amended to read as follows:

 S. 9097                            85
 
   a. Notwithstanding any other provision of law, whenever proceedings in
 a court or  an  administrative  tribunal  of  this  state  result  in  a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter or in accordance with section eleven hundred eleven-d of this  chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter OR IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-F  OF  THIS
 CHAPTER,  and  except  an  adjudication  of  liability of an owner for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b  of this chapter, and except an adjudication of liability of an
 owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
 section eleven hundred eighty of this chapter in accordance with section
 eleven  hundred  eighty-c of this chapter, and except an adjudication of
 liability of an owner for a violation  of  toll  collection  regulations
 pursuant  to section two thousand nine hundred eighty-five of the public
 authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
 ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
 there shall be levied in addition to  any  sentence,  penalty  or  other
 surcharge required or permitted by law, an additional surcharge of twen-
 ty-eight dollars.
   §  44-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-c of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter  OR  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED ELEVEN-F OF THIS
 CHAPTER, and except an adjudication of  liability  of  an  owner  for  a
 violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-c of this chapter, and except an adjudication of liability of  an
 owner for a violation of toll collection regulations pursuant to section
 two  thousand  nine hundred eighty-five of the public authorities law or
 sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
 seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
 levied in addition to any sentence, penalty or other surcharge  required
 or permitted by law, an additional surcharge of twenty-eight dollars.
   §  44-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-d of chapter 222 of  the  laws
 of 2015, is amended to read as follows:

 S. 9097                            86
 
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter or in accordance with section eleven hundred eleven-d of this  chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter OR IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-F  OF  THIS
 CHAPTER,  and  except  an  adjudication  of  liability of an owner for a
 violation of toll collection regulations pursuant to section  two  thou-
 sand  nine hundred eighty-five of the public authorities law or sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty, there shall be levied in addition
 to any sentence, penalty or other surcharge  required  or  permitted  by
 law, an additional surcharge of twenty-eight dollars.
   §  44-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-e of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS  CHAP-
 TER, and except an adjudication of liability of an owner for a violation
 of  toll  collection  regulations  pursuant to section two thousand nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws of nineteen hundred fifty, there shall be levied in addition to any
 sentence,  penalty  or  other surcharge required or permitted by law, an
 additional surcharge of twenty-eight dollars.
   § 44-f. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic law, as amended by section 5 of part C of chapter 55 of the
 laws of 2013, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a court or  an  administrative  tribunal  of  this  state  result  in  a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS  CHAP-

 S. 9097                            87
 
 TER, and except an adjudication of liability of an owner for a violation
 of  toll  collection  regulations  pursuant to section two thousand nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty, there shall be levied in addition to any
 sentence, penalty or other surcharge required or permitted  by  law,  an
 additional surcharge of twenty-eight dollars.
   §  45.  Subdivision  2  of  section  87  of the public officers law is
 amended by adding a new paragraph (p) to read as follows:
   (P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER  AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-F OF
 THE VEHICLE AND TRAFFIC LAW.
   § 46. Section 370 of the general municipal law is amended by adding  a
 new subdivision 6 to read as follows:
   6.  THERE  SHALL  BE A DEPARTMENT OF THE WESTCHESTER COUNTY GOVERNMENT
 KNOWN AS THE WESTCHESTER COUNTY TRAFFIC AND PARKING  VIOLATIONS  AGENCY,
 WHICH SHALL OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECU-
 TIVE.
   §  47. Subdivision 1 of section 370-a of the general municipal law, as
 amended by chapter 388 of the laws of 2012, is amended and a new  subdi-
 vision 2-b is added to read as follows:
   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 OR A DEPARTMENT IN THE WESTCHESTER COUNTY GOVERNMENT ESTAB-
 LISHED  PURSUANT  TO  SUBDIVISION  SIX OF SUCH SECTION to administer and
 dispose of traffic and parking infractions.
   2-B. "TRAFFIC PROSECUTOR" SHALL ALSO MEAN AN ATTORNEY DULY ADMITTED TO
 PRACTICE LAW IN THE STATE OF NEW YORK  WHO  HAS  THE  RESPONSIBILITY  OF
 PROSECUTING  ANY  TRAFFIC INFRACTIONS RETURNABLE BEFORE ANY OF THE LOCAL
 COURTS IN WESTCHESTER COUNTY HAVING JURISDICTION OVER PARKING AND  TRAF-
 FIC  INFRACTIONS WHICH OCCUR ON ROADS OR PROPERTY OWNED BY, OR UNDER THE
 CONTROL OF WESTCHESTER COUNTY PURSUANT TO THE JURISDICTIONAL LIMITATIONS
 OF SECTION THREE HUNDRED SEVENTY-ONE-A OF THIS ARTICLE.
   § 48. The general municipal law is amended by  adding  a  new  section
 371-a to read as follows:
   §  371-A. JURISDICTION AND PROCEDURE; WESTCHESTER COUNTY. 1. THE WEST-
 CHESTER COUNTY TRAFFIC AND PARKING  VIOLATIONS  AGENCY,  AS  ESTABLISHED
 UNDER  SUBDIVISION SIX OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE,
 MAY BE AUTHORIZED TO DISPOSE OF VIOLATIONS OF TRAFFIC LAWS,  ORDINANCES,
 RULES AND REGULATIONS WHEN SUCH OFFENSE SHALL NOT CONSTITUTE THE TRAFFIC
 INFRACTION KNOWN AS SPEEDING OR A MISDEMEANOR OR FELONY, AND, IF AUTHOR-
 IZED  BY LOCAL LAW, TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
 OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE  VEHICLE  AND
 TRAFFIC  LAW  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF SUCH
 LAW. THE WESTCHESTER COUNTY TRAFFIC AND PARKING  VIOLATIONS  AGENCY  MAY
 ALSO  BE  AUTHORIZED  TO  ASSIST  THE LOCAL COURTS IN WESTCHESTER COUNTY
 HAVING JURISDICTION OVER PARKING AND TRAFFIC INFRACTIONS WHICH OCCUR  ON
 ROADS  OR PROPERTY OWNED BY, OR UNDER THE CONTROL OF WESTCHESTER COUNTY,
 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-F  OF SUCH LAW, EXCEPT THAT SUCH AGENCIES SHALL NOT HAVE
 JURISDICTION OVER (A) THE TRAFFIC INFRACTION DEFINED  UNDER  SUBDIVISION

 S. 9097                            88
 
 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 C OF SUBDIVI-
 SION  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.
   2. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED  OF  BY
 THE  WESTCHESTER  COUNTY  TRAFFIC  AND  PARKING VIOLATIONS AGENCY MAY BE
 PERMITTED TO ANSWER,  WITHIN  A  SPECIFIED  TIME,  AT  THE  TRAFFIC  AND
 VIOLATIONS  AGENCY  EITHER  IN PERSON OR BY WRITTEN POWER OF ATTORNEY IN
 SUCH FORM AS MAY BE PRESCRIBED IN THE LOCAL LAW CREATING THE AGENCY,  BY
 PAYING  A  PRESCRIBED  FINE AND, IN WRITING, WAIVING A HEARING IN COURT,
 PLEADING GUILTY TO THE CHARGE OR ADMITTING 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 AGENCY TO ENTER SUCH A PLEA  OR  ADMISSION  AND  ACCEPT
 PAYMENT  OF  SAID  FINE.  ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF
 ATTORNEY BY THE AGENCY SHALL BE DEEMED  COMPLETE  SATISFACTION  FOR  THE
 VIOLATION  OR  OF  THE LIABILITY, AND THE VIOLATOR OR OWNER LIABLE FOR A
 VIOLATION OF SUBDIVISION (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 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 HAVING JURISDICTION OVER THE
 TRAFFIC INFRACTION, 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  MAXIMUM  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 AND PARKING VIOLATIONS AGENCY, BUT
 MUST  APPEAR  IN  COURT  AT  A TIME SPECIFIED BY THE AGENCY. SUCH AGENCY
 SHALL NOT BE AUTHORIZED TO DEPRIVE A PERSON OF HIS RIGHT TO  COUNSEL  OR
 TO  PREVENT  HIM  FROM EXERCISING 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.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENALTIES
 AND  FORFEITURES COLLECTED BY THE WESTCHESTER COUNTY TRAFFIC AND PARKING
 VIOLATIONS AGENCY SHALL BE DISTRIBUTED AS PROVIDED IN  SECTION  EIGHTEEN

 S. 9097                            89
 
 HUNDRED  THREE  OF THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND
 FORFEITURES FOR VIOLATIONS ADJUDICATED BY THE WESTCHESTER COUNTY TRAFFIC
 AND PARKING VIOLATIONS  AGENCY  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  WITH THE EXCEPTION OF PARKING VIOLATIONS SHALL BE PAID BY SUCH
 AGENCY 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.
   § 49. Section 99-l of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   3.  THE COUNTY OF WESTCHESTER SHALL BE ENTITLED TO RECEIVE THE AMOUNTS
 SET FORTH IN SUBDIVISION ONE OF THIS SECTION FOR  THE  SERVICES  OF  THE
 WESTCHESTER  COUNTY  TRAFFIC  AND  PARKING VIOLATIONS AGENCY AND FOR ALL
 OTHER SERVICES INSTITUTED AND TRIABLE IN AND BY SUCH  AGENCY  WHEREIN  A
 FINE IS IMPOSED, A SURCHARGE OF TEN DOLLARS.
   §  50.  Subdivision  3  of  section  99-a of the state finance law, as
 amended by section 4 of part I of chapter 58 of the  laws  of  2018,  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 [and], Suffolk AND WEST-
 CHESTER counties traffic and parking violations  agencies,  and  by  the
 city  of Buffalo traffic violations agency, and by the city of Rochester
 traffic violations agency,  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  procedures  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 [and], Suffolk AND
 WESTCHESTER  counties  traffic  and  parking violations agencies, to the
 county treasurer, or, in the case  of  the  Buffalo  traffic  violations
 agency,  to  the  city  of  Buffalo  comptroller,  or in the case of the
 Rochester traffic violations agency, to the city of Rochester  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 [and],
 Suffolk AND WESTCHESTER counties traffic and parking violations agencies
 or the city of Buffalo traffic violations agency or the city of  Roches-
 ter  traffic  violations  agency  may utilize these procedures only when
 permitted by the comptroller,  and  such  permission,  once  given,  may
 subsequently be withdrawn by the comptroller on due notice.
   §  51.  Subdivision  3  of  section  99-a of the state finance law, as
 amended by chapter 157 of the laws  of  2017,  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 [and], Suffolk AND WEST-
 CHESTER counties traffic and parking violations  agencies,  and  by  the
 city  of Buffalo traffic violations agency, and by the city of Rochester
 traffic violations agency to the justice court fund and for the distrib-

 S. 9097                            90
 
 ution of such moneys by the justice court fund. Notwithstanding any  law
 to the contrary, the alternative procedures 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 [and], Suffolk AND
 WESTCHESTER  counties  traffic  and  parking violations agencies, to the
 county treasurer, or, in the case  of  the  Buffalo  traffic  violations
 agency,  to  the  city  of  Buffalo  comptroller,  or in the case of the
 Rochester traffic violations agency, to the city of Rochester 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  [and],
 Suffolk AND WESTCHESTER counties traffic and parking violations agencies
 or  the city of Buffalo traffic violations agency or the city of Roches-
 ter traffic violations agency may utilize  these  procedures  only  when
 permitted  by  the  comptroller,  and  such  permission, once given, may
 subsequently be withdrawn by the comptroller on due notice.
   § 52. Paragraph (e) of subdivision 2 of section 39  of  the  judiciary
 law,  as  amended  by  section  4 of part K of chapter 56 of the laws of
 2010, is amended to read as follows:
   (e) All fees collected pursuant to sections  eighteen  hundred  three,
 eighteen  hundred  three-A  and  nineteen hundred eleven of the New York
 city civil court act, all fees collected pursuant to state  law  by  the
 county  clerks  in  the  city  of New York, except as otherwise provided
 herein with respect to fees collected pursuant  to  subdivision  (a)  of
 section  eight thousand eighteen of the civil practice law and rules and
 except those fees collected by the clerk of Richmond county which in the
 other counties of the city of New York are collected by the city  regis-
 ters,  all fees collected pursuant to section eight thousand eighteen of
 the civil practice law and rules  except  only  to  the  extent  of  one
 hundred sixty-five dollars of any fee collected pursuant to subparagraph
 (i)  of  paragraph one of subdivision (a) of such section and except for
 those collected pursuant to subparagraph (ii) of paragraph one [of para-
 graph three] of such subdivision (a), all  fees  collected  pursuant  to
 section eight thousand twenty of the civil practice law and rules except
 for  those  collected  pursuant to subdivisions (f), (g) and (h) of said
 section, all fees collected pursuant to section eight  thousand  twenty-
 two  of the civil practice law and rules, all fees collected pursuant to
 section twenty-four hundred two of the surrogate's court procedure  act,
 all  fees collected pursuant to section eighteen hundred three, eighteen
 hundred three-A and subdivision (a) of section nineteen  hundred  eleven
 of  the  uniform  district  court  act,  all  fees collected pursuant to
 section eighteen hundred three, eighteen hundred three-A and subdivision
 (a) of section nineteen hundred eleven of the uniform city court act and
 all fines, penalties and forfeitures collected pursuant  to  subdivision
 eight  of section eighteen hundred three of the vehicle and traffic law,
 except such fines, penalties and forfeitures  collected  by  the  Nassau
 COUNTY  AND  WESTCHESTER  county traffic and parking violations [agency]
 AGENCIES, section 71-0211 of the environmental conservation law, section
 two hundred one of the navigation law and  subdivision  one  of  section
 27.13  of  the  parks, recreation and historic preservation law shall be
 paid to the state commissioner of taxation  and  finance  on  a  monthly
 basis  no  later  than  ten  days after the last day of each month.  The

 S. 9097                            91
 
 additional fee of five dollars collected by county clerks  in  New  York
 city  pursuant  to  paragraph  three of subdivision (a) of section eight
 thousand eighteen of the civil practice law and rules shall be  distrib-
 uted  monthly by the county clerks as follows: four dollars and seventy-
 five cents to the commissioner of education for deposit into  the  local
 government  records  management improvement funds; and twenty-five cents
 to the city of New York.
   § 53. The purchase or lease of equipment for a  demonstration  program
 established  pursuant  to  section 1111-f of the vehicle and traffic law
 shall be subject to the provisions of section 103 of the general munici-
 pal law.
   § 54. Notwithstanding any provision of law to the contrary no  non-ju-
 dicial  employee of any local court located in the county of Westchester
 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.
   § 55. The administrative judge of Westchester county shall issue on an
 annual  basis,  beginning  eighteen months following the creation of the
 Westchester county traffic and parking  violations  agency  pursuant  to
 Westchester  county local law, a report detailing the progress, develop-
 ment and operations 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 Westchester county executive,
 the legislature of the county of Westchester, the presiding judge of the
 Westchester county district court and the  Westchester  county  district
 attorney.
   §  56.  1.    This section shall be known and may be cited as the "New
 York city public works investment act".
   2. For the purposes of this section:
   (a) "Authorized entity" shall mean the New  York  city  department  of
 design  and construction, the New York city department of transportation
 and the New York city health and hospitals corporation.
   (b) "Best value" shall mean  the  basis  for  awarding  contracts  for
 services  to  a  proposer  that  optimizes quality, cost and efficiency,
 price and performance criteria, which may include, but  is  not  limited
 to:
   (1) The quality of the proposer's performance on previous projects;
   (2) The timeliness of the proposer's performance on previous projects;
   (3) The level of customer satisfaction with the proposer's performance
 on previous projects;
   (4)  The  proposer's  record of performing previous projects on budget
 and ability to minimize cost overruns;
   (5) The proposer's ability to limit change orders;
   (6) The proposer's ability to prepare appropriate project plans;
   (7) The proposer's technical capacities;
   (8) The individual qualifications of the proposer's key personnel;
   (9) The proposer's ability to assess and manage risk and minimize risk
 impact;
   (10) The proposer's financial capability;
   (11) The proposer's ability to comply  with  applicable  requirements,
 including  the  provisions of articles 145, 147 and 148 of the education
 law;
   (12) The proposer's past record of compliance with federal, state  and
 local  laws, rules, licensing requirements, where applicable, and execu-
 tive orders, including but not limited to compliance with the labor  law

 S. 9097                            92
 
 and other applicable labor and prevailing wage laws, article 15-A of the
 executive  law,  and  any other applicable laws concerning minority- and
 women-owned business enterprise participation;
   (13) The proposer's record of complying with existing labor standards,
 maintaining  harmonious  labor  relations, and protecting the health and
 safety of workers and payment of wages above any locally-defined  living
 wage; and
   (14)  A quantitative factor to be used in evaluation of bids or offers
 for awarding of contracts for bidders or offerers that are certified  as
 minority- or women-owned business enterprises as defined in subdivisions
 1, 7, 15 and 20 of section 310 of the executive law, or certified pursu-
 ant to local law as minority- or women-owned business enterprises.
   Such  basis  shall reflect, wherever possible, objective and quantifi-
 able analysis.
   (c) "Cost plus" shall mean compensating a contractor for the  cost  to
 complete a contract by reimbursing actual costs for labor, equipment and
 materials plus an additional amount for overhead and profit.
   (d)  "Design-build  contract" shall mean a contract for the design and
 construction of a public work with a single entity, which may be a  team
 comprised of separate entities.
   (e)  "Project  labor  agreement"  shall  have the meaning set forth in
 subdivision 1 of section 222 of the labor law. A project labor agreement
 shall require participation in apprentice training programs  in  accord-
 ance with paragraph (e) of subdivision 2 of such section.
   (f)  "Public  work"  shall  mean  a  public work related to one of the
 following, and shall refer to any of these public works:
   (1) the Rodman's Neck firearms and tactical training facility;
   (2) the Crossroads youth facility in the Brownsville section of  Kings
 county;
   (3)  the  Horizons  adolescent  facility  in the Mott Haven section of
 Bronx county;
   (4) a new police department precinct in Southeast Queens;
   (5) the Staten Island ferry terminal and related facilities resiliency
 efforts;
   (6) the Elmhurst Hospital emergency room renovation in Queens county;
   (7) Franklin D. Roosevelt East River Drive bridge northbound from  the
 vicinity of 42nd street to the vicinity of 49th street in New York coun-
 ty,
   (8) Bridges along the Belt parkway from the vicinity of Sheepshead Bay
 to the vicinity of Nostrand avenue in Kings county,
   (9)  Property  clerk  storage  and  operations facility for the police
 department of the city of New York in Queens county,
   (10) Kensico-Eastview connection water tunnel from the Kensico  Reser-
 voir  to the Catskill Delaware Ultraviolet Facility at Eastview in West-
 chester county, or
   (11) Hillview Central Distribution Facility at Hillview  Reservoir  in
 Westchester county.
   3.  Any  contract  for  a public work undertaken pursuant to a project
 labor agreement in accordance with section 222 of the labor law may be a
 design-build contract in accordance with this section.
   4. Notwithstanding any general, special or local law,  rule  or  regu-
 lation  to the contrary, including but not limited to article 5-A of the
 general municipal law and section 8 of the  New  York  city  health  and
 hospitals  corporation  act,  and in conformity with the requirements of
 this section, for any public work that has an estimated  total  cost  of
 not  less  than  ten  million  dollars  and  is undertaken pursuant to a

 S. 9097                            93
 
 project labor agreement in accordance with section 222 of the labor law,
 an authorized entity charged with awarding a contract  for  public  work
 may  use  the  alternative  delivery  method referred to as design-build
 contracts.
   (a)  A  contractor  selected by such authorized entity to enter into a
 design-build contract shall be selected through a  two-step  method,  as
 follows:
   (1)  Step  one.  Generation of a list of responding entities that have
 demonstrated  the  general  capability  to  perform   the   design-build
 contract.  Such  list  shall consist of a specified number of responding
 entities, as determined by an authorized entity, and shall be  generated
 based  upon  the  authorized  entity's review of responses to a publicly
 advertised request for qualifications. The authorized  entity's  request
 for  qualifications  shall  include  a general description of the public
 work, the maximum number of responding entities to be  included  on  the
 list,  the selection criteria to be used and the relative weight of each
 criteria in generating the list.  Such selection criteria shall  include
 the  qualifications  and experience of the design and construction team,
 organization, demonstrated responsibility, ability of the team or  of  a
 member  or  members  of the team to comply with applicable requirements,
 including the provisions of articles 145, 147 and 148 of  the  education
 law, past record of compliance with the labor law, and such other quali-
 fications the authorized entity deems appropriate, which may include but
 are  not  limited  to  project  understanding,  financial capability and
 record of past performance. The authorized  entity  shall  evaluate  and
 rate  all  responding entities to the request for qualifications.  Based
 upon such ratings, the authorized entity shall list the responding enti-
 ties that shall receive a  request  for  proposals  in  accordance  with
 subparagraph two of this paragraph. To the extent consistent with appli-
 cable  federal  law, the authorized entity shall consider, when awarding
 any contract pursuant to this  subdivision,  the  participation  of  (i)
 responding entities that are certified as minority- or women-owned busi-
 ness  enterprises  as defined in subdivisions 1, 7, 15 and 20 of section
 310 of the executive law, or certified pursuant to local law as  minori-
 ty-  or  women-owned  business  enterprises;  and  (ii)  small  business
 concerns identified pursuant to subdivision (b) of section 139-g of  the
 state finance law; and
   (2) Step two. Selection of the proposal which is the best value to the
 authorized  entity.    The  authorized  entity shall issue a request for
 proposals to the responding entities listed pursuant to subparagraph one
 of this paragraph. If such a responding entity consists  of  a  team  of
 separate  entities,  the  entities that comprise such a team must remain
 unchanged from the responding entity as listed pursuant to  subparagraph
 one  of this paragraph unless otherwise approved by the authorized enti-
 ty. The request for proposals shall set forth the public work's scope of
 work, and other requirements, as determined by  the  authorized  entity,
 which  may  include  separate  goals  for  work under the contract to be
 performed by businesses certified as minority- or  women-owned  business
 enterprises as defined in subdivisions 1, 7, 15 and 20 of section 310 of
 the  executive  law,  or certified pursuant to local law as minority- or
 women-owned business enterprises. The request for proposals  shall  also
 specify  the criteria to be used to evaluate the responses and the rela-
 tive weight of each of such criteria. Such criteria  shall  include  the
 proposal's  cost, the quality of the proposal's solution, the qualifica-
 tions and experience of the proposer, and other factors deemed pertinent
 by the authorized entity, which may include, but shall  not  be  limited

 S. 9097                            94
 
 to,  the  proposal's  manner and schedule of project implementation, the
 proposer's ability to complete the work in  a  timely  and  satisfactory
 manner,  maintenance  costs of the completed public work, maintenance of
 traffic approach, and community impact. Any contract awarded pursuant to
 this  section shall be awarded to a responsive and responsible proposer,
 which, in consideration of these and  other  specified  criteria  deemed
 pertinent,  offers the best value, as determined by the authorized enti-
 ty. The request for proposals shall include a statement  that  proposers
 shall  designate  in writing those portions of the proposal that contain
 trade secrets or other proprietary information that are to remain confi-
 dential; that the material designated as confidential shall  be  readily
 separable  from  the  proposal.  Nothing  in  this  paragraph  shall  be
 construed to prohibit  the  authorized  entity  from  negotiating  final
 contract  terms  and  conditions including cost. All proposals submitted
 shall be scored according to the criteria  listed  in  the  request  for
 proposals  and  such  final  scores shall be published on the authorized
 entity's website.
   (b) An  authorized  entity  awarding  a  design-build  contract  to  a
 contractor  offering the best value may but shall not be required to use
 the following types of contracts:
   (1) A cost-plus  not  to  exceed  guaranteed  maximum  price  form  of
 contract in which the authorized entity shall be entitled to monitor and
 audit  all costs. In establishing the schedule and process for determin-
 ing a guaranteed maximum price,  the  contract  between  the  authorized
 entity and the contractor shall:
   (i)  Describe  the  scope  of the work and the cost of performing such
 work,
   (ii) Include a detailed line item cost breakdown,
   (iii) Include a list of all drawings, specifications and other  infor-
 mation on which the guaranteed maximum price is based,
   (iv)  Include  the  dates of substantial and final completion on which
 the guaranteed maximum price is based, and
   (v) Include a schedule of unit prices; or
   (2) A lump sum contract in which the contractor agrees to accept a set
 dollar amount for a  contract  which  comprises  a  single  bid  without
 providing  a  cost breakdown for all costs such as for equipment, labor,
 materials, as well as such contractor's profit for completing all  items
 of work comprising the public work.
   5.  Any contract entered into pursuant to this section shall include a
 clause requiring that any professional services  regulated  by  articles
 145, 147 and 148 of the education law shall be performed and stamped and
 sealed, where appropriate, by a professional licensed in accordance with
 the appropriate article.
   6.  Construction  with  respect  to  each  contract entered into by an
 authorized entity pursuant to this section shall  be  deemed  a  "public
 work"  to be performed in accordance with the provisions of article 8 of
 the labor law, as well as subject to sections 200, 240, 241 and  242  of
 such  law  and  enforcement  of prevailing wage requirements pursuant to
 applicable law or, for projects or public works receiving  federal  aid,
 applicable  federal  requirements  for  prevailing  wage.  Any  contract
 entered into pursuant to this section shall include a  clause  requiring
 the selected design builder to obligate every tier of contractor working
 on the public work to comply with the project labor agreement referenced
 in  subdivision  three  of this section, and shall include project labor
 agreement compliance monitoring and  enforcement  provisions  consistent
 with the applicable project labor agreement.

 S. 9097                            95
 
   7. Each contract entered into by an authorized entity pursuant to this
 section shall comply with the objectives and goals with regard to minor-
 ity-  and  women-owned  business enterprises pursuant to, as applicable,
 section 6-129 of the administrative code of the city  of  New  York  and
 subdivision  6  of  section  8 of the New York city health and hospitals
 corporation act, or, for projects or public works receiving federal aid,
 applicable federal requirements for disadvantaged  business  enterprises
 or minority- and women-owned business enterprises.
   8.  Public  works  undertaken by an authorized entity pursuant to this
 section shall be subject to the requirements of article 8 of  the  envi-
 ronmental  conservation  law, and, where applicable, the requirements of
 the National Environmental Policy Act.
   9. (a) Notwithstanding any provision  of  law  to  the  contrary,  all
 rights  or  benefits,  including terms and conditions of employment, and
 protection of civil service and  collective  bargaining  status  of  all
 employees  of  authorized  entities solely in connection with the public
 works identified in paragraph (f) of subdivision two  of  this  section,
 shall be preserved and protected.
   (b)  Nothing  in this section shall result in the: (1) displacement of
 any currently employed worker or loss  of  position  (including  partial
 displacement  such  as  a  reduction  in the hours of non-overtime work,
 wages or employment benefits), or result in the impairment  of  existing
 collective  bargaining  agreements;  and (2) transfer of existing duties
 and functions related to maintenance and operations currently  performed
 by existing employees of authorized entities to a contractor.
   (c)  Employees  of  authorized  entities  using design-build contracts
 serving in positions in newly created titles shall be  assigned  to  the
 appropriate  bargaining unit. Nothing contained in this section shall be
 construed to affect (1) the existing rights of employees of  such  enti-
 ties  pursuant  to  an existing collective bargaining agreement, (2) the
 existing representational  relationships  among  employee  organizations
 representing employees of such entities, or (3) the bargaining relation-
 ships between such entities and such employee organizations.
   10.  The  submission  of a proposal or responses or the execution of a
 design-build contract pursuant to this section shall not be construed to
 be a violation of section 6512 of the education law.
   11. Nothing contained in this section shall limit the right  or  obli-
 gation  of  any  authorized  entity to comply with the provisions of any
 existing contract or to award contracts as otherwise provided by law.
   § 57.  Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of the
 criminal procedure law are amended and a new subdivision 3-a is added to
 read as follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at

 S. 9097                            96
 
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON, IT AUTHORIZES THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE  CRIMINAL  ACTION OR PROCEEDING INVOLVED UNDER CONDITIONS ORDERED BY
 THE COURT, THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO  COURT.
 A  PRINCIPAL  SHALL  NOT  BE REQUIRED TO PAY FOR ANY PART OF THE COST OF
 RELEASE ON NON-MONETARY CONDITIONS.
   4. "Commit to the custody of the sheriff." A court commits a principal
 to the custody of the sheriff when, having acquired control  over  [his]
 THE PRINCIPAL'S person, it orders that [he] THE PRINCIPAL be confined in
 the custody of the sheriff during the pendency of the criminal action or
 proceeding involved.
   5.  "Securing  order" means an order of a court committing a principal
 to the custody of the sheriff, or fixing bail, or releasing [him on his]
 THE PRINCIPAL ON THE PRINCIPAL'S own recognizance OR RELEASING THE PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS.
   6. "Order of recognizance or bail" means a securing order releasing  a
 principal  on  [his] THE PRINCIPAL'S own recognizance OR UNDER NON-MONE-
 TARY CONDITIONS or fixing bail.
   7. "Application for recognizance or bail" means an  application  by  a
 principal  that  the court, instead of committing [him] THE PRINCIPAL to
 or retaining [him] THE PRINCIPAL in the custody of the  sheriff,  either
 release  [him  on his own] THE PRINCIPAL ON THE PRINCIPAL'S OWN recogni-
 zance [or], RELEASE UNDER NON-MONETARY CONDITIONS, OR fix bail.
   8. "Post bail" means to deposit bail in the amount and form  fixed  by
 the  court,  with the court or with some other authorized public servant
 or agency.
   9. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH A CRED-
 IT CARD.
   § 58. Section 510.10 of the criminal  procedure  law,  as  amended  by
 chapter 459 of the laws of 1984, is amended to read as follows:
 § 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
            TO BE APPLIED.
   1.  When  a  principal,  whose  future  court attendance at a criminal
 action or proceeding is or may be required, [initially] comes under  the
 control  of  a  court,  such court [must] SHALL, IN ACCORDANCE WITH THIS
 TITLE, by a securing order[, either]  release  [him]  THE  PRINCIPAL  on
 [his]  THE  PRINCIPAL'S  own  recognizance,  RELEASE THE PRINCIPAL UNDER
 NON-MONETARY CONDITIONS, OR fix bail or commit [him]  THE  PRINCIPAL  to
 the custody of the sheriff.
   2.  A  PRINCIPAL  IS  ENTITLED TO REPRESENTATION BY COUNSEL UNDER THIS
 CHAPTER IN PREPARING AN APPLICATION FOR RELEASE, WHEN A  SECURING  ORDER
 IS  BEING  CONSIDERED  AND  WHEN  A SECURING ORDER IS BEING REVIEWED FOR
 MODIFICATION, REVOCATION OR TERMINATION. IF THE PRINCIPAL IS FINANCIALLY
 UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRINCIPAL.
   3. IN CASES WHERE THE MOST SERIOUS OFFENSE WITH  WHICH  THE  DEFENDANT
 STANDS  CHARGED  IN  THE  CASE  BEFORE  THE COURT OR A PENDING CASE IS A
 MISDEMEANOR OFFENSE THE COURT SHALL RELEASE THE PRINCIPAL PENDING  TRIAL
 ON  THE  PRINCIPAL'S  OWN  RECOGNIZANCE,  UNLESS  THE COURT FINDS ON THE
 RECORD OR IN WRITING THAT RELEASE ON THE  PRINCIPAL'S  OWN  RECOGNIZANCE
 WILL  NOT  REASONABLY  ASSURE  THE  PRINCIPAL'S RETURN TO COURT. IN SUCH
 INSTANCES, THE COURT SHALL  RELEASE  THE  PRINCIPAL  UNDER  NON-MONETARY
 CONDITIONS  OR FIX BAIL, SELECTING THE LEAST RESTRICTIVE ALTERNATIVE AND
 CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO  COURT.

 S. 9097                            97
 
 THE  COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE
 RECORD OR IN WRITING.
   4.    WITH  RESPECT  TO  ANY  CHARGE  FOR  WHICH BAIL OR REMAND IS NOT
 ORDERED, A DEFENDANT MAY, AT ANY TIME, REQUEST THAT THE COURT  SET  BAIL
 IN  A NOMINAL AMOUNT REQUESTED BY THE DEFENDANT IN THE FORM SPECIFIED IN
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 520.10 OF THIS TITLE; IF THE
 COURT IS SATISFIED THAT THE REQUEST IS VOLUNTARY, THE  COURT  SHALL  SET
 SUCH BAIL IN SUCH AMOUNT.
   5.  When  a  securing  order is revoked or otherwise terminated in the
 course of an uncompleted action or proceeding but the principal's future
 court attendance still is or may be required and [he] THE  PRINCIPAL  is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 59. Section 510.20 of the criminal procedure law is amended to  read
 as follows:
 §  510.20    Application  for [recognizance or bail; making and determi-
              nation thereof in general] A CHANGE IN SECURING ORDER.
   1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
 securing order with respect to a principal[, or at any time when a]  AND
 THE  principal  is confined in the custody of the sheriff as a result of
 THE SECURING ORDER OR a previously issued securing order, [he] THE PRIN-
 CIPAL may make an application for recognizance, RELEASE UNDER  NON-MONE-
 TARY CONDITIONS or bail.
   2.   (A) THE PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL IN THE
 MAKING AND PRESENTATION OF SUCH APPLICATION. IF THE PRINCIPAL IS  FINAN-
 CIALLY  UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRIN-
 CIPAL.
   (B) Upon such application, the principal must be accorded an  opportu-
 nity  to be heard, and to contend that an order of recognizance, RELEASE
 UNDER NON-MONETARY CONDITIONS or, bail must or should  issue,  that  the
 court  should  release [him on his] THE PRINCIPAL ON THE PRINCIPAL'S own
 recognizance OR UNDER NON-MONETARY CONDITIONS rather than fix bail,  and
 that  if bail is AUTHORIZED AND fixed it should be in a suggested amount
 and form.
   § 60. Section 510.30 of the criminal procedure law,  subparagraph  (v)
 of  paragraph (a) of subdivision 2 as amended by chapter 920 of the laws
 of 1982, subparagraph (vi) of paragraph (a) of subdivision 2  as  renum-
 bered  by  chapter  447 of the laws of 1977, subparagraph (vii) as added
 and subparagraphs (viii) and (ix) of paragraph (a) of subdivision  2  as
 renumbered  by  section  1 of part D of chapter 491 of the laws of 2012,
 and subdivision 3 as added by chapter  788  of  the  laws  of  1981,  is
 amended to read as follows:
 § 510.30 Application for recognizance or bail; rules of law and criteria
              controlling determination.
   1.  Determinations  of  applications for recognizance, RELEASE ON NON-
 MONETARY CONDITIONS, or bail are not in all cases discretionary but  are
 subject  to  rules,  prescribed in article five hundred thirty and other
 provisions of law relating to specific kinds  of  criminal  actions  and
 proceedings,  providing  (a) that in some circumstances such an applica-
 tion must as a matter of law be granted, (b) that in others it must as a
 matter of law be denied and the principal committed to  or  retained  in
 the  custody  of  the  sheriff,  and  (c) that in others the granting or
 denial thereof is a matter of judicial discretion.

 S. 9097                            98

   2. To the extent that  the  issuance  of  an  order  of  recognizance,
 RELEASE  ON  NON-MONETARY  CONDITIONS, or bail and the terms thereof are
 matters of discretion rather than of law, an application  is  determined
 on the basis of the following factors and criteria:
   (a)  With  respect  to any principal, the court must consider the kind
 and degree of control or restriction that is necessary to  secure  [his]
 THE  PRINCIPAL'S  court  attendance  when  required. In determining that
 matter, the court must, on the basis of available information,  consider
 and take into account:
   (i)  The  principal's  character, reputation, habits and mental condi-
 tion;
   (ii) [His] THE PRINCIPAL'S employment and financial resources; and
   (iii) [His] THE PRINCIPAL'S family ties and the length  of  [his]  THE
 PRINCIPAL'S residence if any in the community; and
   (iv) [His] THE PRINCIPAL'S criminal record if any; and
   (v)  [His]  THE PRINCIPAL'S record of previous adjudication as a juve-
 nile delinquent, as retained pursuant to section  354.2  of  the  family
 court act, or, of pending cases where fingerprints are retained pursuant
 to section 306.1 of such act, or a youthful offender, if any; and
   (vi)  [His]  THE  PRINCIPAL'S  previous record if any in responding to
 court appearances when required or with respect to flight to avoid crim-
 inal prosecution; and
   (vii) Where the principal is charged with a crime or crimes against  a
 member  or  members  of  the  same  family  or household as that term is
 defined in subdivision one of section 530.11 of this title, the  follow-
 ing factors:
   (A) any violation by the principal of an order of protection issued by
 any  court  for the protection of a member or members of the same family
 or household as that term is  defined  in  subdivision  one  of  section
 530.11  of  this  title,  whether  or  not  such  order of protection is
 currently in effect; and
   (B) the principal's history of use or possession of a firearm; and
   (viii) If [he] THE  PRINCIPAL  is  a  defendant,  the  weight  of  the
 evidence against him OR HER in the pending criminal action and any other
 factor indicating probability or improbability of conviction; or, in the
 case  of  an  application  for  bail or recognizance pending appeal, the
 merit or lack of merit of the appeal; and
   (ix) If [he] THE PRINCIPAL is a defendant, the sentence which  may  be
 or has been imposed upon conviction.
   (b)  Where  the principal is a defendant-appellant in a pending appeal
 from a judgment of conviction, the court must also consider the  likeli-
 hood  of  ultimate  reversal  of  the judgment. A determination that the
 appeal is palpably without merit alone justifies, but does not  require,
 a  denial  of the application, regardless of any determination made with
 respect to the factors specified in paragraph (a).
   3. When bail or recognizance is ordered, the court  shall  inform  the
 principal,  if he OR SHE is a defendant charged with the commission of a
 felony, that the release is conditional and that the  court  may  revoke
 the  order  of  release  and  commit the principal to the custody of the
 sheriff in accordance with the provisions of subdivision two of  section
 530.60 of this chapter if he OR SHE commits a subsequent felony while at
 liberty upon such order.
   §  61. Section 510.40 of the criminal procedure law is amended to read
 as follows:
 § 510.40 [Application for recognizance or bail;  determination  thereof,
              form of securing order and execution thereof] COURT NOTIFI-

 S. 9097                            99
 
              CATION TO PRINCIPAL OF CONDITIONS OF RELEASE AND OF ALLEGED
              VIOLATIONS OF CONDITIONS OF RELEASE.
   1.  An  application  for  recognizance or bail must be determined by a
 securing order which either:
   (a) Grants the application and releases the principal on  his  OR  HER
 own recognizance; or
   (A-1) GRANTS THE APPLICATION AND RELEASES THE PRINCIPAL UNDER NON-MON-
 ETARY CONDITIONS; OR
   (b) Grants the application and fixes bail; or
   (c)  Denies  the  application and commits the principal to, or retains
 him in, the custody of the sheriff.
   2. Upon ordering that a principal be released on [his] THE PRINCIPAL'S
 own recognizance, OR RELEASED UNDER NON-MONETARY CONDITIONS, OR, IF BAIL
 HAS BEEN FIXED, UPON THE POSTING OF BAIL, the court  must  direct  [him]
 THE  PRINCIPAL  to  appear in the criminal action or proceeding involved
 whenever [his] THE PRINCIPAL'S attendance may be required and to [render
 himself] BE at all times amenable to the orders  and  processes  of  the
 court.  If such principal is in the custody of the sheriff or at liberty
 upon bail at the time of the order, the court must direct that [he]  THE
 PRINCIPAL  be  discharged from such custody or, as the case may be, that
 [his] THE PRINCIPAL'S bail be exonerated.
   3. Upon the issuance of an order fixing bail,  and  upon  the  posting
 thereof,  the  court  must  examine  the  bail  to  determine whether it
 complies with the order.  If it does, the court must, in the absence  of
 some  factor  or circumstance which in law requires or authorizes disap-
 proval thereof, approve  the  bail  and  must  issue  a  certificate  of
 release,  authorizing  the  principal to be at liberty, and, if [he] THE
 PRINCIPAL is in the custody of the sheriff at the  time,  directing  the
 sheriff  to  discharge [him] THE PRINCIPAL therefrom.  If the bail fixed
 is not posted, or is not approved after being  posted,  the  court  must
 order that the principal be committed to the custody of the sheriff.
   4.  NON-MONETARY  CONDITIONS  OF  RELEASE  SHALL BE INDIVIDUALIZED AND
 ESTABLISHED IN WRITING BY THE COURT. AT FUTURE  COURT  APPEARANCES,  THE
 COURT SHALL CONSIDER A LESSENING OF CONDITIONS OR MODIFICATION OF CONDI-
 TIONS TO A LESS BURDENSOME FORM BASED ON THE PRINCIPAL'S COMPLIANCE WITH
 SUCH  CONDITIONS OF RELEASE. IN THE EVENT OF ALLEGED NON-COMPLIANCE WITH
 THE CONDITIONS OF  RELEASE  PURSUANT  TO  THIS  SUBDIVISION,  ADDITIONAL
 CONDITIONS  MAY  BE  IMPOSED  BY THE COURT, ON THE RECORD OR IN WRITING,
 ONLY AFTER NOTICE OF THE FACTS AND CIRCUMSTANCES OF  SUCH  ALLEGED  NON-
 COMPLIANCE,  REASONABLE UNDER THE CIRCUMSTANCES, AFFORDING THE PRINCIPAL
 AND THE PRINCIPAL'S ATTORNEY AND THE PEOPLE AN OPPORTUNITY TO BE  HEARD.
 FOLLOWING  SUCH  A  FINDING, IN DETERMINING WHETHER TO IMPOSE ADDITIONAL
 CONDITIONS FOR NON-COMPLIANCE, THE COURT SHALL CONSIDER AND  MAY  SELECT
 CONDITIONS.    THE  COURT  SHALL EXPLAIN ON THE RECORD OR IN WRITING THE
 REASONS FOR ITS DETERMINATION AND FOR  ANY  CHANGES  TO  THE  CONDITIONS
 IMPOSED.
   5.  (A) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE ORDERED
 IF THE COURT FINDS, AFTER NOTICE, AN OPPORTUNITY  TO  BE  HEARD  AND  AN
 INDIVIDUALIZED DETERMINATION EXPLAINED ON THE RECORD OR IN WRITING, THAT
 THE  DEFENDANT  QUALIFIES  FOR  ELECTRONIC MONITORING IN ACCORDANCE WITH
 SUBDIVISION TWENTY-ONE OF SECTION 500.10 OF THIS TITLE.
   (B) THE SPECIFIC METHOD OF ELECTRONIC MONITORING  OF  THE  PRINCIPAL'S
 LOCATION MUST BE APPROVED BY THE COURT.
   (C)  ELECTRONIC  MONITORING  OF  THE  LOCATION  OF  A PRINCIPAL MAY BE
 CONDUCTED ONLY BY A PUBLIC ENTITY UNDER THE SUPERVISION AND CONTROL OF A
 COUNTY OR MUNICIPALITY.  A COUNTY OR MUNICIPALITY SHALL BE AUTHORIZED TO

 S. 9097                            100
 
 ENTER INTO A CONTRACT WITH ANOTHER COUNTY OR MUNICIPALITY IN  THE  STATE
 TO  MONITOR  PRINCIPALS  UNDER NON-MONETARY CONDITIONS OF RELEASE IN ITS
 COUNTY.
   (D) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE FOR A MAXI-
 MUM  PERIOD  OF  SIXTY  DAYS,  AND MAY BE RENEWED FOR SUCH PERIOD, AFTER
 NOTICE, AN OPPORTUNITY TO BE HEARD AND A DE NOVO, INDIVIDUALIZED  DETER-
 MINATION  IN  ACCORDANCE WITH THIS SUBDIVISION, WHICH SHALL BE EXPLAINED
 ON THE RECORD OR IN WRITING.
   6. IF A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT
 SHALL, ON THE RECORD AND IN AN INDIVIDUALIZED WRITTEN DOCUMENT  PROVIDED
 TO  THE  PRINCIPAL, NOTIFY THE PRINCIPAL, IN PLAIN LANGUAGE AND A MANNER
 SUFFICIENTLY CLEAR AND SPECIFIC:
   (A) OF ANY CONDITIONS TO WHICH THE PRINCIPAL IS SUBJECT, TO SERVE AS A
 GUIDE FOR THE PRINCIPAL'S CONDUCT; AND
   (B) THAT THE POSSIBLE CONSEQUENCES FOR VIOLATION OF SUCH  A  CONDITION
 MAY  INCLUDE REVOCATION OF THE SECURING ORDER AND THE ORDERING OF A MORE
 RESTRICTIVE SECURING ORDER.
   § 62. Section 510.50 of the criminal procedure law is amended to  read
 as follows:
 § 510.50 Enforcement of securing order.
   When  the  attendance  of  a  principal confined in the custody of the
 sheriff is required at the criminal action or proceeding at a particular
 time and place, the court may compel such attendance  by  directing  the
 sheriff  to  produce [him] THE PRINCIPAL at such time and place.  If the
 principal is at liberty on [his] THE  PRINCIPAL'S  own  recognizance  OR
 NON-MONETARY  CONDITIONS  or  on bail, [his] THE PRINCIPAL'S  attendance
 may be achieved or compelled by various methods, including  notification
 and  the  issuance  of  a bench warrant, prescribed by law in provisions
 governing such matters with respect to the particular kind of action  or
 proceeding involved.
   § 63. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by chapter 784 of the laws of 1972, is amended
 to read as follows:
   (b) The court [may] SHALL direct that the bail be posted in any one of
 [two]  THREE  or  more of the forms specified in subdivision one OF THIS
 SECTION, designated in the  alternative,  and  may  designate  different
 amounts varying with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE
 EITHER AN UNSECURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE
 COURT.
   §  64. Section 530.10 of the criminal procedure law is amended to read
 as follows:
 § 530.10 Order of recognizance RELEASE UNDER NON-MONETARY CONDITIONS  or
            bail; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 [or  authorized to order bail or recognizance] TO ISSUE A SECURING ORDER
 for [the release or prospective release of] such  defendant  during  the
 pendency of either:
   1.  A criminal action based upon such charge; or
   2.   An appeal taken by the defendant from a judgment of conviction or
 a sentence or from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   § 65. Subdivision 4 of section 530.11 of the criminal  procedure  law,
 as  added  by  chapter  186  of  the laws of 1997, is amended to read as
 follows:

 S. 9097                            101
 
   4. When a person is arrested for  an  alleged  family  offense  or  an
 alleged  violation  of  an  order  of  protection  or temporary order of
 protection or arrested pursuant to a warrant issued by  the  supreme  or
 family  court, and the supreme or family court, as applicable, is not in
 session,  such  person shall be brought before a local criminal court in
 the county of arrest or in the county in which such warrant  is  return-
 able  pursuant to article one hundred twenty of this chapter. Such local
 criminal court may issue any order authorized under  subdivision  eleven
 of  section  530.12 of this article, section one hundred fifty-four-d or
 one hundred fifty-five of the family court act or subdivision three-b of
 section two hundred forty or subdivision two-a of  section  two  hundred
 fifty-two  of  the  domestic  relations  law, in addition to discharging
 other arraignment responsibilities as set  forth  in  this  chapter.  In
 making  such  order, the local criminal court shall consider DE NOVO the
 [bail] recommendation AND SECURING ORDER, if any, made by the supreme or
 family court as indicated on the  warrant  or  certificate  of  warrant.
 Unless  the  petitioner or complainant requests otherwise, the court, in
 addition to scheduling further criminal proceedings, if  any,  regarding
 such  alleged  family  offense  or violation allegation, shall make such
 matter returnable in the supreme or family court, as applicable, on  the
 next day such court is in session.
   § 66. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure  law,  as added by chapter 388 of the laws of 1984, is amended
 to read as follows:
   (a) revoke an order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
 TIONS or bail and commit the defendant to custody; or
   § 67. The opening paragraph of subdivision 1 of section 530.13 of  the
 criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
 is amended to read as follows:
   When any criminal action is pending, and the court has  not  issued  a
 temporary  order  of protection pursuant to section 530.12 of this arti-
 cle, the court, in addition to the other powers  conferred  upon  it  by
 this  chapter,  may  for  good  cause  shown  issue a temporary order of
 protection in  conjunction  with  any  securing  order  [committing  the
 defendant to the custody of the sheriff or as a condition of a pre-trial
 release,  or  as  a  condition  of release on bail] or an adjournment in
 contemplation of dismissal. In addition to any other conditions, such an
 order may require that the defendant:
   § 68. Subdivision 11 of section 530.12 of the criminal procedure  law,
 as  amended by chapter 498 of the laws of 1993, the opening paragraph as
 amended by chapter 597 of the laws of 1998, paragraph (a) as amended  by
 chapter 222 of the laws of 1994, paragraph (d) as amended by chapter 644
 of the laws of 1996, is amended to read as follows:
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by  a  court  of competent jurisdiction in another state, territorial or
 tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  an  order  of  recognizance OR RELEASE UNDER NON-MONETARY
 CONDITIONS or revoke an order of bail or order forfeiture of  such  bail
 and commit the defendant to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and commit the defendant to  custody;
 or

 S. 9097                            102
 
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  69.  Subdivision 2 of section 530.20 of the criminal procedure law,
 as amended by chapter 531 of the laws  of  1975,  subparagraph  (ii)  of
 paragraph  (b) as amended by chapter 218 of the laws of 1979, is amended
 to read as follows:
   2. When the defendant is charged, by felony complaint, with a  felony,
 the  court  may,  in  its  discretion, order recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS, or bail OR COMMIT THE DEFENDANT TO THE  CUSTODY
 OF THE SHERIFF except as otherwise provided in this subdivision:
   (a) A city court, a town court or a village court may not order recog-
 nizance or bail when (i) the defendant is charged with a class A felony,
 or   (ii)  it  appears  that  the  defendant  has  two  previous  felony
 convictions;
   (b) No local criminal court  may  order  recognizance,  RELEASE  UNDER
 NON-MONETARY CONDITIONS or bail with respect to a defendant charged with
 a felony unless and until:
   (i)    The  district  attorney  has been heard in the matter or, after
 knowledge or notice of the application and reasonable opportunity to  be
 heard,  has  failed  to appear at the proceeding or has otherwise waived
 his right to do so; and
   (ii) The court has been furnished with a report  of  the  division  of
 criminal justice services concerning the defendant's criminal record, if
 any,  or with a police department report with respect to the defendant's
 prior arrest AND CONVICTION record, IF ANY.  If neither report is avail-
 able, the court, with the consent of the district attorney, may dispense
 with this requirement; provided, however, that in an emergency,  includ-
 ing  but  not limited to a substantial impairment in the ability of such
 division or police  department  to  timely  furnish  such  report,  such
 consent  shall not be required if, for reasons stated on the record, the
 court deems it unnecessary. When the court has been furnished  with  any
 such  report  or  record, it shall furnish a copy thereof to counsel for
 the defendant or, if the defendant is not represented by counsel, to the
 defendant.
   § 70. The section heading and subdivisions 1 and 2 of  section  530.30
 of  the  criminal procedure law, subdivision 2 as amended by chapter 762
 of the laws of 1971, are amended to read as follows:
 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or bail; by
              superior court judge when action is pending in local crimi-
              nal court.
   1. When a criminal action is pending in a local criminal court,  other
 than  one  consisting of a superior court judge sitting as such, a judge
 of a superior court holding a term thereof in the county, upon  applica-
 tion  of a defendant, may order recognizance, RELEASE UNDER NON-MONETARY
 CONDITIONS or bail when such local criminal court:
   (a) Lacks authority to issue such an order, pursuant to [paragraph (a)
 of subdivision two] THE RELEVANT PROVISIONS of section  530.20  OF  THIS
 ARTICLE; or

 S. 9097                            103
 
   (b) Has denied an application for recognizance, RELEASE UNDER NON-MON-
 ETARY CONDITIONS or bail; or
   (c) Has fixed bail which is excessive; OR
   (D)  HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
 WHICH ARE MORE RESTRICTIVE  THAN  NECESSARY  TO  REASONABLY  ASSURE  THE
 DEFENDANT'S RETURN TO COURT.
   In  such  case, such superior court judge may vacate the order of such
 local criminal court and release the defendant on [his own] recognizance
 OR UNDER NON-MONETARY CONDITIONS, or fix bail in a lesser amount or in a
 less burdensome form. THE COURT SHALL EXPLAIN ITS CHOICE OF  ALTERNATIVE
 AND CONDITIONS ON THE RECORD OR IN WRITING.
   2.  Notwithstanding the provisions of subdivision one OF THIS SECTION,
 when the defendant is charged with a felony in a local criminal court, a
 superior court judge may not order recognizance, RELEASE UNDER NON-MONE-
 TARY  CONDITIONS  or bail unless and until the district attorney has had
 an opportunity to be heard  in  the  matter  and  such  judge  has  been
 furnished  with  a report as described in subparagraph (ii) of paragraph
 (b) of subdivision two of section 530.20 OF THIS ARTICLE.
   § 71. Section 530.40 of the criminal procedure law, subdivision  3  as
 amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
 by chapter 762 of the laws of 1971, is amended to read as follows:
 § 530.40 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or
            bail; by superior court when action is pending therein.
   When  a  criminal  action  is pending in a superior court, such court,
 upon application of a defendant, must or may order recognizance or  bail
 as follows:
   1.  When  the defendant is charged with an offense or offenses of less
 than felony grade only, the court  must  order  recognizance  or  [bail]
 RELEASE  UNDER  NON-MONETARY CONDITIONS, OR BAIL IN ACCORDANCE WITH THIS
 SECTION.
   2. When the defendant is charged with a felony, the court may, in  its
 discretion,  order  recognizance [or], RELEASE UNDER NON-MONETARY CONDI-
 TIONS OR bail. In any such case in which an indictment (a) has  resulted
 from  an  order  of a local criminal court holding the defendant for the
 action of the grand jury, or (b) was filed  at  a  time  when  a  felony
 complaint  charging  the  same  conduct  was pending in a local criminal
 court, and in which such local criminal court or a superior court  judge
 has  issued  an  order  of recognizance [or], RELEASE UNDER NON-MONETARY
 CONDITIONS OR bail which is still effective, the superior court's  order
 may  be  in  the form of a direction continuing the effectiveness of the
 previous order.
   3. WITH RESPECT TO ANY CHARGE FOR WHICH BAIL OR REMAND IS NOT ORDERED,
 A DEFENDANT MAY, AT ANY TIME, REQUEST THAT THE COURT SET BAIL IN A NOMI-
 NAL AMOUNT REQUESTED BY THE DEFENDANT IN THE FORM SPECIFIED IN PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 520.10 OF THIS TITLE; IF THE COURT  IS
 SATISFIED  THAT  THE REQUEST IS VOLUNTARY, THE COURT SHALL SET SUCH BAIL
 IN SUCH AMOUNT.
   4. Notwithstanding the provisions of subdivision two OF THIS  SECTION,
 a  superior court may not order recognizance, RELEASE UNDER NON-MONETARY
 CONDITIONS or bail, or permit a defendant to remain at liberty  pursuant
 to  an  existing  order,  after [he] THE DEFENDANT has been convicted of
 either: (a) a class A felony or (b) any class B or  class  C  felony  AS
 defined  in  article  one  hundred  thirty of the penal law committed or
 attempted to be committed by a person eighteen years  of  age  or  older
 against  a  person  less  than eighteen years of age. In either case the
 court must commit or remand the defendant to the custody of the sheriff.

 S. 9097                            104
 
   [4.] 5. Notwithstanding the provisions  of  subdivision  two  OF  THIS
 SECTION,  a  superior  court  may  not order recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS or bail when the defendant  is  charged  with  a
 felony  unless and until the district attorney has had an opportunity to
 be  heard  in the matter and such court has been furnished with a report
 as described in subparagraph (ii) of paragraph (b) of subdivision two of
 section 530.20 OF THIS ARTICLE.
   § 72. Subdivision 1 of section 530.45 of the criminal  procedure  law,
 as  amended  by  chapter  264 of the laws of 2003, is amended to read as
 follows:
   1. When the defendant is at liberty in the course of a criminal action
 as a result of a prior order of recognizance, RELEASE UNDER NON-MONETARY
 CONDITIONS or bail and the court revokes such order and  then  [either],
 WHERE  AUTHORIZED, fixes no bail or fixes bail in a greater amount or in
 a more burdensome form than was previously fixed and remands or  commits
 defendant  to  the  custody of the sheriff, OR ISSUES A MORE RESTRICTIVE
 SECURING ORDER, a judge designated in subdivision two OF  THIS  SECTION,
 upon  application  of  the  defendant following conviction of an offense
 other than a class A felony or a class B or class C  felony  offense  AS
 defined  in  article  one  hundred  thirty of the penal law committed or
 attempted to be committed by a person eighteen years  of  age  or  older
 against a person less than eighteen years of age, and before sentencing,
 may  issue  a securing order and [either] release THE defendant on [his]
 THE DEFENDANT'S own recognizance, RELEASE THE DEFENDANT UNDER  NON-MONE-
 TARY  CONDITIONS,  or fix bail[,] or fix bail in a lesser amount or in a
 less burdensome form, OR ISSUE A LESS RESTRICTIVE SECURING  ORDER,  than
 fixed by the court in which the conviction was entered.
   §  73.  Section 530.60 of the criminal procedure law, subdivision 1 as
 amended by chapter 565 of the laws of 2011, subdivision 2  as  added  by
 chapter  788  of  the laws of 1981 and paragraph (a) of subdivision 2 as
 amended by chapter 794 of the laws  of  1986,  is  amended  to  read  as
 follows:
 § 530.60 [Order  of  recognizance  or  bail; revocation thereof] CERTAIN
             MODIFICATIONS OF A SECURING ORDER.
   1. Whenever in the course of a criminal action or proceeding a defend-
 ant is at liberty as a result of an order of recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS or bail issued pursuant to this chapter, and the
 court considers it necessary to review such order,  it  may,  and  by  a
 bench  warrant  if necessary, require the defendant to appear before the
 court. Upon such appearance, the court, for good cause shown, may revoke
 the order of recognizance, RELEASE  UNDER  NON-MONETARY  CONDITIONS,  or
 bail.  If  the defendant is entitled to recognizance, RELEASE UNDER NON-
 MONETARY CONDITIONS, or bail as a matter of right, the court must  issue
 another  such  order. If [he or she] THE DEFENDANT is not, the court may
 either issue such an order or commit the defendant to the custody of the
 sheriff IN ACCORDANCE WITH THIS SECTION.
   Where the defendant is committed to the custody of the sheriff and  is
 held  on  a felony complaint, a new period as provided in section 180.80
 of this chapter shall commence to run from the time of  the  defendant's
 commitment under this subdivision.
   2.  (a)  Whenever  in  the course of a criminal action or proceeding a
 defendant charged with the commission of a felony is  at  liberty  as  a
 result  of  an  order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
 TIONS or bail issued pursuant to this article it shall  be  grounds  for
 revoking such order that the court finds reasonable cause to believe the
 defendant  committed  one  or  more  specified class A or violent felony

 S. 9097                            105
 
 offenses or intimidated a victim or witness in violation  of  [sections]
 SECTION 215.15, 215.16 or 215.17 of the penal law while at liberty.
   (B)  Before revoking an order of recognizance, RELEASE UNDER NON-MONE-
 TARY CONDITIONS, or bail pursuant to this subdivision,  the  court  must
 hold  a  hearing and shall receive any relevant, admissible evidence not
 legally privileged. The defendant may cross-examine  witnesses  and  may
 present  relevant,  admissible  evidence on his own behalf. Such hearing
 may be consolidated with, and conducted at the same time  as,  a  felony
 hearing  conducted  pursuant to article one hundred eighty of this chap-
 ter. A transcript of testimony taken before the grand jury upon  presen-
 tation  of the subsequent offense shall be admissible as evidence during
 the hearing.  The district attorney may move  to  introduce  grand  jury
 testimony  of a witness in lieu of that witness' appearance at the hear-
 ing.
   [(b)] (C) Revocation of an order of recognizance, RELEASE  UNDER  NON-
 MONETARY  CONDITIONS  or  bail  and  A NEW SECURING ORDER FIXING BAIL OR
 commitment, AS SPECIFIED IN THIS PARAGRAPH AND pursuant to this subdivi-
 sion shall be for the following periods, either:
   (i) For a period not to exceed ninety days exclusive of any periods of
 adjournment requested by the defendant; or
   (ii) Until the charges contained within the accusatory instrument have
 been reduced or dismissed such that no count remains which  charges  the
 defendant with commission of a felony; or
   (iii) Until reduction or dismissal of the charges contained within the
 accusatory instrument charging the subsequent offense such that no count
 remains  which  charges  the  defendant  with commission of a class A or
 violent felony offense.
   Upon expiration of any of the  three  periods  specified  within  this
 paragraph,  whichever  is  shortest, the court may grant or deny release
 upon an order of bail or recognizance in accordance with the  provisions
 of this article. Upon conviction to an offense the provisions of article
 five hundred thirty of this chapter shall apply.
   (D)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion a defendant, against whom a felony complaint has been  filed  which
 charges  the  defendant  with  commission of a class A or violent felony
 offense OR VIOLATION OF SECTION 215.15, 215.16 OR 215.17  OF  THE  PENAL
 LAW  committed  while  he  was  at  liberty as specified therein, may be
 committed to the custody of the sheriff pending a revocation hearing for
 a period not to exceed seventy-two hours. An additional  period  not  to
 exceed seventy-two hours may be granted by the court upon application of
 the  district attorney upon a showing of good cause or where the failure
 to commence the hearing was due to the defendant's request  or  occurred
 with  his  consent. Such good cause must consist of some compelling fact
 or circumstance  which  precluded  conducting  the  hearing  within  the
 initial prescribed period.
   § 74. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 258 of the laws of 2015, is amended
 to read as follows:
   (a)  If  at any time during the defendant's participation in the judi-
 cial diversion program, the court has reasonable grounds to believe that
 the defendant has violated a release condition or has failed  to  appear
 before  the court as requested, the court, shall direct the defendant to
 appear or issue a bench warrant to a police officer  or  an  appropriate
 peace  officer  directing  him or her to take the defendant into custody
 and bring the defendant before  the  court  without  unnecessary  delay;
 provided,  however,  that  under  no circumstances shall a defendant who

 S. 9097                            106
 
 requires treatment for opioid abuse or  dependence  be  deemed  to  have
 violated a release condition on the basis of his or her participation in
 medically  prescribed  drug  treatments  under the care of a health care
 professional  licensed  or  certified under title eight of the education
 law, acting within his or her lawful scope of practice.  The  provisions
 of  subdivision one of section 530.60 of this chapter relating to [revo-
 cation of recognizance or bail] ISSUANCE OF SECURING ORDERS shall  apply
 to such proceedings under this subdivision.
   §  75.  Section  410.60  of  the criminal procedure law, as amended by
 chapter 652 of the laws of 2008, is amended to read as follows:
 § 410.60 Appearance before court.
   A person who has been taken into custody pursuant to section 410.40 or
 section 410.50 of this  article  for  violation  of  a  condition  of  a
 sentence of probation or a sentence of conditional discharge must forth-
 with  be  brought  before  the  court that imposed the sentence. Where a
 violation of probation petition and report has been filed and the person
 has not been taken into custody  nor  has  a  warrant  been  issued,  an
 initial  court  appearance  shall  occur within ten business days of the
 court's issuance of a notice to appear.  If  the  court  has  reasonable
 cause  to  believe  that  such  person  has  violated a condition of the
 sentence, it may commit [him] SUCH PERSON to the custody of the  sheriff
 [or],  fix  bail,  RELEASE  SUCH PERSON UNDER NON-MONETARY CONDITIONS or
 release such person on [his] SUCH PERSON'S own recognizance  for  future
 appearance  at a hearing to be held in accordance with section 410.70 of
 this article. If the court does not have  reasonable  cause  to  believe
 that  such  person  has  violated  a  condition of the sentence, it must
 direct that [he] SUCH PERSON be released.
   § 76.   This act shall take  effect  immediately;  provided,  however,
 that:
   (a)  sections  seven,  eight, nine, ten, eleven and twelve of this act
 shall expire and be deemed repealed ten years after such date, provided,
 however, that such repeal shall only occur if no property interests have
 been acquired pursuant to  such  sections;  provided  further  that  the
 commissioner of the department of transportation shall notify the legis-
 lative bill drafting commission upon the occurrence of the repeal of the
 legislation  provided  for in such sections 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;
   (a-1) the amendments to section 1180-b of the vehicle and traffic  law
 made by sections twenty, twenty-one, twenty-two and twenty-three of this
 act  shall  not  affect  the  repeal of such section and shall be deemed
 repealed therewith; and provided further that the  amendments  to  para-
 graph  2 of subdivision (a) of section 1180-b of the vehicle and traffic
 law made by section twenty-one of this act  shall  take  effect  on  the
 ninetieth  day  after  this  act  shall  have become a law; and provided
 further that sections twenty-seven through forty of this act shall  take
 effect  on  the thirtieth day after it shall have become a law and shall
 expire 4 years after  such  effective  date  when  upon  such  date  the
 provisions  of  sections twenty-seven through forty of this act shall be
 deemed repealed; and provided further that any rules necessary  for  the
 implementation of this act on its effective date shall be promulgated on
 or before such effective date, provided that:
   (a-2)  the  amendments  to subdivision 1 of section 235 of the vehicle
 and traffic law made by section  twenty-seven  of  this  act  shall  not

 S. 9097                            107
 
 affect  the  expiration  of  such  section and shall be deemed to expire
 therewith, when upon such date the provisions of section twenty-eight of
 this act shall take effect;
   (a-3)  the  amendments  to  section 235 of the vehicle and traffic law
 made by section twenty-eight of this act shall not affect the expiration
 of such section and shall be deemed to expire therewith, when upon  such
 date  the  provisions  of  section twenty-eight-a of this act shall take
 effect;
   (a-4) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by section twenty-eight-a of this act shall not affect the expira-
 tion of such section and shall be deemed to expire therewith, when  upon
 such  date  the  provisions  of section twenty-eight-b of this act shall
 take effect;
   (a-5) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by section twenty-eight-b of this act shall not affect the expira-
 tion of such section and shall be deemed to expire therewith, when  upon
 such  date  the  provisions  of section twenty-eight-c of this act shall
 take effect;
   (a-6) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by section twenty-eight-c of this act shall not affect the expira-
 tion of such section and shall be deemed to expire therewith, when  upon
 such  date  the  provisions  of section twenty-eight-d of this act shall
 take effect;
   (a-7) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by section twenty-eight-d of this act shall not affect the expira-
 tion of such section and shall be deemed to expire therewith, when  upon
 such  date  the  provisions  of section twenty-eight-e of this act shall
 take effect;
   (a-8) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by section twenty-eight-e of this act shall not affect the expira-
 tion of such section and shall be deemed to expire therewith, when  upon
 such  date  the  provisions  of section twenty-eight-f of this act shall
 take effect;
   (b) the amendments to subdivision 1 of section 236 of the vehicle  and
 traffic law made by section twenty-nine of this act shall not affect the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section twenty-nine-a of this  act
 shall take effect;
   (b-1)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section twenty-nine-a  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith, when upon such date the provisions of  section  twenty-nine-b
 of this act shall take effect;
   (b-2)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section twenty-nine-b  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith, when upon such date the provisions of  section  twenty-nine-c
 of this act shall take effect;
   (b-3)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section twenty-nine-c  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith, when upon such date the provisions of  section  twenty-nine-d
 of this act shall take effect;
   (b-4)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section twenty-nine-d  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire

 S. 9097                            108
 
 therewith, when upon such date the provisions of  section  twenty-nine-e
 of this act shall take effect;
   (b-5)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section twenty-nine-e  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith, when upon such date the provisions of  section  twenty-nine-f
 of this act shall take effect;
   (c)  the  amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section thirty-one of this act shall
 not affect the expiration of such  paragraph  and  shall  be  deemed  to
 expire  therewith, when upon such date the provisions of section thirty-
 one-a of this act shall take effect;
   (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section  thirty-one-a  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith, when upon such date the provisions of section thirty-
 one-b of this act shall take effect;
   (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section  thirty-one-b  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith, when upon such date the provisions of section thirty-
 one-c of this act shall take effect;
   (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section  thirty-one-c  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith, when upon such date the provisions of section thirty-
 one-d of this act shall take effect;
   (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section  thirty-one-d  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith, when upon such date the provisions of section thirty-
 one-e of this act shall take effect;
   (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section  thirty-one-e  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith, when upon such date the provisions of section thirty-
 one-f of this act shall take effect;
   (d) the amendments to subdivisions 1 and 1-a of  section  240  of  the
 vehicle and traffic law made by section thirty-two of this act shall not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section thirty-two-a of
 this act shall take effect;
   (d-1)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section thirty-two-a of this  act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 two-b of this act shall take effect;
   (d-2)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section thirty-two-b of this  act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 two-c of this act shall take effect;
   (d-3)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section thirty-two-c of this  act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to

 S. 9097                            109
 
 expire therewith, when upon such date the provisions of section  thirty-
 two-d of this act shall take effect;
   (d-4)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section thirty-two-d of this  act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 two-e of this act shall take effect;
   (d-5)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section thirty-two-e of this  act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 two-f of this act shall take effect;
   (e)  the  amendments to paragraphs a and g of subdivision 2 of section
 240 of the vehicle and traffic law made by section thirty-three of  this
 act  shall  not  affect  the  expiration of such paragraphs and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-three-a of this act shall take effect;
   (e-1) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section thirty-three-a of
 this act shall not affect the expiration of such paragraphs and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-three-b of this act shall take effect;
   (e-2) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section thirty-three-b of
 this act shall not affect the expiration of such paragraphs and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-three-c of this act shall take effect;
   (e-3) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section thirty-three-c of
 this act shall not affect the expiration of such paragraphs and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-three-d of this act shall take effect;
   (e-4) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section thirty-three-d of
 this act shall not affect the expiration of such paragraphs and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-three-e of this act shall take effect;
   (e-5) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section thirty-three-e of
 this act shall not affect the expiration of such paragraphs and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-three-f of this act shall take effect;
   (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
 cle  and  traffic  law made by section thirty-four of this act shall not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of  section  thirty-four-a
 of this act shall take effect;
   (f-1)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section thirty-four-a of this act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 four-b of this act shall take effect;
   (f-2)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section thirty-four-b of this act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to

 S. 9097                            110
 
 expire therewith, when upon such date the provisions of section  thirty-
 four-c of this act shall take effect;
   (f-3)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section thirty-four-c of this act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 four-d of this act shall take effect;
   (f-4)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section thirty-four-d of this act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 four-e of this act shall take effect;
   (f-5)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section thirty-four-e of this act  shall
 not  affect  the  expiration of such subdivisions and shall be deemed to
 expire therewith, when upon such date the provisions of section  thirty-
 four-f of this act shall take effect;
   (g) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law made by section thirty-six of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon  such date the provisions of section thirty-six-a of this act
 shall take effect;
   (g-1) the amendments to subdivision 1 of section 1809 of  the  vehicle
 and  traffic  law  made  by  section  thirty-six-a of this act shall not
 affect the expiration of such subdivision and shall be deemed to  expire
 therewith, when upon such date the provisions of section thirty-six-b of
 this act shall take effect;
   (g-2)  the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section  thirty-six-b  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith, when upon such date the provisions of section thirty-six-c of
 this act shall take effect;
   (g-3) the amendments to subdivision 1 of section 1809 of  the  vehicle
 and  traffic  law  made  by  section  thirty-six-c of this act shall not
 affect the expiration of such subdivision and shall be deemed to  expire
 therewith, when upon such date the provisions of section thirty-six-d of
 this act shall take effect;
   (g-4)  the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section  thirty-six-d  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith, when upon such date the provisions of section thirty-six-e of
 this act shall take effect;
   (g-5) the amendments to subdivision 1 of section 1809 of  the  vehicle
 and  traffic  law  made  by  section  thirty-six-e of this act shall not
 affect the expiration of such subdivision and shall be deemed to  expire
 therewith, when upon such date the provisions of section thirty-six-f of
 this act shall take effect;
   (g-6)  the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section  thirty-six-f  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith, when upon such date the provisions of section thirty-six-g of
 this act shall take effect;
   (h) the amendments to paragraph a of subdivision 1 of  section  1809-e
 of  the vehicle and traffic law made by section thirty-seven of this act
 shall not affect the expiration of such paragraph and shall be deemed to

 S. 9097                            111
 
 expire therewith, when upon such date the provisions of section  thirty-
 seven-a of this act shall take effect;
   (h-1) the amendments to paragraph a of subdivision 1 of section 1809-e
 of  the  vehicle  and traffic law made by section thirty-seven-a of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-seven-b of this act shall take effect;
   (h-2) the amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section  thirty-seven-b  of  this
 act  shall  not  affect  the  expiration  of such paragraph and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-seven-c of this act shall take effect;
   (h-3) the amendments to paragraph a of subdivision 1 of section 1809-e
 of  the  vehicle  and traffic law made by section thirty-seven-c of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-seven-d of this act shall take effect;
   (h-4) the amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section  thirty-seven-d  of  this
 act  shall  not  affect  the  expiration  of such paragraph and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-seven-e of this act shall take effect;
   (h-5) the amendments to paragraph a of subdivision 1 of section 1809-e
 of  the  vehicle  and traffic law made by section thirty-seven-e of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-seven-f of this act shall take effect;
   (i) the amendments to subparagraph (i) of paragraph a  of  subdivision
 5-a  of section 401 of the vehicle and traffic law made by section thir-
 ty-eight of this act shall not affect the expiration of  such  paragraph
 and  shall  be  deemed  to  expire  therewith,  when  upon such date the
 provisions of section thirty-eight-a of this act shall take effect;
   (i-1) the amendments to paragraph a of subdivision 5-a of section  401
 of  the  vehicle  and traffic law made by section thirty-eight-a of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-eight-b of this act shall take effect;
   (i-2) the amendments to paragraph a of subdivision 5-a of section  401
 of  the  vehicle  and traffic law made by section thirty-eight-b of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-eight-c of this act shall take effect;
   (i-3) the amendments to paragraph a of subdivision 5-a of section  401
 of  the  vehicle  and traffic law made by section thirty-eight-c of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-eight-d of this act shall take effect;
   (i-4) the amendments to paragraph a of subdivision 5-a of section  401
 of  the  vehicle  and traffic law made by section thirty-eight-d of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-eight-e of this act shall take effect;
   (i-5) the amendments to paragraph a of subdivision 5-a of section  401
 of  the  vehicle  and traffic law made by section thirty-eight-e of this
 act shall not affect the expiration  of  such  paragraph  and  shall  be

 S. 9097                            112
 
 deemed  to  expire  therewith,  when  upon  such  date the provisions of
 section thirty-eight-f of this act shall take effect; and
   (i-6)  the amendments to paragraph a of subdivision 5-a of section 401
 of the vehicle and traffic law made by section  thirty-eight-f  of  this
 act  shall  not  affect  the  expiration  of such paragraph and shall be
 deemed to expire therewith,  when  upon  such  date  the  provisions  of
 section thirty-eight-g of this act shall take effect;
   (j)  sections  forty-one  through  fifty-five  of  this act shall take
 effect on the thirtieth day after it shall have become a law  and  shall
 expire  5  years  after  such  effective  date  when  upon such date the
 provisions of sections forty-one through fifty-five of this act shall be
 deemed repealed; and provided further that any rules necessary  for  the
 implementation of this act on its effective date shall be promulgated on
 or before such effective date, provided that:
   (j-1) the amendments to subparagraph (i) of paragraph a of subdivision
 5-a  of  section  401  of  the  vehicle  and traffic law made by section
 forty-one of this act shall not affect the expiration of such  paragraph
 and  shall  be  deemed  to  expire  therewith,  when  upon such date the
 provisions of section one-a of this act shall take effect;
   (k) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by  section  forty-one-a  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 one-b of this act shall take effect;
   (l) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by  section  forty-one-b  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 one-c of this act shall take effect;
   (m) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by  section  forty-one-c  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 one-d of this act shall take effect;
   (n) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by  section  forty-one-d  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 one-e of this act shall take effect;
   (o) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by  section  forty-one-e  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 one-f of this act shall take effect;
   (p) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by  section  forty-one-f  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 one-g of this act shall take effect;
   (q) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section forty-three of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon such date the provisions of section forty-three-a of this act
 shall take effect;
   (r) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section forty-three-a of this act shall  not  affect

 S. 9097                            113
 
 the  expiration of such subdivision and shall be deemed to expire there-
 with, when upon such date the provisions  of  section  forty-three-b  of
 this act shall take effect;
   (s) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made by section forty-three-b of this act shall not affect
 the expiration of such subdivision and shall be deemed to expire  there-
 with,  when  upon  such  date the provisions of section forty-three-c of
 this act shall take effect;
   (t) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section forty-three-c of this act shall  not  affect
 the  expiration of such subdivision and shall be deemed to expire there-
 with, when upon such date the provisions  of  section  forty-three-d  of
 this act shall take effect;
   (u) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made by section forty-three-d of this act shall not affect
 the expiration of such subdivision and shall be deemed to expire  there-
 with,  when  upon  such  date the provisions of section forty-three-e of
 this act shall take effect;
   (v) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section forty-three-e of this act shall  not  affect
 the  expiration of such subdivision and shall be deemed to expire there-
 with, when upon such date the provisions  of  section  forty-three-f  of
 this act shall take effect;
   (w) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made by section forty-three-f of this act shall not affect
 the expiration of such subdivision and shall be deemed to expire  there-
 with,  when  upon  such  date the provisions of section forty-three-g of
 this act shall take effect;
   (x) the amendments to paragraph a of subdivision 1 of  section  1809-e
 of  the  vehicle  and traffic law made by section forty-four of this act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire therewith, when upon such date the provisions of  section  forty-
 four-a of this act shall take effect;
   (y)  the  amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section forty-four-a of this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 four-b of this act shall take effect;
   (z) the amendments to paragraph a of subdivision 1 of  section  1809-e
 of  the vehicle and traffic law made by section forty-four-b of this act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire therewith, when upon such date the provisions of  section  forty-
 four-c of this act shall take effect;
   (aa)  the amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section forty-four-c of this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when upon such date the provisions of section forty-
 four-d of this act shall take effect;
   (bb) the amendments to paragraph a of subdivision 1 of section  1809-e
 of  the vehicle and traffic law made by section forty-four-d of this act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire therewith, when upon such date the provisions of  section  forty-
 four-e of this act shall take effect;
   (cc)  the amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section forty-four-e of this  act
 shall not affect the expiration of such paragraph and shall be deemed to

 S. 9097                            114
 
 expire  therewith,  when upon such date the provisions of section forty-
 four-f of this act shall take effect; and
   (dd)  the  amendments  to  subdivision  3 of section 99-a of the state
 finance law made by section fifty of this act shall not affect the expi-
 ration of such subdivision and shall be deemed to expire therewith, when
 upon such date the provisions of section fifty-one  of  this  act  shall
 take effect;
   (ee) section fifty-six of this act shall expire and be deemed repealed
 4  years  after such date; provided that, public works with requests for
 qualifications issued prior to such repeal shall be permitted to contin-
 ue under this act notwithstanding such repeal; and
   (ff) sections seventeen, eighteen, nineteen, fifty-seven, fifty-eight,
 fifty-nine,  sixty,  sixty-one,  sixty-two,   sixty-three,   sixty-four,
 sixty-five,  sixty-six,  sixty-seven,  sixty-eight, sixty-nine, seventy,
 seventy-one, seventy-two, seventy-three, seventy-four  and  seventy-five
 of  this  act  shall take effect on the sixtieth day after it shall have
 become a law.