S T A T E O F N E W Y O R K
________________________________________________________________________
5606
2023-2024 Regular Sessions
I N A S S E M B L Y
March 16, 2023
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the distrib-
ution of fines from speed violation monitoring systems in work zones
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 11 and 12 of section 1803 of the vehicle and
traffic law, as added by chapter 421 of the laws of 2021, are amended to
read as follows:
11. [Except as otherwise provided in paragraph e of subdivision one of
this section, where] WHERE the commissioner of transportation has estab-
lished a demonstration program imposing monetary liability on the owner
of a vehicle for failure of an operator thereof to comply with subdivi-
sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-e of this chapter,
any fine or penalty collected by a court, judge, magistrate or other
officer for an imposition of liability which occurs pursuant to such
program shall be paid to the state comptroller within the first ten days
of the month following collection, EXCEPT AS OTHERWISE PROVIDED IN
SUBDIVISION THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW.
Every such payment shall be accompanied by a statement in such form and
detail as the comptroller shall provide. [The comptroller shall pay]
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
eighty percent of any such fine or penalty imposed for such liability
SHALL BE PAID to the general fund, and twenty percent of any such fine
or penalty SHALL BE PAID to the city, town or village in which the
violation giving rise to the liability occurred, PROVIDED, HOWEVER, THAT
WITHIN A COUNTY THAT HAS ESTABLISHED A TRAFFIC AND PARKING VIOLATIONS
AGENCY PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE GENERAL MUNICI-
PAL LAW AND SUCH LIABILITY IS DISPOSED OF BY SUCH AGENCY, EIGHTY PERCENT
OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10167-04-3
A. 5606 2
THE GENERAL FUND, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY SHALL
BE PAID TO THE COUNTY IN WHICH THE VIOLATION GIVING RISE TO THE LIABIL-
ITY OCCURRED. With respect to the percentage of fines or penalties paid
to the general fund, no less than sixty percent shall be dedicated to
department of transportation work zone safety projects after deducting
the expenses necessary to administer such demonstration program,
provided, however, that such funds provided pursuant to this subdivision
shall be payable on the audit and warrant of the comptroller and shall
only be used to supplement and not supplant current expenditures of
state funds on work zone safety projects. For the purposes of this
subdivision, "work zone safety projects" shall apply to work zones under
the jurisdiction of the department of transportation and shall include,
but not be limited to, inspection and implementation of work zone
design, maintenance, traffic plans and markings, worker safety training,
contractor outreach, enforcement efforts, radar speed display signs at
major active work zones and police presence at major active work zones,
as provided in section twenty-two of the transportation law. All fines,
penalties and forfeitures paid to a COUNTY, city, town or village pursu-
ant to the provisions of this subdivision shall be credited to the
general fund of such COUNTY, city, town or village, unless a different
disposition is prescribed by charter, special law, local law or ordi-
nance.
12. [Except as otherwise provided in paragraph e of subdivision one of
this section, where] WHERE the chair of the New York state thruway
authority has established a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-e of this chapter, any fine or penalty collected by a court,
judge, magistrate or other officer for an imposition of liability which
occurs pursuant to such program shall be paid to the state comptroller
within the first ten days of the month following collection, EXCEPT AS
OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINETY-NINE-A OF THE
STATE FINANCE LAW. Every such payment shall be accompanied by a state-
ment in such form and detail as the comptroller shall provide. [The
comptroller shall pay] NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION
FIVE OF THIS SECTION, eighty percent of any such fine or penalty imposed
for such liability SHALL BE PAID to the thruway authority, and twenty
percent of any such fine or penalty SHALL BE PAID to the city, town or
village in which the violation giving rise to the liability occurred,
PROVIDED, HOWEVER, THAT WITHIN A COUNTY THAT HAS ESTABLISHED A TRAFFIC
AND PARKING VIOLATIONS AGENCY PURSUANT TO SECTION THREE HUNDRED SEVENTY
OF THE GENERAL MUNICIPAL LAW AND SUCH LIABILITY IS DISPOSED OF BY SUCH
AGENCY, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH
LIABILITY SHALL BE PAID TO THE THRUWAY AUTHORITY, AND TWENTY PERCENT OF
ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE COUNTY IN WHICH THE
VIOLATION GIVING RISE TO THE LIABILITY OCCURRED. With respect to the
percentage of fines or penalties paid to the thruway authority, no less
than sixty percent shall be dedicated to thruway authority work zone
safety projects after deducting the expenses necessary to administer
such demonstration program, provided, however, that such funds provided
pursuant to this subdivision shall be payable on the audit and warrant
of the comptroller and shall only be used to supplement and not supplant
current expenditures of state funds on work zone safety projects. For
the purposes of this subdivision, "work zone safety projects" shall
apply to work zones under the jurisdiction of the thruway authority and
A. 5606 3
shall include, but not be limited to, inspection and implementation of
work zone design, maintenance, traffic plans and markings, worker safety
training, contractor outreach, enforcement efforts, radar speed display
signs at major active work zones and police presence at major active
work zones, as provided in section twenty-two of the transportation law.
For the purposes of this subdivision, the term "thruway authority" shall
mean the New York state thruway authority, a body corporate and politic
constituting a public corporation created and constituted pursuant to
title nine of article two of the public authorities law. All fines,
penalties and forfeitures paid to a COUNTY, city, town or village pursu-
ant to the provisions of this subdivision shall be credited to the
general fund of such COUNTY, city, town or village, unless a different
disposition is prescribed by charter, special law, local law or ordi-
nance.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivisions 11 and 12 of section 1803 of the vehicle
and traffic law made by section one of this act shall not affect the
expiration and repeal of such subdivisions and shall be deemed repealed
therewith.