NY State Senate Bill 2023-S9735

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2024	signed chap.443 delivered to governor
Jun 06, 2024	returned to senate passed assembly home rule request ordered to third reading rules cal.510 substituted for a9956 referred to ways and means delivered to assembly passed senate home rule request
May 28, 2024	ordered to third reading cal.1546 committee discharged and committed to rules
May 23, 2024	referred to transportation

Votes

- Jun 6, 2024 - Floor Vote
  S9735
  
  54
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (54)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (7)
      
      Felder
      
      Martinez
      
      Mattera
      
      Murray
      
      Palumbo
      
      Scarcella-Spanton
      
      Weik
      
      excused (1)
      
      Walczyk
  May 28, 2024 - Rules Committee Vote
  S9735
  
  15
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2024
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (4)
      
      Griffo
      
      Helming
      
      Lanza
      
      O'Mara
      
      excused (1)
      
      Krueger

2023-S9735 (ACTIVE) - Details

See Assembly Version of this Bill:: A9956
Law Section:: Vehicle and Traffic
Laws Affected:: Amd §15, Chap 101 of 2014

2023-S9735 (ACTIVE) - Summary

Relates to traffic-control signal indications in the city of Mt. Vernon; extends provisions.

2023-S9735 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9735

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend chapter 101 of the laws of 2014 amending the vehicle and
traffic law, the general municipal law, and the public officers law
relating to owner liability for failure of operator to comply with
traffic-control indications in the city of Mt. Vernon, in relation to
extending the provisions of such chapter

 
PURPOSE:

To prevent the deaths and injuries caused by motorists running red
lights, by authorizing the City of Mt. Vernon to adopt a local law to
implement a program to install photo violation-monitoring devices at up
to twenty intersections.

 
SUMMARY OF PROVISIONS:

The bill authorizes the City of Mt. Vernon to adopt a local law or ordi-
nance to establish a demonstration program imposing monetary liability

on vehicle owners for an operator's failure to comply with traffic-con-
trol signals: at up to twenty intersections at any one time within and
under the jurisdiction of the City of Mt. Vernon. The bill requires the
use of necessary technologies to ensure, to the extent practicable, that
photographs produced by such violation-monitoring systems do not include
images identifying the driver, passengers or contents of a vehicle.

The bill establishes requirements for due process, including provisions
for the evidence of liability and its availability to defendants,
requirements governing the content of notices of liability, or "NOLs",
the method by which NOLs must be sent to vehicle owners, and providing
for the adjudication of violations by either the traffic violations
bureau, or by the court having jurisdiction over traffic infractions, or
by an administrative tribunal if one has been authorized by the city to
adjudicate complaints of traffic infractions.  The bill deems that NOLs
would not be a conviction as an operator and thus, would not be included
on the owner's driver's license record, and prohibits the use of find-
ings of liability for motor vehicle insurance purposes. The bill author-
izes the imposition of a maximum $50 civil penalty for each violation
and an additional penalty no more than $23 for each violation for the
failure to respond to a NOL within the prescribed time period.

The bill also contains provisions for relief from liability for owners
of leased or rented motor vehicles. Additionally, it provides as valid
defenses that the vehicle was reported stolen and had not been recovered
prior to the time the violation occurred, or that the traffic signal was
malfunctioning at the time of the alleged violation.

The bill also contains a provision allowing owners found in violation of
this section to maintain an action for indemnification against the oper-
ator of the vehicle at the time of the violation.

Finally, the bill requires the City of Mt. Vernon to submit an annual
report on the demonstration program to the Governor and Legislature.

 
EXISTING LAW:

 
JUSTIFICATION:

Red light running accidents are often the worst type. of accident; they
often involve speed and right-angle impacts, which can lead to the most
severe injuries.

Many cities in the United States already have operational photo enforce-
ment for catching red light runners, including New York City, Los
Angeles, San Francisco, San Diego, Baltimore, and Washington D.C.,
resulting in safer intersections.

Most significantly, New York City has had a highly successful red light
camera program. The data from the New York City Department of Transpor-
tation has demonstrated that the presence of red light cameras signif-
icantly alters the behavior of drivers and dramatically reduces the
number of accidents at affected intersections. Traffic accidents at
intersections are a major public safety issue in the City of Mt. Vernon
and it is beyond doubt that a red light camera program would provide a
significant improvement in traffic safety within the City.

 
LEGISLATIVE HISTORY:

A.8368B(2013)

 
FISCAL IMPLICATIONS:

Undetermined.

 
LOCAL FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9735 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9735
 
                             I N  S E N A T E
 
                               May 23, 2024
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend chapter 101 of the laws of 2014 amending the vehicle and
   traffic law, the general municipal law, and the  public  officers  law
   relating  to  owner  liability  for failure of operator to comply with
   traffic-control indications in the city of Mt. Vernon, in relation  to
   extending the provisions of such chapter
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 15 of chapter 101 of the laws of 2014 amending  the
 vehicle and traffic law, the general municipal law, and the public offi-
 cers  law  relating  to  owner  liability  for failure of an operator to
 comply with traffic-control indications in the city of Mt.  Vernon,  the
 opening  paragraph  as  amended by section 2 of part TT of chapter 58 of
 the laws of 2019, is amended to read as follows:
   § 15. This act shall take effect on the thirtieth day after  it  shall
 have  become  a  law;  PROVIDED,  HOWEVER,  THAT  SECTIONS  THREE, NINE,
 TWELVE-B, THIRTEEN and FOURTEEN OF THIS ACT shall expire and  be  deemed
 repealed  December  1,  [2024] 2029; 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) [the amendments to subdivision 1 of section 235 of the vehicle and
 traffic law made by section one of this act shall not affect the expira-
 tion of such subdivision and shall be deemed to expire  therewith,  when
 upon  such  date  the provisions of section one-a of this act shall take
 effect;
   (b) the amendments to section 235 of the vehicle and traffic law  made
 by  section  one-a  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 one-b of this act shall take effect;
   (c) the amendments to section 235 of the vehicle and traffic law  made
 by  section  one-b  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 one-c of this act shall take effect;

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

                                                            LBD15008-02-4
 S. 9735                             2

   (d) the amendments to section 235 of the vehicle and traffic law  made
 by  section  one-c  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 one-d of this act shall take effect;
   (e)  the amendments to section 235 of the vehicle and traffic law made
 by section one-d 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 one-e of this act shall take effect;
   (f)  the amendments to subdivision 1 of section 236 of the vehicle and
 traffic law made by section two of this act shall not affect the expira-
 tion of such subdivision and shall be deemed to expire  therewith,  when
 upon  such  date  the provisions of section two-a of this act shall take
 effect;
   (g) the amendments to subdivision 1 of section 236 of the vehicle  and
 traffic law made by section two-a 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 two-b of this act shall take
 effect;
   (h) the amendments to subdivision 1 of section 236 of the vehicle  and
 traffic law made by section two-b 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 two-c of this act shall take
 effect;
   (i) the amendments to subdivision 1 of section 236 of the vehicle  and
 traffic law made by section two-c 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 two-d of this act shall take
 effect;
   (j) the amendments to paragraph f of subdivision 1 of section  239  of
 the  vehicle  and traffic law made by section 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 four-a of this
 act shall take effect;
   (k) the amendments to paragraph f of subdivision 1 of section  239  of
 the vehicle and traffic law made by section 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 four-b of  this
 act shall take effect;
   (l)  the  amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section 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 four-c of this
 act shall take effect;
   (m) the amendments to paragraph f of subdivision 1 of section  239  of
 the vehicle and traffic law made by section 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 four-d of  this
 act shall take effect;
   (n)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section  five  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 five-a of this
 act shall take effect;
   (o) the amendments to subdivisions 1 and 1-a of  section  240  of  the
 vehicle  and  traffic  law  made by section five-a of this act shall not
 affect the expiration of such subdivisions and shall be deemed to expire
 S. 9735                             3

 therewith, when upon such date the provisions of section five-b of  this
 act shall take effect;
   (p)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section five-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 five-c of this
 act shall take effect;
   (q) the amendments to subdivisions 1 and 1-a of  section  240  of  the
 vehicle  and  traffic  law  made by section five-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 five-d of  this
 act shall take effect;
   (r)  the  amendments to paragraphs a and g of subdivision 2 of section
 240 of the vehicle and traffic law made by section six 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 six-a of
 this act shall take effect;
   (s)  the  amendments to paragraphs a and g of subdivision 2 of section
 240 of the vehicle and traffic law made by section  six-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 six-b
 of this act shall take effect;
   (t) the amendments to paragraphs a and g of subdivision 2  of  section
 240  of  the  vehicle  and traffic law made by section six-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 six-c
 of this act shall take effect;
   (u)  the  amendments to paragraphs a and g of subdivision 2 of section
 240 of the vehicle and traffic law made by section  six-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 six-d
 of this act shall take effect;
   (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
 cle and traffic law made by section seven of this act shall  not  affect
 the expiration of such subdivisions and shall be deemed to expire there-
 with,  when upon such date the provisions of section seven-a of this act
 shall take effect;
   (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
 cle and traffic law made by section seven-a of this act shall not affect
 the expiration of such subdivisions and shall be deemed to expire there-
 with, when upon such date the provisions of section seven-b of this  act
 shall take effect;
   (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
 cle and traffic law made by section seven-b of this act shall not affect
 the expiration of such subdivisions and shall be deemed to expire there-
 with,  when upon such date the provisions of section seven-c of this act
 shall take effect;
   (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
 cle and traffic law made by section seven-c of this act shall not affect
 the expiration of such subdivisions and shall be deemed to expire there-
 with, when upon such date the provisions of section seven-d of this  act
 shall take effect;
   (z)  the  amendments to subparagraph (i) of paragraph a of subdivision
 5-a of section 401 of the vehicle and traffic law made by section  eight
 of  this act shall not affect the expiration of such paragraph and shall
 S. 9735                             4

 be deemed to expire therewith, when upon such  date  the  provisions  of
 section eight-a of this act shall take effect;
   (aa)  the  amendments to paragraph a of subdivision 5-a of section 401
 of the vehicle and traffic law made by section 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 eight-b
 of this act shall take effect;
   (bb) the amendments to paragraph a of subdivision 5-a of  section  401
 of the vehicle and traffic law made by section 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  eight-c
 of this act shall take effect;
   (cc)  the  amendments to paragraph a of subdivision 5-a of section 401
 of the vehicle and traffic law made by section 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 eight-d
 of this act shall take effect;
   (dd)] the amendments to subdivision 1 of section 1809 of  the  vehicle
 and  traffic  law  made  by section ten 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 ten-a of this act shall
 take effect;
   [(ee)] (B) the amendments to subdivision 1  of  section  1809  of  the
 vehicle  and  traffic  law  made  by section ten-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 ten-b of this
 act shall take effect;
   [(ff)] (C) the amendments to subdivision 1  of  section  1809  of  the
 vehicle  and  traffic  law  made  by section ten-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 ten-c of this
 act shall take effect;
   [(gg)] (D) the amendments to subdivision 1  of  section  1809  of  the
 vehicle  and  traffic  law  made  by section ten-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 ten-d of this
 act shall take effect; AND
   [(hh) the amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section eleven 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 eleven-a
 of this act shall take effect;
   (ii) the amendments to paragraph a of subdivision 1 of section  1809-e
 of  the  vehicle  and  traffic  law made by section eleven-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 eleven-b
 of this act shall take effect;
   (jj) the amendments to paragraph a of subdivision 1 of section  1809-e
 of  the  vehicle  and  traffic  law made by section eleven-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 eleven-c
 of this act shall take effect;
   (kk)] (E) the amendments [made] to subdivision 1 of section 371 of the
 general municipal law made by section  twelve  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 S. 9735                             5

 therewith, when upon such date  the  provisions  of  section  [twelve-a]
 TWELVE-B of this act shall take effect[; and
   (ll)  the  amendments made to section 371 of the general municipal law
 by section twelve-a 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 twelve-b of this act shall take effect].
   § 2. This act shall take effect immediately.

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Senate Bill S9735

Sponsored By

Current Bill Status - Signed by Governor

Jun 6, 2024 - Floor Vote

Floor Vote: Jun 6, 2024

May 28, 2024 - Rules Committee Vote

Rules Committee Vote: May 28, 2024

2023-S9735 (ACTIVE) - Details

2023-S9735 (ACTIVE) - Summary

2023-S9735 (ACTIVE) - Sponsor Memo

2023-S9735 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9735

Share this bill

Sponsored By

Jamaal T. Bailey

Current Bill Status - Signed by Governor

2023-S9735 (ACTIVE) - Details

2023-S9735 (ACTIVE) - Summary

2023-S9735 (ACTIVE) - Sponsor Memo

2023-S9735 (ACTIVE) - Bill Text download pdf

Comments