S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9752
 
                             I N  S E N A T E
 
                               May 28, 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 the vehicle and traffic law and the public officers law,
   in relation to authorizing the city  of  Mt.  Vernon  to  establish  a
   school  speed zone demonstration program; 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.  The  vehicle  and  traffic law is amended by adding a new
 section 1180-g to read as follows:
   § 1180-G. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 CERTAIN  POSTED MAXIMUM SPEED LIMITS; MT. VERNON. (A) 1. NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, THE CITY OF MT. VERNON 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 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  IMME-
 DIATELY  BEFORE  AND UP TO THIRTY MINUTES IMMEDIATELY AFTER SUCH STUDENT
 ACTIVITIES. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER  THE  CITY  OF  MT.
 VERNON  TO  INSTALL  PHOTO  SPEED VIOLATION MONITORING SYSTEMS WITHIN NO
 MORE THAN TWENTY SCHOOL SPEED ZONES WITHIN 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  FOLLOW-
 ING  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15047-01-4
 S. 9752                             2
 
 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 SUCH OPERATOR 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
 MONITORING 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,  VIDEOTAPE  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,
 HOWEVER,  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
 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
 S. 9752                             3
 
 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 MT.  VERNON  ESTABLISHES  A  DEMONSTRATION  PROGRAM
 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, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF  SUBDIVISION  (C)
 OR  DURING  THE  TIMES  AUTHORIZED  PURSUANT  TO SUBDIVISION (A) OF THIS
 SECTION 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
 INFORMATION  OBTAINED  FROM  A  PHOTO SPEED VIOLATION MONITORING SYSTEM;
 PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
 TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF  SUCH  VEHICLE
 S. 9752                             4
 
 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 MT. VERNON, 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 MT. VERNON. 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-
 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.
 S. 9752                             5
 
   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  SUCH  PERSON  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 THERE-
 ON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
 MT. VERNON, 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 MT. VERNON 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 MT. VERNON 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 MT. VERNON 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 BUREAU
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
 SUCH  BUREAU  THE  CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
 IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
 LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
 S. 9752                             6
 
   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 (G) 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 SUCH OPERA-
 TOR 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 AN ANNUAL REPORT
 ON  THE  RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF  THE  ASSEMBLY  ON  OR
 BEFORE  THE FIRST DAY OF JUNE NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
 SECTION AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMON-
 STRATION 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;
   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;
 S. 9752                             7
 
   (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.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (u) to read as follows:
   (U)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  EIGHTY-G  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1180-g of the vehicle and  traffic  law,
 as  added by section one of this act, shall be subject to the provisions
 of section 103 of the general municipal law.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law and shall expire December 1, 2029, when upon such date
 the  provisions  of  this  act shall be deemed repealed. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.