NY State Senate Bill 2025-S6715

Senate Bill S6715

2025-2026 Legislative Session

Relates to owner liability for failure of operator to stop at a stop sign or yield for a pedestrian as required by law in the counties of Monroe and Onondaga

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Current Bill Status - In Senate Committee Transportation Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2025	referred to transportation

2025-S6715 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1174-b, V & T L; amd §87, Pub Off L

2025-S6715 (ACTIVE) - Summary

Relates to owner liability for failure of operator to stop at a stop sign or yield for a pedestrian as required by law in any municipality in the counties of Monroe and Onondaga; provides that such demonstration program shall empower such municipality to install and operate stop sign and pedestrian crossing photo violation monitoring systems which may be stationary or mobile, and which may be installed within the boundaries of such municipality; makes related provisions.

2025-S6715 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6715

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the public officers law,
in relation to owner liability for failure of operator to stop at a stop
sign or yield for a pedestrian as required by law in the counties of
Monroe and Onondaga; and providing for the repeal of such provisions
upon expiration thereof

 
PURPOSE:

This legislation will prevent reckless driving and reduce the number of
accidents, making the streets safer for drivers, pedestrians, and bicy-
clists by authorizing municipalities within Monroe and Onondaga counties
to adopt and amend a local law or ordinance to establish a stop
sign/pedestrian crossing photo violation monitoring camera demonstration
program..

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section  1.  Amends Vehicle and Traffic Law by adding a new section to
authorize municipalities to adopt stop  sign/pedestrian  crossing  photo
violation  monitoring  systems  and  to establish an owner liability for
failure of operator to stop for a stop sign, yield  to  pedestrians  and
bicyclists in crosswalks, and other distracted driving behaviors in such
municipalities as elect to implement said program.

Defines "owner," "stop sign/pedestrian crossing photo violation monitor-
ing system," "operator," and "municipality."

Sets  forth requirements for notification of liability, including estab-
lishing conditions that would release owner  from  liability.    Permits
municipalities  to  establish  fines, limited to a maximum of fifty (50)
dollars per incident, and an additional penalty limited to a maximum  of
twenty-five  (25)  dollars  for  failure to respond to said notification
within the prescribed time period.

Requires any municipality that adopts such a  program  shall  submit  an
annual  report  detailing  the  use of the stop sign/pedestrian crossing
photo violation monitoring system to the Governor, the Temporary  Presi-
dent of the Senate, and the Speaker of the Assembly.

The  report  should include: description of the locations where the stop
sign/pedestrian crossing photo violation monitoring system was used; the
aggregate number, type, and severity of violations recorded on a  daily,
weekly,  monthly,  and yearly basis; the total number of pedestrians and
bicyclists crossing such intersections or pedestrian crossings where the
system is implemented; the number of fines issued, and the total  amount
of fines paid; the total amount of revenue realized by the municipality,
and expenses incurred by same in connection with the program.

Additionally  establishes  annual  reporting requirements for courts and
bureaus conducting adjudications to the respective municipality  regard-
ing  the  efficacy and results of the adjudication process including the
number and percentage of total violations  adjudicated  and  disposition
thereof.

Requires  the  destruction  of  any photographs, microphotographs, vide-
otapes, other recorded images and data produced by stop sign  or  pedes-
trian  crossing photo violation monitoring systems (A) ninety days after
the date of the alleged imposition of liability if a notice of liability
is  not issued for such alleged imposition of liability pursuant to this
section or (B) upon final disposition of a notice  of  liability  issued
pursuant to this section.

Establishes  a  requirement that program net revenues shall be dedicated
to a public safety purpose, including pedestrian safety programs.

  Section 2. Effective date.

 
JUSTIFICATION:

This legislation is intended to increase motorist, pedestrian, and bicy-
clist safety by authorizing municipalities within  Monroe  and  Onondaga
counties  to  establish  stop  sign/pedestrian  crossing photo violation
monitoring camera demonstration programs.

Across the country, distracted and reckless drivers have contributed  to
a  significant  increase in the number of car-related injuries, and even
deaths, of other motorists and especially of pedestrians and bicyclists.
National Highway Traffic Safety Administration (NHTSA)  data  speaks  to
the  urgency  of  addressing  these  crashes:  roadway deaths across the
nation are at a 16-year high.  Nationwide  in  2022,  more  than  67,000
pedestrians  were  injured and 7,522 pedestrians were killed: one pedes-
trian fatality every 70 minutes.  This  marked  the  highest  number  of
pedestrian deaths in 41 years and the highest number of bicyclist deaths
in  46 years. A report released in June 2024 by the New York State Comp-
troller's office showed that New York  State's  experience  mirrors  the
national  data:  of all fatalities caused by traffic crashes in New York
State in 2022, nearly 26% were pedestrians, and nearly 6% were cyclists.

Intersections pose a particular risk to other drivers, pedestrians,  and
bicyclists:  38%  of  all  car accidents take place at intersections, as
well as 41% of accidents involving pedestrians. Although there are  laws
on  the  books  intended  to curb these dangerous behaviors, enforcement
relies on often over-burdened law enforcement agencies  and  the  chance
that an officer is present to personally witness a violation and issue a
summons  to  the driver. Anecdotal evidence supports the conclusion that
the number of violations far outpaces  the  number  of  officer-observed
violations  that  result in a summons served. This legislation will help
close that gap.

Drivers' failure to obey stop signs and pedestrian  crossings  has  long
posed  a danger to others who share our roadways. A 2022 Governors High-
way Safety Association (GHSA) report noted  that  the  proliferation  of
hand-held  cell-phones and other devices that compete for our attention,
along with speeding, and impaired driving all contributed to the signif-
icant increase in the number of these violent incidents.

The reality is that law enforcement cannot effectively monitor the  vast
number  of locations at which these violations occur. A 2023 GHSA report
noted that a multitude of studies confirm  that  automated  technologies
including  school-zone  speed  cameras, school bus stop-arm cameras, and
red light cameras, along with advances in the use of artificial intelli-

gence by these technologies, have proven to be  an  effective  means  of
significantly reducing these violent, and often fatal, encounters.

These  technologies  are  force multipliers, enabling law enforcement to
use fewer departmental resources to much greater effect, and  frees  law
enforcement  to focus on more immediate criminal matters.  Moreover, the
autonomous nature of the photo violation monitoring  system  will  deter
reckless  and distracted driving, leading to a change in drivers' behav-
ior. Review of the images produced by  such  stop  sign  and  pedestrian
crossing monitoring systems by a technician employed by the municipality
in  which  the  charged  violation  occurred  will ensure that while the
system detects and records such incidents, human discretion will  evalu-
ate the evidence and issue the required citations.

One of our government's most important roles is protecting the safety of
all  New  Yorkers.  Notably, New York State led the nation in addressing
traffic safety with NYC's  1994  first-in-the-nation  red  light  camera
program. Even those of us who do not walk or bike extended distances are
at  risk.  As  the NHTSA noted, "at some point in the day, everyone is a
pedestrian." Allowing municipalities  to  supplement  law  enforcement's
efforts  through use of photo violation monitoring systems will make our
streets safer for all.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth  day  after  it  shall  have
become  law  and shall expire and be deemed repealed on December 1, 2030
provided, further, that any such local law as may be enacted pursuant to
section two of this act shall remain in full force and effect only until
December 1, 2030.

2025-S6715 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6715
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 owner liability for failure of operator to  stop  at  a
   stop sign or yield for a pedestrian as required by law in the counties
   of  Monroe  and  Onondaga;  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 1174-b to read as follows:
   § 1174-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP  AT  A  STOP
 SIGN  OR  YIELD  FOR  A  PEDESTRIAN  AS REQUIRED BY LAW IN THE COUNTY OF
 MONROE AND  THE  COUNTY  OF  ONONDAGA.  (A)  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  ANY MUNICIPALITY WITHIN THE COUNTY OF MONROE OR THE
 COUNTY OF ONONDAGA (A "COUNTY") 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 SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN HUNDRED FIFTY-ONE OF THIS  ARTICLE.  SUCH  DEMONSTRATION  PROGRAM
 SHALL  EMPOWER  SUCH  MUNICIPALITY  TO INSTALL AND OPERATE STOP SIGN AND
 PEDESTRIAN CROSSING PHOTO VIOLATION  MONITORING  SYSTEMS  WHICH  MAY  BE
 STATIONARY  OR  MOBILE, AND WHICH MAY BE INSTALLED WITHIN THE BOUNDARIES
 OF SUCH MUNICIPALITY.
   (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 PHOTO VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTI-
 FY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11068-01-5

 S. 6715                             2
 
 THE IDENTIFICATION OF THE DRIVER, PASSENGERS, OR THE CONTENTS OF A VEHI-
 CLE,  PROVIDED  THAT  SUCH  MUNICIPALITY HAS MADE A REASONABLE EFFORT TO
 COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (C)  IN  ANY  SUCH MUNICIPALITY WHICH HAS ADOPTED A LOCAL LAW OR ORDI-
 NANCE PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A  VEHI-
 CLE  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 (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION ELEVEN
 HUNDRED FIFTY-ONE OF THIS ARTICLE, AND SUCH VIOLATION  IS  EVIDENCED  BY
 INFORMATION  OBTAINED  FROM  A  STOP  SIGN  OR PEDESTRIAN CROSSING PHOTO
 VIOLATION MONITORING SYSTEM.
   (D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL HAVE THE MEANING AS DEFINED PURSUANT TO SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   2. "STOP SIGN  AND  PEDESTRIAN  CROSSING  PHOTO  VIOLATION  MONITORING
 SYSTEM" SHALL MEAN A SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A STOP
 OR  YIELD SIGN 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
 (A) OF  SECTION  ELEVEN  HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN  HUNDRED
 FORTY-TWO, OR SECTION ELEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
   3.  "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGEN-
 CY, ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A  VEHICLE
 WITH  OR  WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER WHO OPERATES
 SUCH OWNER'S OWN VEHICLE.
   4. "MUNICIPALITY" MEANS ANY  CITY,  TOWN,  OR  VILLAGE,  INCLUDING  AN
 INCORPORATED  VILLAGE, LOCATED WITHIN THE COUNTY OF MONROE OR THE COUNTY
 OF ONONDAGA.
   (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE MUNICIPALITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE
 THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH STOP SIGN AND PEDESTRIAN
 CROSSING  PHOTO  VIOLATION  MONITORING  SYSTEM,  SHALL  BE  PRIMA  FACIE
 EVIDENCE  OF  THE  FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, 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.
   (F)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE PURSUANT  TO  A  LOCAL  LAW  OR
 ORDINANCE  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. FOR THE PURPOSES OF THIS SECTION  A  FAILURE  TO
 RESPOND  SHALL  MEAN THAT THE OWNER FAILED TO SEND A WRITTEN RESPONSE TO
 THE VIOLATION BY FIRST CLASS MAIL WITHIN THE PRESCRIBED TIME PERIOD; THE
 OWNER SHALL HAVE A VALID DEFENSE AGAINST ANY ADDITIONAL LATE PENALTY  IF
 IT IS SHOWN THROUGH ADJUDICATION THAT THE OWNER SENT WRITTEN RESPONSE BY
 FIRST CLASS MAIL WITHIN THE PRESCRIBED TIME PERIOD.
 S. 6715                             3

   (G)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS  AN  OPERA-
 TOR,  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.
   (H)  1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL WITHIN
 TWENTY-ONE DAYS OF THE ALLEGED VIOLATION TO EACH PERSON  ALLEGED  TO  BE
 LIABLE  AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION ELEVEN
 HUNDRED FIFTY-ONE 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 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
 (A)  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN HUNDRED
 FORTY-TWO, OR SECTION ELEVEN HUNDRED FIFTY-ONE 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 SUCH PERSON 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 LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE MUNICI-
 PALITY  WHERE  THE  ALLEGED  VIOLATION  OCCURRED  OR BY ANY OTHER ENTITY
 AUTHORIZED BY SUCH MUNICIPALITY TO PREPARE AND MAIL SUCH NOTIFICATION OF
 VIOLATION.
   (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (J)  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 (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN  HUNDRED  FIFTY-ONE 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 TRAFFIC VIOLATIONS BUREAU OR
 COURT HAVING JURISDICTION.
   (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT  BE
 LIABLE  FOR  THE  VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION ELEVEN HUNDRED
 FIFTY-ONE OF THIS ARTICLE, PROVIDED THAT SUCH OWNER SENDS TO THE TRAFFIC
 VIOLATIONS BUREAU OR 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 LEGI-
 BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU  OR
 COURT  OF  THE  DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER
 INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF  LIABILITY.  FAILURE  TO
 S. 6715                             4
 
 SEND  SUCH  INFORMATION  WITHIN  SUCH THIRTY-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 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  THE VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE PURSUANT TO  THIS  SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS
 SECTION.
   (L) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR
 SECTION  ELEVEN  HUNDRED  FIFTY-ONE  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
 STOP SIGN OR PEDESTRIAN CROSSING. 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 STOP SIGN OR PEDESTRIAN CROSSING.
   (M)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR
 SECTION ELEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
   (N)  ANY  MUNICIPALITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
 SUBDIVISION (A) OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT  DETAILING
 THE  RESULTS  OF  THE USE OF SUCH STOP SIGN OR PEDESTRIAN CROSSING PHOTO
 VIOLATION MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY 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 DEMONSTRATION PROGRAM IS
 OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS WHERE STOP SIGN OR PEDESTRIAN CROSS-
 ING PHOTO VIOLATION MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE  A STOP SIGN OR PEDESTRIAN CROSSING PHOTO VIOLATION
 MONITORING SYSTEM IS USED FOR THE THREE YEARS PRECEDING THE INSTALLATION
 OF SUCH SYSTEM, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
 DEPARTMENT;
   3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
 INTERSECTIONS WHERE A STOP SIGN OR PEDESTRIAN CROSSING  PHOTO  VIOLATION
 MONITORING  SYSTEM  IS  USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH
 YEAR THAT THE STOP SIGN OR PEDESTRIAN CROSSING PHOTO VIOLATION  MONITOR-
 ING  SYSTEM HAS BEEN OPERATIONAL, TO THE EXTENT THE INFORMATION IS MAIN-
 TAINED BY THE DEPARTMENT;
   4. THE NUMBER OF EVENTS AND NUMBER  OF  VIOLATIONS  RECORDED  AT  EACH
 LOCATION  WHERE A STOP SIGN OR PEDESTRIAN CROSSING PHOTO VIOLATION MONI-
 TORING SYSTEM IS USED AND IN THE  AGGREGATE  ON  A  DAILY,  WEEKLY,  AND
 MONTHLY BASIS;
   5.  THE TOTAL NUMBER OF PEDESTRIANS AND BICYCLISTS CROSSING THE INTER-
 SECTION OR PEDESTRIAN CROSSING, TO THE EXTENT SUCH INFORMATION IS  GATH-
 ERED BY THE MONITORING SYSTEM;
 S. 6715                             5
 
   6.  THE  NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
 BY SUCH SYSTEM AT EACH LOCATION WHERE A STOP SIGN OR PEDESTRIAN CROSSING
 PHOTO VIOLATION MONITORING SYSTEM IS USED;
   7.  THE  NUMBER  OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
 FIRST NOTICE OF LIABILITY;
   8. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS  OF
 SUCH   ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR
 VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL  BE  PROVIDED  AT  LEAST
 ANNUALLY  TO  SUCH  MUNICIPALITY  BY  THE  RESPECTIVE COURTS AND BUREAUS
 CONDUCTING SUCH ADJUDICATIONS;
   9. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH MUNICIPALITY FROM SUCH
 ADJUDICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH  MUNICI-
 PALITY  FOR  EACH  YEAR  SINCE DEPLOYMENT OF ITS STOP SIGN OR PEDESTRIAN
 CROSSING PHOTO VIOLATION MONITORING SYSTEM; AND
   10. EXPENSES INCURRED BY SUCH  MUNICIPALITY  IN  CONNECTION  WITH  THE
 PROGRAM.
   (O)  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES
 AND DATA PRODUCED BY STOP SIGN OR PEDESTRIAN  CROSSING  PHOTO  VIOLATION
 MONITORING  SYSTEMS SHALL BE DESTROYED (A) NINETY DAYS AFTER THE DATE OF
 THE ALLEGED IMPOSITION OF LIABILITY IF A  NOTICE  OF  LIABILITY  IS  NOT
 ISSUED FOR SUCH ALLEGED IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION
 OR  (B)  UPON FINAL DISPOSITION OF A NOTICE OF LIABILITY ISSUED PURSUANT
 TO THIS SECTION.
   (P) THE NET REVENUES OF THE  PROGRAM  SHALL  BE  DEDICATED  TOWARDS  A
 PUBLIC SAFETY PURPOSE, INCLUDING PEDESTRIAN SAFETY PROGRAMS.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (v) to read as follows:
   (V)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-FOUR-B
 OF THE VEHICLE AND TRAFFIC LAW.
   § 3. The purchase or lease of equipment for  a  demonstration  program
 established  pursuant  to  section 1174-b of the vehicle and traffic law
 shall be subject to the provisions of section 103 of the general munici-
 pal law.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law and shall expire and be deemed repealed December 1,
 2030 provided, further, that any such local law as may be enacted pursu-
 ant to section one of this act shall remain in  full  force  and  effect
 only until December 1, 2030.

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