S T A T E O F N E W Y O R K
________________________________________________________________________
7107
2011-2012 Regular Sessions
I N A S S E M B L Y
April 12, 2011
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the demon-
stration program authorized within Nassau county and the disposition
of fines in the county of Nassau; and to amend the state finance law,
in relation to establishing the Nassau county youth services fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 1 of subdivision (a) of section 1111-b of the
2 vehicle and traffic law, as added by chapter 19 of the laws of 2009, is
3 amended to read as follows:
4 1. Notwithstanding any other provision of law, the county of Nassau is
5 hereby authorized and empowered to adopt and amend a local law or ordi-
6 nance establishing a demonstration program imposing monetary liability
7 on the owner of a vehicle for failure of an operator thereof to comply
8 with traffic-control indications in such county in accordance with the
9 provisions of this section. Such demonstration program shall empower
10 such county to install and operate traffic-control signal photo viola-
11 tion-monitoring devices at no more than [fifty] ONE HUNDRED inter-
12 sections within and under the jurisdiction of such county at any one
13 time.
14 S 2. A memorandum of understanding between the chair of the assembly
15 transportation committee and the Nassau county legislature shall be
16 entered into in order to determine the intersections affected by the
17 provisions of section one of this act.
18 S 3. The vehicle and traffic law is amended by adding a new section
19 1809-f to read as follows:
20 S 1809-F. DISPOSITION OF CERTAIN FINES IN THE COUNTY OF NASSAU.
21 NOTWITHSTANDING SECTION EIGHTEEN HUNDRED THREE OF THIS ARTICLE OR ANY
22 OTHER PROVISION OF LAW, WHENEVER PROCEEDINGS IN A COURT OR AN ADMINIS-
23 TRATIVE TRIBUNAL IN THE COUNTY OF NASSAU RESULT IN A CONVICTION FOR AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10845-01-1
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1 OFFENSE PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IN
2 THE COUNTY OF NASSAU, ALL FINES AND PENALTIES LEVIED AS A RESULT OF SUCH
3 CONVICTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE
4 TRIBUNAL THAT RENDERED THE CONVICTION. WITHIN THE FIRST TEN DAYS OF THE
5 MONTH FOLLOWING COLLECTION OF SUCH MONEYS, THE COLLECTING AUTHORITY
6 SHALL PAY TWENTY-FIVE PERCENT OF SUCH AMOUNT COLLECTED TO THE STATE
7 COMPTROLLER TO BE DEPOSITED TO THE NASSAU COUNTY YOUTH SERVICES FUND
8 ESTABLISHED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
9 S 4. The state finance law is amended by adding a new section 99-u to
10 read as follows:
11 S 99-U. NASSAU COUNTY YOUTH SERVICES FUND. 1. THERE IS HEREBY ESTAB-
12 LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
13 AND THE COUNTY EXECUTIVE OF THE COUNTY OF NASSAU A SPECIAL FUND TO BE
14 KNOWN AS THE "NASSAU COUNTY YOUTH SERVICES FUND".
15 2. ALL MONEYS RECEIVED BY THE NASSAU COUNTY YOUTH SERVICES FUND FROM
16 VIOLATIONS OF SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC
17 LAW SHALL BE DEPOSITED TO THE EXCLUSIVE CREDIT OF SUCH FUND. SAID MONEYS
18 SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS
19 IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE.
20 3. (A) THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY THE FUND AND
21 SHALL BE RELEASED BY THE COMMISSIONER OF TAXATION AND FINANCE ONLY UPON
22 CERTIFICATES SIGNED BY THE COUNTY EXECUTIVE OF THE COUNTY OF NASSAU AND
23 SHALL BE DISTRIBUTED TO NASSAU COUNTY YOUTH SERVICES CONTRACT AGENCIES
24 (YSCA) IN ACCORDANCE WITH THE RELATIVE NEEDS OF THE COMMUNITIES SERVICED
25 BY SAID AGENCIES AS ESTABLISHED BY THE FEDERAL STATISTICS USED TO DETER-
26 MINE ENTITLEMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
27 (B) IN THE EVENT THAT THERE SHALL BE ANY UNALLOCATED FUND OR FUNDS
28 THAT HAVE NOT BEEN DRAWN AGAINST BY ANY CONTRACT AGENCY REMAINING IN
29 THIS FUND AT THE END OF THE FISCAL YEAR OF THE COUNTY, SUCH FUNDS SHALL
30 BE PLACED IN A RESTRICTED RESERVE FUND ACCOUNT FOR YOUTH SERVICES TO BE
31 INVESTED BY THE NASSAU COUNTY TREASURER AND HELD UNTIL SUCH TIME AS
32 THERE SHALL BE INSUFFICIENT FUNDS GENERATED BY THE RED LIGHT CAMERA
33 PROGRAM TO MEET THE FUTURE NEEDS OR MINIMUM ALLOCATION.
34 S 5. (a) A Nassau county red light camera state legislative audit
35 review committee (committee) is hereby established, comprised of seven
36 members, two representatives appointed by the speaker of the assembly,
37 one of whom shall be a member of a New York state minority and women-
38 owned business enterprise participation program, two representatives
39 appointed by the temporary president of the senate, one appointed by the
40 state comptroller, as well as a representative of the Nassau Interim
41 Finance Authority and the Nassau County Division of the American Automo-
42 bile Association (AAA), both of whom shall be non-voting members.
43 (b) The placement and operation of such red light cameras pursuant to
44 section two of this act shall be subject to the submission and approval
45 of an annual forensic audit by Nassau county on or before January 31 of
46 each year, commencing in the second year after the effective date of
47 this act, which shall include detailed traffic safety statistics. In the
48 event such audit report is not timely submitted by Nassau county and/or
49 approved by majority vote of the voting members of the committee by
50 March 31 of the reporting year, the Nassau county red light camera
51 program shall be deemed suspended as of the first of April of the year
52 the report is due.
53 (c) The audit report shall set forth a comparative analysis of the
54 safety record at the pertinent red light camera location for the previ-
55 ous five-year period (inclusive of the statistics for the year covered
56 by the report), the total gross revenue derived from all Nassau county
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1 red light cameras, the total gross revenue derived from each of such red
2 light cameras, and the total gross annual revenue allocated to the dedi-
3 cated Nassau county youth services fund and the respective contract
4 agency allocations in accordance with the mandate of section 99-u of the
5 state finance law.
6 (d) The committee shall, on an annual basis, commencing in the second
7 year after the effective date of this act, receive and review such data
8 and other pertinent information as may be necessary from the Nassau
9 county division of the AAA to augment its ability to evaluate and deter-
10 mine the need for maintaining the Nassau county red light camera program
11 or any individual red light camera location thereof.
12 (e) The planning, installation and maintenance of the red light
13 cameras shall comply in all respects with the goals of the New York
14 state minority and women-owned business enterprise participation
15 program. Details of compliance with such goals shall be included in the
16 annual audit report and shall be one of the criteria considered by the
17 committee in determining whether to continue or discontinue the Nassau
18 county red light camera program.
19 S 6. This act shall take effect immediately; provided, however, that
20 the amendments to section 1111-b of the vehicle and traffic law made by
21 section one of this act shall not affect the repeal of such section and
22 shall be deemed repealed therewith.