Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors

Summary of provisions

Section One amends section 370 of the general municipal law by adding a new subdivision which establishes a Suffolk County traffic and parking violations agency, operating under the direction and control of the county executive.

Section Two amends section 370-a of the general municipal law, as added by chapter 496 of the laws of 1990, subdivision 1 as amended by chapter 527 of the laws of 2002 to add Suffolk county into the definitions section of the section of law pertaining to traffic violations bureaus wherever Nassau County is named.

Section Three amends section 371 of the general municipal law, subdivisions 2 as amended by chapter 19 and the laws of 2009, subdivision 3 as amended by chapter 496 of the laws of 1990 and subdivision 4 as amended by chapter 456 of the laws of 1998 to authorize the traffic and parking violations agency in Suffolk county to assist the Suffolk county district court in the disposition and administration of infractions of traffic and parking laws, ordinances, rules and regulations and the liability of owners for certain violations, permits an individual charged with an infraction to answer at the Suffolk county traffic and parking violations agency established under this law.

Section Four amends section 374 of the general municipal law to provide that the traffic prosecutor for the Suffolk county traffic and parking violations agency shall be appointed by the county executive and provides for the hiring of attorneys to serve as "traffic prosecutors."

Section Five through Eleven are cross-references.

Section Twelve provides that no non-judicial employee of the Suffolk County district court shall suffer a diminution of salary, employment status or rights solely by operation of this act provided that the legal authority of the chief administrator of the courts to supervise the administration and operation of the unified court system.

Section Thirteen requires the administrative judge of Suffolk County to prepare an annual report detailing the progress, development and

operations of the traffic violations agency would be required under the provisions of this legislation.

Section Fourteen is the effective date.

Justification

Current law allows the legislative body of a city, village or town, by local law, to authorize the court having jurisdiction of traffic cases to establish a traffic violations bureau to assist in the disposition of infractions in relation to traffic violations.

At the request of the Nassau County Legislature. such a bureau was established for the county of Nassau by an act of the legislature in 2002. Prior to the establishment of a traffic violations bureau under state law, Nassau County was permitted to establish such a bureau by local law. An agency of this type serves to assist the district court in the administration and disposition of traffic and parking infractions and helps to lessen the backlog of unanswered and unpaid traffic and parking summonses.

The needs of Suffolk county in this regard have risen to the level where the establishment of a traffic violations bureau has become necessary for this county to ease the burden on the district court in disposing of the tremendous amount of cases that traffic and parking infractions generate. Suffolk County has specifically requested legislative action in this regard. This legislation would establish for Suffolk County a traffic violations bureau. This would lead to a speedy and equitable disposition of charges and provide assurance to residents that traffic and parking laws will be enforced and that appropriate the penalties will be imposed on those persons who have been found guilty of violating them, thus helping to preserve the quality of life in Suffolk County.

Legislative history

2009: S.5862/A.8471 Remained in Senate Transportation Committee/ Assembly Codes Committee 2007: S.4174A/A.9593A - Died in Senate Rules Committee/Assembly Transportation Committee

Fiscal implications

To be determined.

Effective date

This act shall take effect April 1, 2013; provided, however, the amendments to sections 370-a, subdivisions 2, 3 and 4 of section 371 and section 374 of the general municipal law, the article heading of article 44-A and the section heading and subdivisions 1 and 4 of section 1690 of the vehicle and traffic law and subdivision 5 of section 350.20 of the criminal procedure law, as made by sections two, three, four, five six and seven of this act, respectively, shall take effect only in the event that the county of Suffolk shall have, by local law established a traffic and parking violations agency; provided that the legislature of the county of Suffolk shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legislation provided for in sections two, three, four, five, six and seven of this act in order that the commission may maintain an accurate and timely effective data base of the

official text of the laws of the State of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law; provided, however, that the amendments to section 371 of the general municipal law made by section three of this act shall be deemed to expire therewith and provided that the amendments to subdivision 2 of section 99-1 of the general municipal law made by section ten of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 6 of chapter 179 of the laws of 2000, as amended, when upon such date the provisions of section eleven of this act shall take effect.