Relates to the Buffalo traffic violations agency

BILL NUMBER:S2401A

Title of bill

An act to amend the vehicle and traffic law, in relation to certain penalties and forfeited security collected by the city of Buffalo and granting a traffic violations agency certain powers; to amend the general municipal law, in relation to establishing the Buffalo traffic violations agency; to amend the state finance law, in relation to the justice court fund; to amend the criminal procedure law, in relation to a trial by judicial hearing officer; to require the executive director of the Buffalo traffic violations agency to annually issue a report on the progress, development and operations of such agency; and to amend the vehicle and traffic law, in relation to traffic infractions in certain cities

Purpose

This legislation would allow the city of Buffalo the same authority offered to its surrounding suburbs to adjudicate traffic violations. Currently, the state of New York adjudicates all traffic violations in the city of Buffalo.

Summary of provisions

Section 1. The vehicle and traffic law is amended by adding Subdivision 1 of Section 225 of the Vehicle and Traffic Law.

Justification

The purpose of this legislation is to allow the city of Buffalo to adjudicate traffic infractions. New York State currently holds all hearings in Buffalo without the option of a plea bargain system. If the City of Buffalo adjudicates traffic infractions they will implement a system that would allow traffic violators to have an option of a plea bargain, which could lead to traffic school. This system would offer two benefits to Buffalo residents now currently enjoyed by suburban residents; the violator would be allowed to attend traffic school thus hopefully becoming a safer and better driver and also after attending school would not receive any points on his/her license which in turn raises his/her insurance rates. City of Buffalo residents already pay higher insurance rates and this system only causes these rates to increase without any of the options that are offered in the surrounding areas.

Legislative history

2013-14: S.870-C/A.3702-C Pocket Vetoed 2011-12: S.2353-B/A.612-B Committed to Rules/Passed Assembly 2009-10: S.1156-B/A.2062-B Passed Senate/Referred to Transportation

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately; provided, however, that the provisions of sections two, three, seven, and eleven through fourteen

of this act shall take effect on the same date as the city of Buffalo shall have established a traffic violations agency, by enactment of a local law hereby authorized; provided, further, that if established, such agency and the city of Buffalo shall comply with all the provisions of law set forth in this act; provided, further, that the amendments to section 371 of the general municipal law made by sections four, five and six of this act shall not affect the expiration of such section and shall be deemed to expire therewith; provided, further, that the city of Buffalo shall notify the legislative bill drafting commission upon the occurrence of the enactment of the local law provided for in this section 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; and provided, further, that sections one, four through six, eight through ten, and fifteen through eighteen of this act shall ta ke effect forty-five days after the city of Buffalo shall have established a traffic violations agency by enactment of a local law pursuant to this section.