S 10034: Authorizes and empowers each municipality of the state and the department of transportation to implement a program for imposing fines for littering using photo violation-monitoring systems.

  
  STATE OF NEW YORK ________________________________________________________________________ 10034  IN SENATE April 24, 2026 ___________ Introduced by Sen. SKOUFIS -- 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, in relation to authorizing and empowering each municipality of the state and the department of transportation to implement a program for imposing fines for littering using photo violation-monitoring systems; and to amend the public officers law, in relation to accessing records The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1220 of the vehicle and traffic law is amended by 2 adding two new subdivisions (d) and (e) to read as follows: 3 (d) 1. For purposes of this subdivision, the term: 4 (A) "owner" shall have the meaning provided in article two-B of this 5 chapter. 6 (B) "photo violation-monitoring system" shall mean a vehicle sensor 7 which automatically produces two or more photographs, two or more micro- 8 photographs, a videotape or other recorded images of a vehicle at the 9 time an occupant of such vehicle violates the provisions of this 10 section. 11 2. Notwithstanding any other provision of law, each municipality of 12 the state is hereby authorized and empowered to adopt and amend a local 13 law or ordinance establishing a program imposing monetary liability on 14 the owner of a vehicle for failure of an occupant thereof to comply with 15 the provisions of this section in such municipality in accordance with 16 the provisions of this subdivision. 17 3. Any participating municipality shall utilize necessary technologies 18 to ensure, to the extent practicable, that photographs produced by such 19 photo violation-monitoring systems shall not include images that identi- 20 fy the driver, the passengers, or the contents of the vehicle. Provided, 21 however, that no notice of liability issued pursuant to this section 22 shall be dismissed solely because a photograph or photographs allow for 23 the identification of the contents of a vehicle, provided that such 24 municipality has made a reasonable effort to comply with the provisions 25 of this subdivision. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13945-03-6 
 S. 10034 2 1 4. In any municipality which has adopted a local law or ordinance 2 pursuant to paragraph two of this subdivision, the owner of a vehicle 3 shall be liable for a penalty imposed pursuant to this section if such 4 vehicle was used or operated with the permission of the owner, express 5 or implied, and an occupant thereof violated the provisions of this 6 section, and such violation is evidenced by information obtained from a 7 photo violation-monitoring system; provided however that no owner of a 8 vehicle shall be liable for a penalty imposed pursuant to this section 9 where the operator of such vehicle has been convicted of the underlying 10 violation of this section. 11 5. A certificate, sworn to or affirmed by a technician employed by the 12 municipality in which the charged violation occurred, or a facsimile 13 thereof, based upon inspection of photographs, microphotographs, vide- 14 otape or other recorded images produced by a photo violation-monitoring 15 system, shall be prima facie evidence of the facts contained therein. 16 Any photographs, microphotographs, videotape or other recorded images 17 evidencing such a violation shall be available for inspection in any 18 proceeding to adjudicate the liability for such violation pursuant to a 19 local law or ordinance adopted pursuant to this subdivision. 20 6. An owner liable for a violation of this section pursuant to a local 21 law or ordinance adopted pursuant to this subdivision shall be liable 22 for monetary penalties in accordance with a schedule of fines and penal- 23 ties to be set forth in such local law or ordinance, except that in a 24 municipality which, by local law or ordinance, has authorized the adju- 25 dication of such owner liability by a parking violations bureau, such 26 schedule shall be promulgated by such bureau. The liability of the owner 27 pursuant to this section shall not exceed fifty dollars for each 28 violation; provided, however, that such local law or ordinance may 29 provide for an additional penalty not in excess of twenty-five dollars 30 for each violation for the failure to respond to a notice of liability 31 within the prescribed time period. 32 7. (A) A notice of liability shall be sent by first class mail to each 33 person alleged to be liable as an owner for a violation of this section 34 pursuant to this subdivision. Personal delivery on the owner shall not 35 be required. A manual or automatic record of mailing prepared in the 36 ordinary course of business shall be prima facie evidence of the facts 37 contained therein. 38 (B) A notice of liability shall contain the name and address of the 39 person alleged to be liable as an owner for such violation, the regis- 40 tration number of the vehicle involved in such violation, the location 41 where such violation took place, the date and time of such violation and 42 the identification number of the camera which recorded the violation or 43 other document locator number. 44 (C) The notice of liability shall contain information advising the 45 person charged of the manner and the time in which they may contest the 46 liability alleged in the notice. Such notice of liability shall also 47 contain a warning to advise the persons charged that failure to contest 48 in the manner and time provided shall be deemed an admission of liabil- 49 ity and that a default judgment may be entered thereon. 50 (D) The notice of liability shall be prepared and mailed by the muni- 51 cipality having jurisdiction over where the violation occurred, or by 52 any other entity authorized by the municipality to prepare and mail such 53 notification of violation. 54 8. Adjudication of the liability imposed upon owners by this subdivi- 55 sion shall be by a traffic violations bureau established pursuant to 56 section three hundred seventy of the general municipal law or, if there 
 S. 10034 3 1 be none, by the court having jurisdiction over traffic infractions, 2 except that any municipality which has established an administrative 3 tribunal to hear and determine complaints of traffic infractions consti- 4 tuting parking, standing or stopping violations may, by local law, 5 authorize such adjudication by such tribunal. 6 9. If an owner receives a notice of liability pursuant to this subdi- 7 vision for any time period during which the vehicle was reported to the 8 police department as having been stolen, it shall be a valid defense to 9 an allegation of liability for a violation of this section pursuant to 10 this subdivision that the vehicle had been reported to the police as 11 stolen prior to the time the violation occurred and had not been recov- 12 ered by such time. For purposes of asserting the defense provided by 13 this paragraph it shall be sufficient that a certified copy of the 14 police report on the stolen vehicle be sent by first class mail to the 15 traffic violations bureau, court having jurisdiction or parking 16 violations bureau. 17 10. (A) In a municipality where the adjudication of liability imposed 18 upon owners pursuant to this subdivision is by a traffic violations 19 bureau or a court having jurisdiction, an owner who is a lessor of a 20 vehicle to which a notice of liability was issued pursuant to paragraph 21 seven of this subdivision shall not be liable for the violation of this 22 section, provided that such lessor sends to the traffic violations 23 bureau or court having jurisdiction a copy of the rental, lease or other 24 such contract document covering such vehicle on the date of such 25 violation, with the name and address of the lessee clearly legible, 26 within thirty-seven days after receiving notice from the bureau or court 27 of the date and time of such violation, together with the other informa- 28 tion contained in the original notice of liability. Failure to send such 29 information within such thirty-seven day time period shall render the 30 owner liable for the penalty prescribed by this subdivision. Where the 31 lessor complies with the provisions of this subparagraph, the lessee of 32 such vehicle on the date of such violation shall be deemed to be the 33 owner of such vehicle for purposes of this subdivision, shall be subject 34 to liability for the violation of this section pursuant to this subdivi- 35 sion and shall be sent a notice of liability pursuant to paragraph seven 36 of this subdivision. 37 (B) (i) In a municipality which, by local law or ordinance, has 38 authorized the adjudication of liability imposed upon owners by this 39 subdivision by a parking violations bureau, an owner who is a lessor of 40 a vehicle to which a notice of liability was issued pursuant to para- 41 graph seven of this subdivision shall not be liable for the violation of 42 this section, provided that: 43 a. prior to the violation, the lessor has filed with the bureau in 44 accordance with the provisions of section two hundred thirty-nine of 45 this chapter; and 46 b. within thirty-seven days after receiving notice from the bureau of 47 the date and time of a liability, together with the other information 48 contained in the original notice of liability, the lessor submits to the 49 bureau the correct name and address of the lessee of the vehicle identi- 50 fied in the notice of liability at the time of such violation, together 51 with such other additional information contained in the rental, lease or 52 other contract document, as may be reasonably required by the bureau 53 pursuant to regulations that may be promulgated for such purpose. 54 (ii) Failure to comply with this subparagraph shall render the owner 55 liable for the penalty prescribed in this section. 
 S. 10034 4 1 (iii) Where the lessor complies with the provisions of this subpara- 2 graph, the lessee of such vehicle on the date of such violation shall be 3 deemed to be the owner of such vehicle for purposes of this subdivision, 4 shall be subject to liability for such violation pursuant to this subdi- 5 vision and shall be sent a notice of liability pursuant to paragraph 6 seven of this subdivision. 7 11. If the owner liable for a violation of this section pursuant to 8 this subdivision was not the occupant of the vehicle which violated this 9 section, the owner may maintain an action for indemnification against 10 such occupant. Notwithstanding any other provision of this subdivision, 11 no owner of a vehicle shall be subject to a monetary fine imposed pursu- 12 ant to this subdivision if such vehicle was being operated or occupied 13 without the consent of the owner at the time of such violation. For 14 purposes of this paragraph, there shall be a presumption that the opera- 15 tor of such vehicle was operating such vehicle with the consent of the 16 owner at the time of such violation. 17 12. Nothing in this section shall be construed to limit the liability 18 of any person for any violation of this section. 19 13. Any municipality that adopts a program pursuant to this subdivi- 20 sion shall submit an annual report detailing the results of the use of 21 such program to the governor, the temporary president of the senate and 22 the speaker of the assembly on or before June first of each year in 23 which the program is operable. Such report shall include, but not be 24 limited to: 25 (A) a description of the locations where photo violation-monitoring 26 systems were used; 27 (B) the amount of litter found on and adjacent to highways now moni- 28 tored by the program for the three years preceding the installation of 29 such system; 30 (C) the amount of litter found on and adjacent to highways monitored 31 by the program for each year since the installation of such system; 32 (D) the number of events and number of violations recorded where a 33 photo violation-monitoring system is used and in the aggregate on a 34 daily, weekly and monthly basis; 35 (E) the number of notices of liability issued for violations recorded 36 by each such system; 37 (F) the number of fines imposed and total amount of fines paid after 38 first notice of liability issued for violations recorded by such 39 systems; 40 (G) the number and percentage of violations adjudicated and results of 41 such adjudications including breakdowns of dispositions made for 42 violations recorded by such systems; 43 (H) the total amount of revenue realized by such municipality from 44 such adjudications, including but not limited to a breakdown of revenue 45 realized by such municipality for each year since deployment of its 46 photo violation-monitoring system; 47 (I) expenses incurred by such municipality in connection with the 48 program including but not limited to any part of fines imposed by the 49 system paid out to lease such system; and 50 (J) quality of the adjudication process and its results. 51 (e) 1. For purposes of this subdivision, the term: 52 (A) "owner" shall have the meaning provided in article two-B of this 53 chapter. 54 (B) "photo violation-monitoring system" shall mean a vehicle sensor 55 which automatically produces two or more photographs, two or more micro- 56 photographs, a videotape or other recorded images of a vehicle at the 
 S. 10034 5 1 time an occupant of such vehicle violates the provisions of this 2 section. 3 2. Notwithstanding any other provision of law, the department of 4 transportation is hereby authorized and empowered to establish a program 5 imposing monetary liability on the owner of a vehicle for failure of an 6 occupant thereof to comply with the provisions of this section on state 7 highways in accordance with the provisions of this subdivision. 8 3. The department of transportation shall utilize necessary technolo- 9 gies to ensure, to the extent practicable, that photographs produced by 10 such photo violation-monitoring systems shall not include images that 11 identify the driver, the passengers, or the contents of the vehicle. 12 Provided, however, that no notice of liability issued pursuant to this 13 section shall be dismissed solely because a photograph or photographs 14 allow for the identification of the contents of a vehicle, provided that 15 the department of transportation has made a reasonable effort to comply 16 with the provisions of this subdivision. 17 4. On any state highway, the owner of a vehicle shall be liable for a 18 penalty imposed pursuant to this section if such vehicle was used or 19 operated with the permission of the owner, express or implied, and an 20 occupant thereof violated the provisions of this section, and such 21 violation is evidenced by information obtained from a photo violation- 22 monitoring system; provided however that no owner of a vehicle shall be 23 liable for a penalty imposed pursuant to this section where the operator 24 of such vehicle has been convicted of the underlying violation of this 25 section. 26 5. A certificate, sworn to or affirmed by a technician employed by the 27 department of transportation, or a facsimile thereof, based upon 28 inspection of photographs, microphotographs, videotape or other recorded 29 images produced by a photo violation-monitoring system, shall be prima 30 facie evidence of the facts contained therein. Any photographs, micro- 31 photographs, videotape or other recorded images evidencing such a 32 violation shall be available for inspection in any proceeding to adjudi- 33 cate the liability for such violation pursuant this subdivision. 34 6. An owner liable for a violation of this section shall be liable for 35 monetary penalties in accordance with a schedule of fines and penalties 36 to be set forth in such local law or ordinance, except that in a munici- 37 pality which, by local law or ordinance, has authorized the adjudication 38 of such owner liability by a parking violations bureau, such schedule 39 shall be promulgated by such bureau. The liability of the owner pursuant 40 to this section shall not exceed fifty dollars for each violation. 41 7. (A) A notice of liability shall be sent by first class mail to each 42 person alleged to be liable as an owner for a violation of this section 43 pursuant to this subdivision. Personal delivery on the owner shall not 44 be required. A manual or automatic record of mailing prepared in the 45 ordinary course of business shall be prima facie evidence of the facts 46 contained therein. 47 (B) A notice of liability shall contain the name and address of the 48 person alleged to be liable as an owner for such violation, the regis- 49 tration number of the vehicle involved in such violation, the location 50 where such violation took place, the date and time of such violation and 51 the identification number of the camera which recorded the violation or 52 other document locator number. 53 (C) The notice of liability shall contain information advising the 54 person charged of the manner and the time in which they may contest the 55 liability alleged in the notice. Such notice of liability shall also 56 contain a warning to advise the persons charged that failure to contest 
 S. 10034 6 1 in the manner and time provided shall be deemed an admission of liabil- 2 ity and that a default judgment may be entered thereon. 3 (D) The notice of liability shall be prepared and mailed by the muni- 4 cipality having jurisdiction over where the violation occurred, or by 5 any other entity authorized by the municipality to prepare and mail such 6 notification of violation. 7 8. Adjudication of the liability imposed upon owners by this subdivi- 8 sion shall be by a traffic violations bureau established pursuant to 9 section three hundred seventy of the general municipal law or, if there 10 be none, by the court having jurisdiction over traffic infractions, 11 except that any municipality which has established an administrative 12 tribunal to hear and determine complaints of traffic infractions consti- 13 tuting parking, standing or stopping violations may, by local law, 14 authorize such adjudication by such tribunal. 15 9. If an owner receives a notice of liability pursuant to this subdi- 16 vision for any time period during which the vehicle was reported to the 17 police department as having been stolen, it shall be a valid defense to 18 an allegation of liability for a violation of this section pursuant to 19 this subdivision that the vehicle had been reported to the police as 20 stolen prior to the time the violation occurred and had not been recov- 21 ered by such time. For purposes of asserting the defense provided by 22 this paragraph it shall be sufficient that a certified copy of the 23 police report on the stolen vehicle be sent by first class mail to the 24 traffic violations bureau, court having jurisdiction or parking 25 violations bureau. 26 10. (A) In a municipality where the adjudication of liability imposed 27 upon owners pursuant to this subdivision is by a traffic violations 28 bureau or a court having jurisdiction, an owner who is a lessor of a 29 vehicle to which a notice of liability was issued pursuant to paragraph 30 seven of this subdivision shall not be liable for the violation of this 31 section, provided that such lessor sends to the traffic violations 32 bureau or court having jurisdiction a copy of the rental, lease or other 33 such contract document covering such vehicle on the date of such 34 violation, with the name and address of the lessee clearly legible, 35 within thirty-seven days after receiving notice from the bureau or court 36 of the date and time of such violation, together with the other informa- 37 tion contained in the original notice of liability. Failure to send such 38 information within such thirty-seven day time period shall render the 39 owner liable for the penalty prescribed by this subdivision. Where the 40 lessor complies with the provisions of this subparagraph, the lessee of 41 such vehicle on the date of such violation shall be deemed to be the 42 owner of such vehicle for purposes of this subdivision, shall be subject 43 to liability for the violation of this section pursuant to this subdivi- 44 sion and shall be sent a notice of liability pursuant to paragraph seven 45 of this subdivision. 46 (B) (i) In a municipality which, by local law or ordinance, has 47 authorized the adjudication of liability imposed upon owners by this 48 subdivision by a parking violations bureau, an owner who is a lessor of 49 a vehicle to which a notice of liability was issued pursuant to para- 50 graph seven of this subdivision shall not be liable for the violation of 51 this section, provided that: 52 a. prior to the violation, the lessor has filed with the bureau in 53 accordance with the provisions of section two hundred thirty-nine of 54 this chapter; and 55 b. within thirty-seven days after receiving notice from the bureau of 56 the date and time of a liability, together with the other information 
 S. 10034 7 1 contained in the original notice of liability, the lessor submits to the 2 bureau the correct name and address of the lessee of the vehicle identi- 3 fied in the notice of liability at the time of such violation, together 4 with such other additional information contained in the rental, lease or 5 other contract document, as may be reasonably required by the bureau 6 pursuant to regulations that may be promulgated for such purpose. 7 (ii) Failure to comply with this subparagraph shall render the owner 8 liable for the penalty prescribed in this section. 9 (iii) Where the lessor complies with the provisions of this subpara- 10 graph, the lessee of such vehicle on the date of such violation shall be 11 deemed to be the owner of such vehicle for purposes of this subdivision, 12 shall be subject to liability for such violation pursuant to this subdi- 13 vision and shall be sent a notice of liability pursuant to paragraph 14 seven of this subdivision. 15 11. If the owner liable for a violation of this section pursuant to 16 this subdivision was not the occupant of the vehicle which violated this 17 section, the owner may maintain an action for indemnification against 18 such occupant. Notwithstanding any other provision of this subdivision, 19 no owner of a vehicle shall be subject to a monetary fine imposed pursu- 20 ant to this subdivision if such vehicle was being operated or occupied 21 without the consent of the owner at the time of such violation. For 22 purposes of this paragraph, there shall be a presumption that the opera- 23 tor of such vehicle was operating such vehicle with the consent of the 24 owner at the time of such violation. 25 12. Nothing in this section shall be construed to limit the liability 26 of any person for any violation of this section. 27 13. The department of transportation shall submit an annual report 28 detailing the results of the use of such program to the governor, the 29 temporary president of the senate and the speaker of the assembly on or 30 before June first of each year in which the program is operable. Such 31 report shall include, but not be limited to: 32 (A) a description of the locations where photo violation-monitoring 33 systems were used; 34 (B) the amount of litter found on and adjacent to highways now moni- 35 tored by the program for the three years preceding the installation of 36 such system; 37 (C) the amount of litter found on and adjacent to highways monitored 38 by the program for each year since the installation of such system; 39 (D) the number of events and number of violations recorded where a 40 photo violation-monitoring system is used and in the aggregate on a 41 daily, weekly and monthly basis; 42 (E) the number of notices of liability issued for violations recorded 43 by each such system; 44 (F) the number of fines imposed and total amount of fines paid after 45 first notice of liability issued for violations recorded by such 46 systems; 47 (G) the number and percentage of violations adjudicated and results of 48 such adjudications including breakdowns of dispositions made for 49 violations recorded by such systems; 50 (H) the total amount of revenue realized from such adjudications, 51 including but not limited to a breakdown of revenue realized by each 52 municipality where photo violation-monitoring systems were used for each 53 year since deployment of its photo violation-monitoring system; 54 (I) expenses incurred by the department of transportation and each 55 municipality where photo violation-monitoring systems were used in 
 S. 10034 8 1 connection with the program including but not limited to any part of 2 fines imposed by the system paid out to lease such system; and 3 (J) quality of the adjudication process and its results. 4 § 2. Subdivision 2 of section 87 of the public officers law is amended 5 by adding a new paragraph (w) to read as follows: 6 (w) are photographs, microphotographs, videotape or other recorded 7 images prepared under authority of subdivisions (d) and (e) of section 8 twelve hundred twenty of the vehicle and traffic law. 9 § 3. This act shall take effect immediately.