S T A T E   O F   N E W   Y O R K
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                                  1244

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. THOMPSON, ONORATO -- 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 education law, in
  relation to the illegal passing of school buses and to amend the state
  finance law, in relation  to  establishing  the  school  bus  motorist
  education fund

  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 223-a to read as follows:
  S  223-A.  SCHOOL  BUS  MOTORIST  EDUCATION  PROGRAM. THE COMMISSIONER
SHALL, IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE,  THE
DEPARTMENTS  OF  EDUCATION  AND  TRANSPORTATION,  THE  DIVISION OF STATE
POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS  DRIVER  SAFETY  TRAINING
COUNCIL,  DESIGN  AND  IMPLEMENT  A  PUBLIC EDUCATION PROGRAM TO EDUCATE
MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, TO  REDUCE  THE  NUMBER  OF
SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
  S  2. Subdivision 3 of section 1809 of the vehicle and traffic law, as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  3.  The  mandatory  surcharge  provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge the collecting authority
shall determine the amount of mandatory surcharge collected and,  if  it
is  an  administrative  tribunal  or a town or village justice court, it
shall pay such money to the state comptroller  who  shall  deposit  such
money  in  the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the  general  fund;  PROVIDED,
HOWEVER,  THAT  THE  COMPTROLLER  SHALL DEPOSIT SUCH MONEY COLLECTED FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03717-01-9
              

S. 1244                             2

VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE
CREDIT OF THE SCHOOL BUS MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-H OF THE  STATE  FINANCE  LAW.  If  such  collecting
authority  is  any  other  court  of the unified court system, it shall,
within such period, pay such money to the state commissioner of taxation
and finance to the credit of the criminal  justice  improvement  account
established  by  section  ninety-seven-bb  of  the  state  finance  law;
PROVIDED, HOWEVER, THAT THE STATE COMMISSIONER OF TAXATION  AND  FINANCE
SHALL  DEPOSIT  SUCH  MONEY  COLLECTED  FOR VIOLATIONS OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE CREDIT  OF  THE  SCHOOL  BUS
MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-H OF
THE  STATE FINANCE LAW.  The crime victim assistance fee provided for in
subdivision one of this section shall be paid to the clerk of the  court
or  administrative  tribunal  that  rendered  the conviction. Within the
first ten days of the month following collection  of  the  crime  victim
assistance  fee,  the collecting authority shall determine the amount of
crime victim assistance fee collected and, if it  is  an  administrative
tribunal  or a town or village justice court, it shall pay such money to
the state comptroller who shall deposit such money in the state treasury
pursuant to section one hundred twenty-one of the state finance  law  to
the  credit  of  the criminal justice improvement account established by
section ninety-seven-bb of the state finance law.
  S 3. Subdivision 1 of section 3650 of the education law is amended  by
adding a new paragraph f to read as follows:
  F.  AWARD AND DISTRIBUTE GRANTS, FOLLOWING APPROPRIATION BY THE LEGIS-
LATURE WHICH APPROPRIATION MAY INCLUDE FUNDS OF THE SCHOOL BUS  MOTORIST
EDUCATION  FUND  ESTABLISHED  PURSUANT  TO  SECTION EIGHTY-NINE-H OF THE
STATE FINANCE LAW, FOR THE STUDY OF ISSUES INVOLVING THE ILLEGAL PASSING
OF STOPPED SCHOOL BUSES, THE DEVELOPMENT  OF  PROPOSALS  TO  REDUCE  THE
NUMBER  OF MOTORISTS PASSING SCHOOL BUSES IN VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND  TRAFFIC  LAW,  AND  TO  PROMOTE
SCHOOL BUS SAFETY.
  S  4. The state finance law is amended by adding a new section 89-h to
read as follows:
  S 89-H. THE SCHOOL BUS MOTORIST EDUCATION FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND  KNOWN  AS  THE  SCHOOL  BUS
MOTORIST EDUCATION FUND.
  2.  SUCH  FUND  SHALL CONSIST OF MONIES RECEIVED BY THE STATE FROM ANY
COURT OF THE UNIFIED COURT SYSTEM PURSUANT TO SECTION  EIGHTEEN  HUNDRED
NINE  OF  THE  VEHICLE  AND TRAFFIC LAW FOR VIOLATIONS OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF SUCH LAW, AND ALL  OTHER  FINES,  FEES,  GRANTS,
BEQUESTS  OR  OTHER MONIES CREDITED, APPROPRIATED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE.
  3. (A) FIFTY PERCENT OF THE MONIES OF THE  FUND,  FOLLOWING  APPROPRI-
ATION  BY  THE LEGISLATURE, SHALL BE MADE AVAILABLE TO THE STATE COMPRE-
HENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL FOR THE STUDY  OF  THE
ILLEGAL  PASSING  OF STOPPED SCHOOL BUSES BY MOTORISTS, AND THE DEVELOP-
MENT OF PROPOSALS TO REDUCE THE NUMBER OF MOTORISTS PASSING SCHOOL BUSES
IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE  VEHICLE  AND
TRAFFIC LAW.
  (B)  THE  REMAINING  FIFTY PERCENT OF THE MONIES OF SUCH FUND SHALL BE
MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR  THE  DESIGN  AND
IMPLEMENTATION,  IN  CONJUNCTION  WITH  THE  GOVERNOR'S  TRAFFIC  SAFETY
COMMITTEE, THE DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION
OF THE STATE POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFE-

S. 1244                             3

TY TRAINING COUNCIL, OF A PUBLIC EDUCATION PROGRAM  TO  FURTHER  EDUCATE
MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN  HUNDRED  SEVENTY-FOUR  OF THE VEHICLE AND TRAFFIC LAW, TO REDUCE
THE NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
  4.  THE MONIES OF THE FUND MADE AVAILABLE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION SHALL BE PAID OUT  ON  THE  AUDIT  AND
WARRANT  OF  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE
COMMISSIONER OF EDUCATION. THE MONIES OF THE FUND MADE AVAILABLE  PURSU-
ANT  TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION SHALL BE PAID
OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND
CERTIFIED BY THE COMMISSIONER OF MOTOR VEHICLES. AT THE END OF EACH YEAR
ANY MONIES REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL
NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME EARNED ON  MONEY
IN  THE  FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED
TO THE FUND.
  S 5. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.