S T A T E   O F   N E W   Y O R K
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                                  3687

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A. MAYER, STEVENSON, MARKEY, RA -- read once and
  referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  surfaces  of certain motor vehicles to be cleared of accumulated snow,
  sleet, or hail; to amend the state finance law, the public authorities
  law and the transportation law,  in  relation  to  the  snow  and  ice
  removal  fund; and providing for the repeal of certain provisions upon
  expiration thereof

  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 1229-e to read as follows:
  S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
ATE A MOTOR VEHICLE ON A PUBLIC STREET OR  HIGHWAY  WHILE  THERE  IS  AN
ACCUMULATION  OF  SNOW, SLEET, OR HAIL ON THE ROOF OR CARGO BED SURFACES
THEREOF, WHETHER OF ANY OCCUPANT COMPARTMENT, TRAILER,  OR  OTHER  CARGO
COMPARTMENT IN EXCESS OF THREE INCHES.
  2.  THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY SUBDI-
VISION ONE OF THIS SECTION SHALL NOT APPLY DURING THE FALLING  OF  SNOW,
SLEET,  OR HAIL OR WITHIN THREE HOURS AFTER THE CESSATION OF THE FALLING
THEREOF.
  3. (A) THE OPERATOR OF A NON-COMMERCIAL VEHICLE IN  VIOLATION  OF  THE
PROVISIONS  OF  THIS  SECTION,  EXCLUDING  A DISABLED OPERATOR, SHALL BE
SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED FIFTY  DOLLARS  NOR  MORE
THAN EIGHT HUNDRED FIFTY DOLLARS.
  (B) THE OPERATOR, OWNER, LESSEE, BAILEE OR ANY ONE OF THE AFORESAID IF
A  COMMERCIAL  MOTOR VEHICLE SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FOUR HUNDRED FIFTY DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS.
  (C) ALL FINES CREDITED TO THE STATE PURSUANT TO THIS SECTION SHALL  BE
DEPOSITED  TO  THE  SNOW  AND  ICE  REMOVAL FUND ESTABLISHED PURSUANT TO
SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00411-01-3
              

A. 3687                             2

  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  AUTOMOBILE
TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor  vehicles. Every vehicle operated or driven upon a public
highway which is propelled by  any  power  other  than  muscular  power,
except  (a)  electrically-driven mobility assistance devices operated or
driven by a person with a disability, (a-1) electric personal  assistive
mobility  devices  operated  outside  a  city  with  a population of one
million or more, (b) vehicles which run only upon rails or  tracks,  (c)
snowmobiles  as  defined in article forty-seven of this chapter, and (d)
all terrain vehicles as defined in article forty-eight-B of  this  chap-
ter.  For  the  purposes  of  title four of this chapter, the term motor
vehicle shall exclude fire and police vehicles  other  than  ambulances.
For  the  purposes  of  titles four and five, AND SECTION TWELVE HUNDRED
TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
type tractors and all terrain type vehicles used exclusively  for  agri-
cultural purposes, or for snow plowing, other than for hire, farm equip-
ment,  including  self-propelled  machines  used exclusively in growing,
harvesting or handling farm produce, and self-propelled  caterpillar  or
crawler-type equipment while being operated on the contract site.
  S 3. Section 200 of the vehicle and traffic law is amended by adding a
new subdivision 3 to read as follows:
  3.  THE  COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  ON  AN  ANNUAL
BASIS  FOR THE TEN YEARS COMMENCING ON AUGUST THIRTY-FIRST, TWO THOUSAND
FOURTEEN CONCERNING THE IMPLEMENTATION OF SECTION TWELVE  HUNDRED  TWEN-
TY-NINE-E  OF  THIS  CHAPTER  AND  SECTION  SEVENTY-FOUR-A  OF THE STATE
FINANCE LAW. SUCH REPORT SHALL INCLUDE INFORMATION ON:
  (A) THE AMOUNT OF FUNDS MADE AVAILABLE TO THE COMMISSIONER AND THE NEW
YORK STATE THRUWAY AUTHORITY AND THE USE OF SUCH FUNDS;
  (B) HOW MANY SUMMONSES WERE ISSUED PURSUANT TO SECTION TWELVE  HUNDRED
TWENTY-NINE-E OF THIS CHAPTER;
  (C)  THE  OPERATION OF THE GRANT PROGRAM ESTABLISHED PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE  TRANSPORTA-
TION LAW;
  (D)  THE  PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO PARAGRAPH (C)
OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW;
  (E) THE SEVERITY AND FREQUENCY OF TRAFFIC INCIDENTS INVOLVING SNOW  OR
ICE  NOT PROPERLY REMOVED FROM VEHICLES BEFORE AND AFTER THE IMPLEMENTA-
TION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF THIS CHAPTER; AND
  (F) THE OPERATION OF SUCH SNOW AND ICE REMOVAL  SITES  ESTABLISHED  BY
THE  NEW  YORK  STATE  DEPARTMENT  OF TRANSPORTATION PURSUANT TO SECTION
THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW AND THE NEW YORK
STATE THRUWAY AUTHORITY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO  OF
SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
  S  4. The state finance law is amended by adding a new section 74-a to
read as follows:
  S 74-A. SNOW AND ICE REMOVAL FUND. 1. THERE IS HEREBY  ESTABLISHED  IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SNOW AND ICE REMOVAL
FUND".
  2.  THE  SNOW AND ICE REMOVAL FUND SHALL CONSIST OF ALL FINES CREDITED
TO THE STATE FOR A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-NINE-E  OF
THE  VEHICLE  AND  TRAFFIC  LAW, AND ALL OTHER MONEYS CREDITED OR TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.

A. 3687                             3

  3. MONEYS IN THE SNOW AND ICE REMOVAL FUND  MAY  BE  INVESTED  BY  THE
COMPTROLLER PURSUANT TO THE PROVISIONS OF SECTION NINETY-EIGHT-A OF THIS
ARTICLE AND ANY INCOME RECEIVED BY THE COMPTROLLER FROM SUCH INVESTMENTS
SHALL BE ADDED TO AND BECOME PART OF, AND SHALL BE USED FOR THE PURPOSES
OF SUCH FUND. ALL DEPOSITS OF SUCH MONEY SHALL, IF REQUIRED BY THE COMP-
TROLLER,  BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE
OF MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND  ALL
BANKS  AND  TRUST  COMPANIES  ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR
SUCH DEPOSITS.
  4. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL BE ALLOCATED UPON A CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE
DIRECTOR  OF  THE  BUDGET  SOLELY  FOR  THE  PURPOSES  SET FORTH IN THIS
SECTION.
  5. MONEYS IN THE FUND SHALL BE ALLOCATED IN THE FOLLOWING MANNER:
  (A) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO  THE  DEPARTMENT
OF MOTOR VEHICLES FOR THE COLLECTION AND REPORTING OF DATA ON THE IMPLE-
MENTATION  OF  SECTION  TWELVE  HUNDRED TWENTY-NINE-E OF THE VEHICLE AND
TRAFFIC LAW.
  (B) TWENTY-FIVE PERCENT OF THE MONEYS  SHALL  BE  TRANSFERRED  TO  THE
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF PARAGRAPH (A) OF SUBDI-
VISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
  (C)  TWENTY-FIVE PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE NEW
YORK STATE THRUWAY AUTHORITY  FOR  PURPOSES  OF  SECTION  THREE  HUNDRED
EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW.
  (D)  THIRTY  PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPART-
MENT OF TRANSPORTATION FOR THE GRANT  PROGRAM  ESTABLISHED  PURSUANT  TO
PARAGRAPH  (B)  OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS-
PORTATION LAW.
  (E) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO  THE  DEPARTMENT
OF TRANSPORTATION FOR THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO
PARAGRAPH  (C)  OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS-
PORTATION LAW.
  S 5. The public authorities law is amended by adding a new section 389
to read as follows:
  S 389. SNOW AND ICE  REMOVAL  SITES.  1.  FOR  THE  PURPOSES  OF  THIS
SECTION, THE TERM "COMMON CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS
PASSENGERS  BY  MOTOR  VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR
THE GENERAL PUBLIC ON AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR
ROUTES OR ANY PERSON THAT  TRANSPORTS  PROPERTY  BY  MOTOR  VEHICLE  FOR
COMPENSATION  FOR  THE GENERAL PUBLIC. IT SHALL INCLUDE A BUS LINE WHICH
IS A MOTOR VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF  VEHICLES
HAVING A SEATING CAPACITY OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE
PICKUP  AND  DISCHARGE  POINTS ALONG DESIGNATED ROUTES; AND BY NO PREAR-
RANGEMENTS OR RESERVATIONS BY PASSENGERS.
  2. USING THE MONEYS ALLOCATED FROM  THE  SNOW  AND  ICE  REMOVAL  FUND
ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
THE  AUTHORITY  SHALL  ESTABLISH  SNOW  AND ICE REMOVAL SITES FOR COMMON
CARRIERS ON THE THRUWAY. THE AUTHORITY SHALL USE  THE  MONEYS  ALLOCATED
FROM  PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE
STATE FINANCE LAW FOR THE PURCHASE, INSTALLATION AND OPERATION  OF  SNOW
AND ICE REMOVAL EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS
JURISDICTION AS THE AUTHORITY  DEEMS APPROPRIATE.
  S  6.  The transportation law is amended by adding a new section 23 to
read as follows:
  S 23. SNOW AND ICE REMOVAL.  1. FOR THE PURPOSES OF THIS SECTION,  THE
TERM  "COMMON  CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS PASSENGERS

A. 3687                             4

BY MOTOR VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR  THE  GENERAL
PUBLIC  ON  AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR ROUTES OR
ANY PERSON THAT TRANSPORTS PROPERTY BY MOTOR  VEHICLE  FOR  COMPENSATION
FOR  THE  GENERAL  PUBLIC.  IT SHALL INCLUDE A BUS LINE WHICH IS A MOTOR
VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF  VEHICLES  HAVING  A
SEATING  CAPACITY  OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE PICKUP
AND DISCHARGE POINTS ALONG DESIGNATED ROUTES; AND BY NO  PREARRANGEMENTS
OR RESERVATIONS BY PASSENGERS.
  2.  USING  THE  MONEYS  ALLOCATED  FROM  THE SNOW AND ICE REMOVAL FUND
ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
THE DEPARTMENT SHALL:
  (A) ESTABLISH SNOW AND ICE REMOVAL SITES FOR COMMON CARRIERS  ON  SUCH
INTERSTATE  AND  STATE  HIGHWAYS  THAT ARE UNDER THE JURISDICTION OF THE
DEPARTMENT. THE DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH
(B) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE  STATE  FINANCE
LAW FOR THE PURCHASE, INSTALLATION AND OPERATION OF SNOW AND ICE REMOVAL
EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS JURISDICTION AS
THE COMMISSIONER DEEMS APPROPRIATE.
  (B) ESTABLISH AND ADMINISTER A SNOW AND ICE REMOVAL GRANT PROGRAM. THE
DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (B) OF SUBDIVI-
SION  FIVE  OF  SECTION  SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE
PURPOSE OF PROVIDING COMMON CARRIERS WITH  MATCHING  FUNDS  TO  PURCHASE
SNOW AND ICE REMOVAL EQUIPMENT; PROVIDED, HOWEVER, THAT
  (I)  NO  GRANT  TO  ANY COMMON CARRIER SHALL EXCEED TEN PERCENT OF THE
TOTAL ALLOCATIONS FOR SUCH GRANT PROGRAM;
  (II) EACH APPLICANT SHALL BE ELIGIBLE TO RECEIVE ONLY ONE  SUCH  GRANT
IN ANY TWENTY-FOUR MONTH PERIOD;
  (III)  NO  PART  OF  ANY  SUCH GRANT SHALL BE USED FOR SALARIES OR ANY
OTHER SERVICES OTHER THAN FOR THE PURCHASE AND INSTALLATION OF SNOW  AND
ICE REMOVAL EQUIPMENT; AND
  (IV)  THE COMMON CARRIER HAS COMMITTED SUFFICIENT FUNDS TO FULFILL THE
MATCH REQUIREMENTS OF THIS GRANT.
  (C) IMPROVE PUBLIC AWARENESS OF THE HAZARDS OF  DRIVING  WITH  ACCUMU-
LATIONS OF SNOW AND ICE ON THE ROOF OR CARGO BED SURFACES OF MOTOR VEHI-
CLES  AND  THE  PROHIBITION THEREOF. THE DEPARTMENT SHALL USE THE MONEYS
ALLOCATED  FROM  PARAGRAPH  (E)   OF   SUBDIVISION   FIVE   OF   SECTION
SEVENTY-FOUR-A  OF  THE STATE FINANCE LAW FOR THE PURPOSE OF SUCH PUBLIC
AWARENESS CAMPAIGN THROUGH EDUCATIONAL AND  INFORMATIONAL  MATERIALS  IN
PRINT,  AUDIO,  VISUAL,  ELECTRONIC  OR  OTHER  MEDIA INCLUDING, BUT NOT
LIMITED TO PUBLIC SERVICE ANNOUNCEMENTS AND ADVERTISEMENTS.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  the  amendments to section 200 of the vehicle and traffic law made
by section three of this act shall expire and be deemed repealed Septem-
ber 1, 2023.