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

                                 395--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  DILAN,  ADDABBO, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00411-02-4

              

S. 395--A                           2

  (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.
  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
FIFTEEN  CONCERNING THE IMPLEMENTATION OF SECTION TWELVE HUNDRED TWENTY-
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-

S. 395--A                           3

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.
  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

S. 395--A                           4

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
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, 2024.