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

                                 998--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. DILAN, AVELLA -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  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.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00369-02-6
              

S. 998--A                           2

  (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
SEVENTEEN  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".

S. 998--A                           3

  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
AND ICE REMOVAL EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS
JURISDICTION AS THE AUTHORITY  DEEMS APPROPRIATE.

S. 998--A                           4

  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, 2026.