S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2153
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MAYER, RA, DINOWITZ, ROZIC, JAFFEE, SKOUFIS,
   OTIS, ZEBROWSKI, COOK, GALEF, PICHARDO -- Multi-Sponsored by -- M.  of
   A.  ABBATE,  DILAN,  MOSLEY,  PEOPLES-STOKES,  SIMON  -- 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:
   § 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.
                                                            LBD02688-01-7
              

 A. 2153                             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.
   § 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:
   § 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.
   § 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
 EIGHTEEN  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.
   § 4. The state finance law is amended by adding a new section 74-a  to
 read as follows:
   §  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".

 A. 2153                             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.
   § 5. The public authorities law is amended by adding a new section 389
 to read as follows:
   §  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.

 A. 2153                             4
 
   § 6. The transportation law is amended by adding a new section  23  to
 read as follows:
   §  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.
   § 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, 2025.