S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7798--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2017
                                ___________
 
 Introduced  by M. of A. GLICK, SEPULVEDA, HARRIS, VANEL, ORTIZ, DenDEKK-
   ER, CYMBROWITZ, QUART, BARRON, WILLIAMS, HEVESI, SIMON, THIELE, ROSEN-
   THAL, COOK, GOTTFRIED, RODRIGUEZ, D'URSO, CARROLL, BLAKE,  DE LA ROSA,
   DINOWITZ,  DICKENS,  SEAWRIGHT -- Multi-Sponsored by -- M. of A. HYND-
   MAN, LENTOL -- read once and referred to the Committee on  Transporta-
   tion  --  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 photo  speed
   violation  monitoring systems in school speed zones in the city of New
   York; to amend chapter 189 of the laws of 2013, amending  the  vehicle
   and  traffic  law and the public officers law relating to establishing
   in a city with a population of one million people  or  more  a  demon-
   stration  program  implementing  speed violation monitoring systems in
   school zones by means of photo devices, and chapter 43 of the laws  of
   2014,  amending  the  vehicle and traffic law, the public officers law
   and the general municipal law relating to photo speed violation  moni-
   toring  systems  in  school  speed  zones  in the city of New York, in
   relation to the effectiveness thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of subdivision (a) of section 1180-b of the
 vehicle and traffic law, as amended by chapter 43 of the laws  of  2014,
 is amended to read as follows:
   1. Notwithstanding any other provision of law, the city of New York is
 hereby authorized to establish a demonstration program imposing monetary
 liability  on  the owner of a vehicle for failure of an operator thereof
 to comply with posted maximum speed limits in a school speed zone within
 [the] SUCH city (i) when a school speed limit is in effect  as  provided
 in  paragraphs  one and two of subdivision (c) of section eleven hundred
 eighty of this article or (ii) when other speed limits are in effect  as
 provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11514-09-7

 A. 7798--A                          2
 
 eighty of this article during the following times: (A)  on  school  days
 during  school  hours  and one hour before and one hour after the school
 day, and (B) a period during student activities at the school and up  to
 thirty  minutes  immediately before and up to thirty minutes immediately
 after such student activities. Such demonstration program shall  empower
 the city OF NEW YORK to install photo speed violation monitoring systems
 within  no more than [one hundred forty] TWO HUNDRED NINETY school speed
 zones within [the] SUCH city at any one time and to operate such systems
 within such zones (iii) when a  school  speed  limit  is  in  effect  as
 provided  in paragraphs one and two of subdivision (c) of section eleven
 hundred eighty of this article or (iv) when other speed  limits  are  in
 effect as provided in subdivision (b), (d), (f) or (g) of section eleven
 hundred eighty of this article during the following times: (A) on school
 days  during  school  hours  and  one hour before and one hour after the
 school day, and (B) a period during student activities at the school and
 up to thirty minutes immediately before and up to thirty  minutes  imme-
 diately after such student activities.  In selecting a school speed zone
 in  which  to  install  and  operate  a photo speed violation monitoring
 system, the city OF NEW YORK shall consider criteria including, but  not
 limited  to,  the  speed  data,  crash history, and the roadway geometry
 applicable to such school speed zone. SUCH  CITY  SHALL  PRIORITIZE  THE
 PLACEMENT  OF  PHOTO  SPEED VIOLATION MONITORING SYSTEMS IN SCHOOL SPEED
 ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
 A PHOTO SPEED VIOLATION MONITORING SYSTEM  SHALL  NOT  BE  INSTALLED  OR
 OPERATED  ON  A  CONTROLLED-ACCESS  HIGHWAY  EXIT  RAMP  OR WITHIN THREE
 HUNDRED FEET ALONG A HIGHWAY THAT CONTINUES FROM  THE  END  OF  A  CONT-
 ROLLED-ACCESS HIGHWAY EXIT RAMP.
   §  2.  Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   2. No photo speed violation monitoring  system  shall  be  used  in  a
 school speed zone unless (i) on the day it is to be used it has success-
 fully  passed a self-test of its functions; and (ii) it has undergone an
 annual calibration check performed pursuant to paragraph  four  of  this
 subdivision.  [The  city  may  install  signs giving notice that a photo
 speed violation monitoring system is in use to  be  mounted  on  advance
 warning  signs notifying motor vehicle operators of such upcoming school
 speed zone and/or on speed limit signs  applicable  within  such  school
 speed zone, in conformance with standards established in the MUTCD.] THE
 CITY  SHALL  INSTALL  "PHOTO  ENFORCED" SIGNS GIVING NOTICE THAT A PHOTO
 SPEED VIOLATION MONITORING SYSTEM IS IN USE TO  BE  MOUNTED  ON  ADVANCE
 WARNING  SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING SCHOOL
 SPEED ZONE AND/OR ON SPEED LIMIT SIGNS APPLICABLE WITHIN OR  APPROACHING
 SUCH SCHOOL SPEED ZONE, PROVIDED THAT SUCH SPEED LIMIT SIGNS SHALL BE NO
 MORE  THAN  THREE  HUNDRED  FEET  FROM  SUCH  SPEED VIOLATION MONITORING
 SYSTEM, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD. THE CITY
 SHALL ALSO INSTALL ADDITIONAL SPEED CAMERA ADVANCE WARNING SIGNS  MARKED
 "SPEED  CAMERA  AHEAD"  WITHIN  OR  APPROACHING  SUCH SCHOOL SPEED ZONE,
 PROVIDED THAT SUCH "SPEED CAMERA AHEAD" SIGNS  SHALL  BE  NO  MORE  THAN
 THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM.
   §  3.  Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   4. "school speed zone" shall mean a RADIAL distance not to exceed  one
 thousand  three hundred twenty feet [on a highway passing] FROM a school
 building, entrance, or exit [of a school abutting on the highway].

 A. 7798--A                          3
 
   § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
 as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
 follows:
   (n)  If  the city [adopts] EXPANDS a demonstration program pursuant to
 subdivision one of this section it shall conduct a study  and  submit  a
 report on the results of the EXPANDED use of photo devices to the gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly  WITHIN  FOUR YEARS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND SEVENTEEN WHICH AMENDED THIS  SUBDIVISION.  Such  report
 shall include:
   1. the locations where and dates when photo speed violation monitoring
 systems were used;
   2.  the  aggregate  number,  type and severity of crashes, fatalities,
 injuries and property damage reported  within  all  school  speed  zones
 within  the  city,  to  the  extent the information is maintained by the
 department of motor vehicles of this state;
   3. the aggregate number, type and  severity  of  crashes,  fatalities,
 injuries  and  property  damage reported within school speed zones where
 photo speed violation monitoring systems were used, to  the  extent  the
 information  is  maintained  by the department of motor vehicles of this
 state;
   4. the number of violations recorded within  all  school  speed  zones
 within the city, in the aggregate on a daily, weekly and monthly basis;
   5.  the  number  of  violations recorded within each school speed zone
 where a photo speed violation monitoring system is used, in  the  aggre-
 gate on a daily, weekly and monthly basis;
   6.  the  number  of  violations recorded within all school speed zones
 within the city that were:
   (i) more than ten but not more than twenty miles  per  hour  over  the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   7.  the  number  of  violations recorded within each school speed zone
 where a photo speed violation monitoring system is used that were:
   (i) more than ten but not more than twenty miles  per  hour  over  the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   8.  the  total  number  of  notices of liability issued for violations
 recorded by such systems;
   9. the number of fines and total amount of fines paid after the  first
 notice of liability issued for violations recorded by such systems;
   10. the number of violations adjudicated and the results of such adju-
 dications  including  breakdowns  of  dispositions  made  for violations
 recorded by such systems;
   11. the total amount of revenue realized by  the  city  in  connection
 with the program;
   12.  the expenses incurred by the city in connection with the program;
 [and]
   13. the quality of the adjudication process and its results; AND

 A. 7798--A                          4
 
   14. THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR  SUCH
 PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
 CRASHES.
   §  5. The opening paragraph of section 12 of chapter 43 of the laws of
 2014, amending the vehicle and traffic law, the public officers law  and
 the  general  municipal law relating to photo speed violation monitoring
 systems in school speed zones in the city of New  York,  is  amended  to
 read as follows:
   This  act  shall  take effect on the thirtieth day after it shall have
 become a law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF  THIS  ACT
 shall  expire [4 years after such effective date when upon such date the
 provisions of this act shall] AND be deemed repealed JULY 1,  2022;  and
 provided further that any rules necessary for the implementation of this
 act  on its effective date shall be promulgated on or before such effec-
 tive date, provided that:
   § 6. The opening paragraph of section 15 of chapter 189 of the laws of
 2013, amending the vehicle and traffic law and the public  officers  law
 relating  to  establishing  in  a  city with a population of one million
 people or more a  demonstration  program  implementing  speed  violation
 monitoring systems in school zones by means of photo devices, is amended
 to read as follows:
   This  act  shall  take effect on the thirtieth day after it shall have
 become a law and shall expire [5 years after such  effective  date  when
 upon  such date the provisions of this act shall] AND be deemed repealed
 JULY 1, 2022; and provided further that  any  rules  necessary  for  the
 implementation of this act on its effective date shall be promulgated on
 or before such effective date, provided that:
   §  7.  The  additional  150  photo  speed violation monitoring systems
 authorized to be installed by the city of New York  by  paragraph  1  of
 subdivision  (a)  of  section  1180-b of the vehicle and traffic law, as
 amended by section one of this act, shall be installed over the  3  year
 period following the effective date of this act as follows:
   (a) no more than 50 school speed zones during the first such year;
   (b)  no  more  than 50 additional school speed zones during the second
 such year; and
   (c) no more than 50 additional school speed  zones  during  the  third
 such year.
   §  8. This act shall take effect immediately; provided that the amend-
 ments to section 1180-b of the vehicle and traffic law made by  sections
 one, two, three and four of this act shall not affect the repeal of such
 section  and  shall  be  deemed repealed therewith; and provided further
 that the amendments to paragraph 2 of subdivision (a) of section  1180-b
 of  the  vehicle  and  traffic law made by section two of this act shall
 take effect on the ninetieth day after this act shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7798--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2017
                                ___________
 
 Introduced  by M. of A. GLICK, SEPULVEDA, HARRIS, VANEL, ORTIZ, DenDEKK-
   ER, CYMBROWITZ, QUART, BARRON, WILLIAMS, HEVESI, SIMON, THIELE, ROSEN-
   THAL, COOK, GOTTFRIED, RODRIGUEZ, D'URSO, CARROLL, BLAKE,  DE LA ROSA,
   DINOWITZ,  DICKENS,  SEAWRIGHT -- Multi-Sponsored by -- M. of A. HYND-
   MAN, LENTOL -- read once and referred to the Committee on  Transporta-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to photo  speed
   violation  monitoring systems in school speed zones in the city of New
   York; to amend chapter 189 of the laws of 2013, amending  the  vehicle
   and  traffic  law and the public officers law relating to establishing
   in a city with a population of one million people  or  more  a  demon-
   stration  program  implementing  speed violation monitoring systems in
   school zones by means of photo devices, in relation to the  effective-
   ness  thereof;  and  to amend chapter 43 of the laws of 2014, amending
   the vehicle and traffic law, the public officers law and  the  general
   municipal  law relating to photo speed violation monitoring systems in
   school speed zones in the city of New  York,  in  relation  to  making
   technical corrections thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (a) of  section  1180-b  of  the
 vehicle  and  traffic law, as amended by chapter 43 of the laws of 2014,
 is amended to read as follows:
   1. Notwithstanding any other provision of law, the city of New York is
 hereby authorized to establish a demonstration program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to comply with posted maximum speed limits in a school speed zone within
 [the]  SUCH  city (i) when a school speed limit is in effect as provided
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11514-11-7

 A. 7798--B                          2
 
 in paragraphs one and two of subdivision (c) of section  eleven  hundred
 eighty  of this article or (ii) when other speed limits are in effect as
 provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
 eighty  of  this  article during the following times: (A) on school days
 during school hours and one hour before and one hour  after  the  school
 day,  and (B) a period during student activities at the school and up to
 thirty minutes immediately before and up to thirty  minutes  immediately
 after  such student activities. Such demonstration program shall empower
 the city OF NEW YORK to install photo speed violation monitoring systems
 within no more than [one hundred forty] TWO HUNDRED NINETY school  speed
 zones within [the] SUCH city at any one time and to operate such systems
 within  such  zones  (iii)  when  a  school  speed limit is in effect as
 provided in paragraphs one and two of subdivision (c) of section  eleven
 hundred  eighty  of  this article or (iv) when other speed limits are in
 effect as provided in subdivision (b), (d), (f) or (g) of section eleven
 hundred eighty of this article during the following times: (A) on school
 days during school hours and one hour before  and  one  hour  after  the
 school day, and (B) a period during student activities at the school and
 up  to  thirty minutes immediately before and up to thirty minutes imme-
 diately after such student activities.  In selecting a school speed zone
 in which to install and  operate  a  photo  speed  violation  monitoring
 system,  the city OF NEW YORK shall consider criteria including, but not
 limited to, the speed data, crash  history,  and  the  roadway  geometry
 applicable  to  such  school  speed zone. SUCH CITY SHALL PRIORITIZE THE
 PLACEMENT OF PHOTO SPEED VIOLATION MONITORING SYSTEMS  IN  SCHOOL  SPEED
 ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
 A  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL NOT BE INSTALLED OR
 OPERATED ON A  CONTROLLED-ACCESS  HIGHWAY  EXIT  RAMP  OR  WITHIN  THREE
 HUNDRED  FEET  ALONG  A  HIGHWAY  THAT CONTINUES FROM THE END OF A CONT-
 ROLLED-ACCESS HIGHWAY EXIT RAMP.
   § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   2.  No  photo  speed  violation  monitoring  system shall be used in a
 school speed zone unless (i) on the day it is to be used it has success-
 fully passed a self-test of its functions; and (ii) it has undergone  an
 annual  calibration  check  performed pursuant to paragraph four of this
 subdivision. [The city may install signs  giving  notice  that  a  photo
 speed  violation  monitoring  system  is in use to be mounted on advance
 warning signs notifying motor vehicle operators of such upcoming  school
 speed  zone  and/or  on  speed limit signs applicable within such school
 speed zone, in conformance with standards established in the MUTCD.] THE
 CITY SHALL INSTALL "PHOTO ENFORCED" SIGNS GIVING  NOTICE  THAT  A  PHOTO
 SPEED  VIOLATION  MONITORING  SYSTEM  IS IN USE TO BE MOUNTED ON ADVANCE
 WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING  SCHOOL
 SPEED  ZONE AND/OR ON SPEED LIMIT SIGNS APPLICABLE WITHIN OR APPROACHING
 SUCH SCHOOL SPEED ZONE, PROVIDED THAT SUCH SPEED LIMIT SIGNS SHALL BE NO
 MORE THAN THREE  HUNDRED  FEET  FROM  SUCH  SPEED  VIOLATION  MONITORING
 SYSTEM, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD. THE CITY
 SHALL  ALSO INSTALL ADDITIONAL SPEED CAMERA ADVANCE WARNING SIGNS MARKED
 "SPEED CAMERA AHEAD" WITHIN  OR  APPROACHING  SUCH  SCHOOL  SPEED  ZONE,
 PROVIDED  THAT  SUCH  "SPEED  CAMERA  AHEAD" SIGNS SHALL BE NO MORE THAN
 THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM.
   § 3. Paragraph 4 of subdivision (c) of section 1180-b of  the  vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:

 A. 7798--B                          3
 
   4.  "school speed zone" shall mean a RADIAL distance not to exceed one
 thousand three hundred twenty feet [on a highway passing] FROM a  school
 building, entrance, or exit [of a school abutting on the highway].
   § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
 as  added  by  chapter  189  of  the laws of 2013, is amended to read as
 follows:
   (n) If the city [adopts] EXPANDS a demonstration program  pursuant  to
 subdivision  one  of  this section it shall conduct a study and submit a
 report on the results of the EXPANDED use of photo devices to the gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS
 OF  TWO  THOUSAND  SEVENTEEN WHICH AMENDED THIS SUBDIVISION. Such report
 shall include:
   1. the locations where and dates when photo speed violation monitoring
 systems were used;
   2. the aggregate number, type and  severity  of  crashes,  fatalities,
 injuries  and  property  damage  reported  within all school speed zones
 within the city, to the extent the  information  is  maintained  by  the
 department of motor vehicles of this state;
   3.  the  aggregate  number,  type and severity of crashes, fatalities,
 injuries and property damage reported within school  speed  zones  where
 photo  speed  violation  monitoring systems were used, to the extent the
 information is maintained by the department of motor  vehicles  of  this
 state;
   4.  the  number  of  violations recorded within all school speed zones
 within the city, in the aggregate on a daily, weekly and monthly basis;
   5. the number of violations recorded within  each  school  speed  zone
 where  a  photo speed violation monitoring system is used, in the aggre-
 gate on a daily, weekly and monthly basis;
   6. the number of violations recorded within  all  school  speed  zones
 within the city that were:
   (i)  more  than  ten  but not more than twenty miles per hour over the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   7. the number of violations recorded within  each  school  speed  zone
 where a photo speed violation monitoring system is used that were:
   (i)  more  than  ten  but not more than twenty miles per hour over the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   8. the total number of notices  of  liability  issued  for  violations
 recorded by such systems;
   9.  the number of fines and total amount of fines paid after the first
 notice of liability issued for violations recorded by such systems;
   10. the number of violations adjudicated and the results of such adju-
 dications including  breakdowns  of  dispositions  made  for  violations
 recorded by such systems;
   11.  the  total  amount  of revenue realized by the city in connection
 with the program;

 A. 7798--B                          4
 
   12. the expenses incurred by the city in connection with the  program;
 [and]
   13. the quality of the adjudication process and its results; AND
   14.  THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
 PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
 CRASHES.
   § 5. The opening paragraph of section 12 of chapter 43 of the laws  of
 2014,  amending the vehicle and traffic law, the public officers law and
 the general municipal law relating to photo speed  violation  monitoring
 systems  in  school  speed  zones in the city of New York, is amended to
 read as follows:
   This act shall take effect on the thirtieth day after  it  shall  have
 become  a  law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF THIS ACT
 shall expire 4 years after such effective date when upon such  date  the
 provisions  of  this  act shall be deemed repealed; and provided further
 that any rules necessary for the  implementation  of  this  act  on  its
 effective  date  shall  be promulgated on or before such effective date,
 provided that:
   § 6. The opening paragraph of section 15 of chapter 189 of the laws of
 2013, amending the vehicle and traffic law and the public  officers  law
 relating  to  establishing  in  a  city with a population of one million
 people or more a  demonstration  program  implementing  speed  violation
 monitoring systems in school zones by means of photo devices, is amended
 to read as follows:
   This  act  shall  take effect on the thirtieth day after it shall have
 become a law and shall expire [5 years after such  effective  date  when
 upon  such date the provisions of this act shall] AND be deemed repealed
 JULY 1, 2022; and provided further that  any  rules  necessary  for  the
 implementation of this act on its effective date shall be promulgated on
 or before such effective date, provided that:
   §  7.  The  additional  150  photo  speed violation monitoring systems
 authorized to be installed by the city of New York  by  paragraph  1  of
 subdivision  (a)  of  section  1180-b of the vehicle and traffic law, as
 amended by section one of this act, shall be installed over the  3  year
 period following the effective date of this act as follows:
   (a) no more than 50 school speed zones during the first such year;
   (b)  no  more  than 50 additional school speed zones during the second
 such year; and
   (c) no more than 50 additional school speed  zones  during  the  third
 such year.
   §  8. This act shall take effect immediately; provided that the amend-
 ments to section 1180-b of the vehicle and traffic law made by  sections
 one, two, three and four of this act shall not affect the repeal of such
 section  and  shall  be  deemed repealed therewith; and provided further
 that the amendments to paragraph 2 of subdivision (a) of section  1180-b
 of  the  vehicle  and  traffic law made by section two of this act shall
 take effect on the ninetieth day after this act shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7798--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GLICK,  VANEL, ORTIZ, DenDEKKER, CYMBROWITZ,
   QUART, BARRON, WILLIAMS, HEVESI, SIMON,  THIELE,  L. ROSENTHAL,  COOK,
   GOTTFRIED,  RODRIGUEZ,  D'URSO,  CARROLL, BLAKE, DE LA ROSA, DINOWITZ,
   DICKENS, SEAWRIGHT, JAFFEE,  MOSLEY,  AUBRY,  BICHOTTE,  KIM,  RIVERA,
   SIMOTAS,   PICHARDO,  ROZIC,  BENEDETTO,  TITUS,  PELLEGRINO,  PAULIN,
   TAYLOR, ARROYO, ESPINAL -- Multi-Sponsored by -- M. of A. GALEF, HYND-
   MAN, LENTOL -- read once and referred to the Committee on  Transporta-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee -- recommitted to the Committee  on  Transporta-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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 photo  speed
   violation  monitoring systems in school speed zones in the city of New
   York; to amend chapter 43 of the laws of 2014,  amending  the  vehicle
   and traffic law, the public officers law and the general municipal law
   relating  to  photo speed violation monitoring systems in school speed
   zones in the city  of  New  York,  in  relation  to  making  technical
   corrections  thereto;  and  to  amend chapter 189 of the laws of 2013,
   amending the vehicle and traffic  law  and  the  public  officers  law
   relating to establishing in a city with a population of one million or
   more  a  demonstration program implementing speed violation monitoring
   systems in school speed zones by means of photo devices,  in  relation
   to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (a) of  section  1180-b  of  the
 vehicle  and  traffic law, as amended by chapter 43 of the laws of 2014,
 is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11514-14-8

 A. 7798--C                          2
 
   1. Notwithstanding any other provision of law, the city of New York is
 hereby authorized to establish a demonstration program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to comply with posted maximum speed limits in a school speed zone within
 [the]  SUCH  city (i) when a school speed limit is in effect as provided
 in paragraphs one and two of subdivision (c) of section  eleven  hundred
 eighty  of this article or (ii) when other speed limits are in effect as
 provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
 eighty  of  this  article during the following times: (A) on school days
 during school hours and one hour before and one hour  after  the  school
 day,  and (B) a period during student activities at the school and up to
 thirty minutes immediately before and up to thirty  minutes  immediately
 after  such student activities. Such demonstration program shall empower
 the city OF NEW YORK to install photo speed violation monitoring systems
 within no more than [one hundred forty] TWO HUNDRED NINETY school  speed
 zones within [the] SUCH city at any one time and to operate such systems
 within  such  zones  (iii)  when  a  school  speed limit is in effect as
 provided in paragraphs one and two of subdivision (c) of section  eleven
 hundred  eighty  of  this article or (iv) when other speed limits are in
 effect as provided in subdivision (b), (d), (f) or (g) of section eleven
 hundred eighty of this article during the following times: (A) on school
 days during school hours and one hour before  and  one  hour  after  the
 school day, and (B) a period during student activities at the school and
 up  to  thirty minutes immediately before and up to thirty minutes imme-
 diately after such student activities.  In selecting a school speed zone
 in which to install and  operate  a  photo  speed  violation  monitoring
 system,  the city OF NEW YORK shall consider criteria including, but not
 limited to, the speed data, crash  history,  and  the  roadway  geometry
 applicable  to  such  school  speed zone. SUCH CITY SHALL PRIORITIZE THE
 PLACEMENT OF PHOTO SPEED VIOLATION MONITORING SYSTEMS  IN  SCHOOL  SPEED
 ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
 A  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL NOT BE INSTALLED OR
 OPERATED ON A  CONTROLLED-ACCESS  HIGHWAY  EXIT  RAMP  OR  WITHIN  THREE
 HUNDRED  FEET  ALONG  A  HIGHWAY  THAT CONTINUES FROM THE END OF A CONT-
 ROLLED-ACCESS HIGHWAY EXIT RAMP.
   § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   2.  No  photo  speed  violation  monitoring  system shall be used in a
 school speed zone unless (i) on the day it is to be used it has success-
 fully passed a self-test of its functions; and (ii) it has undergone  an
 annual  calibration  check  performed pursuant to paragraph four of this
 subdivision. The city [may] SHALL install signs  giving  notice  that  a
 photo  speed  violation  monitoring  system  is  in use to be mounted on
 advance warning signs notifying APPROACHING motor vehicle  operators  of
 such  upcoming  school speed zone and/or on speed limit signs applicable
 within such school speed zone, in conformance with standards established
 in the MUTCD. SUCH ADVANCE WARNING  SIGNS  SHALL  ALSO,  TO  THE  EXTENT
 AUTHORIZED  BY  THE MUTCD, CONTAIN THE WORDS "SPEED CAMERA AHEAD" AND BE
 NO MORE THAN THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEM.
   § 3. Paragraph 4 of subdivision (c) of section 1180-b of  the  vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:

 A. 7798--C                          3
 
   4.  "school speed zone" shall mean a RADIAL distance not to exceed one
 thousand three hundred twenty feet [on a highway passing] FROM a  school
 building, entrance, or exit [of a school abutting on the highway].
   § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
 as  added  by  chapter  189  of  the laws of 2013, is amended to read as
 follows:
   (n) If the city adopts a demonstration program pursuant to subdivision
 [one] (A) of this section it shall conduct a study  and  submit  [a]  AN
 ANNUAL  report  on the results of the use of photo devices to the gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME  DATE
 IN  EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.
 Such report shall include:
   1. the locations where and dates when photo speed violation monitoring
 systems were used;
   2. the aggregate number, type and  severity  of  crashes,  fatalities,
 injuries  and  property  damage  reported  within all school speed zones
 within the city, to the extent the  information  is  maintained  by  the
 department of motor vehicles of this state;
   3.  the  aggregate  number,  type and severity of crashes, fatalities,
 injuries and property damage reported within school  speed  zones  where
 photo  speed  violation  monitoring systems were used, to the extent the
 information is maintained by the department of motor  vehicles  of  this
 state;
   4.  the  number  of  violations recorded within all school speed zones
 within the city, in the aggregate on a daily, weekly and monthly basis;
   5. the number of violations recorded within  each  school  speed  zone
 where  a  photo speed violation monitoring system is used, in the aggre-
 gate on a daily, weekly and monthly basis;
   6. the number of violations recorded within  all  school  speed  zones
 within the city that were:
   (i)  more  than  ten  but not more than twenty miles per hour over the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   7. the number of violations recorded within  each  school  speed  zone
 where a photo speed violation monitoring system is used that were:
   (i)  more  than  ten  but not more than twenty miles per hour over the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   8. the total number of notices  of  liability  issued  for  violations
 recorded by such systems;
   9.  the number of fines and total amount of fines paid after the first
 notice of liability issued for violations recorded by such systems;
   10. the number of violations adjudicated and the results of such adju-
 dications including  breakdowns  of  dispositions  made  for  violations
 recorded by such systems;
   11.  the  total  amount  of revenue realized by the city in connection
 with the program;

 A. 7798--C                          4
 
   12. the expenses incurred by the city in connection with the  program;
 [and]
   13. the quality of the adjudication process and its results; AND
   14.  THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
 PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
 CRASHES.
   § 5. The opening paragraph of section 12 of chapter 43 of the laws  of
 2014,  amending the vehicle and traffic law, the public officers law and
 the general municipal law relating to photo speed  violation  monitoring
 systems  in  school  speed  zones in the city of New York, is amended to
 read as follows:
   This act shall take effect on the thirtieth day after  it  shall  have
 become  a  law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF THIS ACT
 shall expire 4 years after such effective date when upon such  date  the
 provisions  of  SUCH  SECTIONS OF this act shall be deemed repealed; and
 provided further that any rules necessary for the implementation of this
 act on its effective date shall be promulgated on or before such  effec-
 tive date, provided that:
   § 6. The opening paragraph of section 15 of chapter 189 of the laws of
 2013,  amending  the vehicle and traffic law and the public officers law
 relating to establishing in a city with a population of one  million  or
 more  a  demonstration  program  implementing speed violation monitoring
 systems in school speed zones by means of photo devices, is  amended  to
 read as follows:
   This  act  shall  take effect on the thirtieth day after it shall have
 become a law and shall expire [5 years after such  effective  date  when
 upon  such date the provisions of this act shall] AND be deemed repealed
 JULY 1, 2022; and provided further that  any  rules  necessary  for  the
 implementation of this act on its effective date shall be promulgated on
 or before such effective date, provided that:
   §  7.  Photo  speed violation monitoring systems within the additional
 150 school speed zones authorized for the city of New York by  paragraph
 1  of  subdivision (a) of section 1180-b of the vehicle and traffic law,
 as amended by section one  of  this  act,  shall  be  authorized  to  be
 installed  over  the  3 year period following the effective date of this
 act as follows:
   (a) in no more than 50 school speed zones during the first such year;
   (b) in no more than 50 additional school speed zones during the second
 such year; and
   (c) in no more than 50 additional school speed zones during the  third
 such year.
   §  8. This act shall take effect immediately; provided that the amend-
 ments to section 1180-b of the vehicle and traffic law made by  sections
 one, two, three and four of this act shall not affect the repeal of such
 section  and  shall  be  deemed repealed therewith; and provided further
 that the amendments to paragraph 2 of subdivision (a) of section  1180-b
 of  the  vehicle  and  traffic law made by section two of this act shall
 take effect on the ninetieth day after this act shall have become a law.