NY State Senate Bill 2017-S9123

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2018	referred to rules

co-Sponsors

2017-S9123 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, add §§1800-a & 1801-a, V & T L; amd §12, Chap 43 of 2014; amd §15, Chap 189 of 2013

2017-S9123 (ACTIVE) - Summary

Relates to photo speed violation monitoring systems in school speed zones in the city of New York; makes technical corrections relating to photo speed violation monitoring systems in school speed zones in the city of New York; extends provisions of law relating to establishing in a city with a population of one million or more a school speed zones by means of photo devices; doubles the fines for traffic infractions and misdemeanors committed in school traffic control zones

2017-S9123 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9123

SPONSOR: LANZA
 
TITLE OF BILL:  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; 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; to amend the vehicle and traffic law, in
relation to doubling the fines for traffic infractions and traffic
misdemeanors committed in school traffic control zones; and to amend the
vehicle and traffic law, in relation to certain monetary penalties

 
PURPOSE:

An act to amend the vehicle and traffic law, in relation to requiring a

stop sign or stop light the corners of every school zone, doubling the
fines for traffic infractions and traffic misdemeanors committed in
school traffic control zones, and funding installation of school zone
stop signs and stop lights through revenue generated by speed cameras
for six months.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1-5 modifies New York City's speed camera demonstration program.

Section 6-7 adds sections 1800-a and 1801-a to the vehicle and traffic
law.

Section 8 is the effective date.

 
JUSTIFICATION:

Guaranteeing the safety of children should be taken with the utmost
concern and importance. The majority of motor vehicles in school zones
exceed the speed limit, endangering the welfare of children who are
attending school. Taking an aggressive stance to enact and enforce
school zone vehicle and traffic laws will further minimize children's
risk of getting injured by cars. Speed cameras are effective at punish-
ing the motorist that has already sped through a school zone. Enforce-
ment is only necessary when motorists are failing to adhere to school
zone speed limits and after the danger to schoolchildren has already
occurred. By installing a stop sign or stop light at the four corners of
every school, the motorist's ability to exceed the speed limit will be
greatly diminished.  Reducing the speed of motorists traveling through
school zones is the most certain method to protect the safety and
welfare of our children. Allowing for the extension of NYC's school zone
speed camera program for six months provides time for such safety meas-
ures to be adopted and will alleviate associated costs.

 
LEGISLATIVE HISTORY:

New Bill.
 
FISCAL IMPLICATIONS:

Budget neutral.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Provided that the commissioner of motor vehicles is imme-
diately authorized and directed to promulgate, amend and/or repeal any
rules and regulations necessary to implement the provisions of this act
on its effective date.

2017-S9123 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9123
 
                             I N  S E N A T E
 
                               June 22, 2018
                                ___________
 
 Introduced  by  Sens.  LANZA,  GOLDEN,  FELDER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules
 
 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; to amend chapter 189 of the laws of 2013, amend-
   ing 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; to  amend  the  vehicle  and  traffic  law,  in
   relation  to  doubling  the  fines for traffic infractions and traffic
   misdemeanors committed in school traffic control zones; and  to  amend
   the vehicle and traffic law, in relation to certain monetary penalties

   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16364-02-8

 S. 9123                             2
 
 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 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 immediately 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 CONTROLLED-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. 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;

 S. 9123                             3
 
   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
   14.  THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
 PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
 CRASHES.
   § 4. 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:

 S. 9123                             4
 
   § 5. 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 AND 6 MONTHS 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 imple-
 mentation of this act on its effective date shall be promulgated  on  or
 before such effective date, provided that:
   § 6. The vehicle and traffic law is amended by adding two new sections
 1800-a and 1801-a to read as follows:
   §  1800-A. SCHOOL TRAFFIC CONTROL ZONE; TRAFFIC INFRACTIONS.  NOTWITH-
 STANDING THE PROVISIONS OF SECTION EIGHTEEN HUNDRED OF THIS ARTICLE  AND
 ANY  RULE  OR REGULATION TO THE CONTRARY, THAT PART OF ANY HIGHWAY ADJA-
 CENT TO A SCHOOL WHERE MAXIMUM SCHOOL  SPEED  LIMITS  HAVE  BEEN  ESTAB-
 LISHED, SHALL ALSO BE DESIGNATED A SCHOOL TRAFFIC CONTROL ZONE AND SHALL
 BE  CLEARLY  MARKED WITH THE PLACEMENT OF EITHER A TRAFFIC LIGHT OR STOP
 SIGN AT EVERY INTERSECTION OR CORNER IMMEDIATELY  SURROUNDING  A  SCHOOL
 SAFETY  ZONE  WITHIN SUCH SCHOOL ZONE. ALL FINES FOR TRAFFIC INFRACTIONS
 PURSUANT TO THIS CHAPTER WHICH ARE COMMITTED IN A SCHOOL TRAFFIC CONTROL
 ZONE SHALL BE DOUBLE THE MAXIMUM AMOUNT OTHERWISE SET OUT IN THIS  CHAP-
 TER FOR SUCH INFRACTIONS.
   §  1801-A.  SCHOOL TRAFFIC CONTROL ZONE; MISDEMEANORS. NOTWITHSTANDING
 THE PROVISIONS OF SECTION EIGHTEEN HUNDRED ONE OF THIS ARTICLE  AND  ANY
 RULE   OR   REGULATION  TO  THE  CONTRARY,  ALL  FINES  FOR  MISDEMEANOR
 CONVICTIONS PURSUANT TO THIS CHAPTER, WHICH ARE COMMITTED  IN  A  SCHOOL
 TRAFFIC  CONTROL  ZONE,  AS  DESIGNATED  PURSUANT  TO  SECTION  EIGHTEEN
 HUNDRED-A OF THIS ARTICLE, SHALL BE DOUBLE THE MAXIMUM AMOUNT  OTHERWISE
 SET OUT IN THIS CHAPTER FOR SUCH MISDEMEANOR CONVICTIONS.
   § 7. Subdivision (e) 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:
   (e) An owner liable for a violation of subdivision (b), (c), (d),  (f)
 or  (g)  of  section eleven hundred eighty of this article pursuant to a
 demonstration program established pursuant  to  this  section  shall  be
 liable for monetary penalties in accordance with a schedule of fines and
 penalties to be promulgated by the parking violations bureau of the city
 of  New  York. The liability of the owner pursuant to this section shall
 not exceed fifty dollars for each  violation;  provided,  however,  that
 such parking violations bureau may provide for an additional penalty not
 in  excess  of twenty-five dollars for each violation for the failure to
 respond to a notice of liability within the prescribed time period.  ALL
 MONETARY PENALTIES COLLECTED PURSUANT TO  THIS  SECTION  SHALL  BE  USED
 EXCLUSIVELY  FOR  THE PURPOSE OF THE PLACEMENT OF EITHER A TRAFFIC LIGHT
 OR STOP SIGN AT EVERY INTERSECTION OR CORNER IMMEDIATELY  SURROUNDING  A
 SCHOOL  SAFETY ZONE WITHIN SUCH SCHOOL ZONE PURSUANT TO SECTION EIGHTEEN
 HUNDRED-A OF THIS CHAPTER.
   § 8. This act shall take effect immediately:
   (a) provided that the amendments to section 1180-b of the vehicle  and
 traffic law made by sections one, two, three and seven of this act shall
 not affect the repeal of such section and shall be deemed repealed ther-
 ewith; and provided further that the amendments to paragraph 2 of subdi-
 vision  (a)  of  section  1180-b  of the vehicle and traffic law made by

 S. 9123                             5
 
 section two of this act shall take effect on  the  ninetieth  day  after
 this act shall have become a law; and
   (b)  provided,  however, that the provisions of sections six and seven
 of this act shall take effect on the ninetieth day after it  shall  have
 become  a law. Provided that the commissioner of motor vehicles is imme-
 diately authorized and directed to promulgate, amend and/or  repeal  any
 rules  and regulations necessary to implement the provisions of this act
 on its effective date.

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Senate Bill S9123

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2017-S9123 (ACTIVE) - Details

2017-S9123 (ACTIVE) - Summary

2017-S9123 (ACTIVE) - Sponsor Memo

2017-S9123 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9123

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Martin J. Golden

Simcha Felder

2017-S9123 (ACTIVE) - Details

2017-S9123 (ACTIVE) - Summary

2017-S9123 (ACTIVE) - Sponsor Memo

2017-S9123 (ACTIVE) - Bill Text download pdf

Comments