S T A T E O F N E W Y O R K
________________________________________________________________________
4385
2019-2020 Regular Sessions
I N S E N A T E
March 11, 2019
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Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the education law, in
relation to the illegal passing of school buses and to amend the state
finance law, in relation to establishing the school bus motorist
education fund
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 223-a to read as follows:
§ 223-A. SCHOOL BUS MOTORIST EDUCATION PROGRAM. THE COMMISSIONER
SHALL, IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, THE
DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION OF STATE
POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING
COUNCIL, DESIGN AND IMPLEMENT A PUBLIC EDUCATION PROGRAM TO EDUCATE
MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, TO REDUCE THE NUMBER OF
SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
§ 2. Subdivision 3 of section 1809 of the vehicle and traffic law, as
amended by chapter 309 of the laws of 1996, is amended to read as
follows:
3. The mandatory surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge the collecting authority
shall determine the amount of mandatory surcharge collected and, if it
is an administrative tribunal or a town or village justice court, it
shall pay such money to the state comptroller who shall deposit such
money in the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the general fund; PROVIDED,
HOWEVER, THAT THE COMPTROLLER SHALL DEPOSIT SUCH MONEY COLLECTED FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00260-02-9
S. 4385 2
VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE
CREDIT OF THE SCHOOL BUS MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW. If such collecting
authority is any other court of the unified court system, it shall,
within such period, pay such money to the state commissioner of taxation
and finance to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law;
PROVIDED, HOWEVER, THAT THE STATE COMMISSIONER OF TAXATION AND FINANCE
SHALL DEPOSIT SUCH MONEY COLLECTED FOR VIOLATIONS OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE CREDIT OF THE SCHOOL BUS
MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-J OF
THE STATE FINANCE LAW. The crime victim assistance fee provided for in
subdivision one of this section shall be paid to the clerk of the court
or administrative tribunal that rendered the conviction. Within the
first ten days of the month following collection of the crime victim
assistance fee, the collecting authority shall determine the amount of
crime victim assistance fee collected and, if it is an administrative
tribunal or a town or village justice court, it shall pay such money to
the state comptroller who shall deposit such money in the state treasury
pursuant to section one hundred twenty-one of the state finance law to
the credit of the criminal justice improvement account established by
section ninety-seven-bb of the state finance law.
§ 3. Subdivision 1 of section 3650 of the education law is amended by
adding a new paragraph f to read as follows:
F. AWARD AND DISTRIBUTE GRANTS, FOLLOWING APPROPRIATION BY THE LEGIS-
LATURE WHICH APPROPRIATION MAY INCLUDE FUNDS OF THE SCHOOL BUS MOTORIST
EDUCATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-J OF THE
STATE FINANCE LAW, FOR THE STUDY OF ISSUES INVOLVING THE ILLEGAL PASSING
OF STOPPED SCHOOL BUSES, THE DEVELOPMENT OF PROPOSALS TO REDUCE THE
NUMBER OF MOTORISTS PASSING SCHOOL BUSES IN VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, AND TO PROMOTE
SCHOOL BUS SAFETY.
§ 4. The state finance law is amended by adding a new section 89-j to
read as follows:
§ 89-J. THE SCHOOL BUS MOTORIST EDUCATION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND KNOWN AS THE SCHOOL BUS
MOTORIST EDUCATION FUND.
2. SUCH FUND SHALL CONSIST OF MONIES RECEIVED BY THE STATE FROM ANY
COURT OF THE UNIFIED COURT SYSTEM PURSUANT TO SECTION EIGHTEEN HUNDRED
NINE OF THE VEHICLE AND TRAFFIC LAW FOR VIOLATIONS OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF SUCH LAW, AND ALL OTHER FINES, FEES, GRANTS,
BEQUESTS OR OTHER MONIES CREDITED, APPROPRIATED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE.
3. (A) FIFTY PERCENT OF THE MONIES OF THE FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE TO THE STATE COMPRE-
HENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL FOR THE STUDY OF THE
ILLEGAL PASSING OF STOPPED SCHOOL BUSES BY MOTORISTS, AND THE DEVELOP-
MENT OF PROPOSALS TO REDUCE THE NUMBER OF MOTORISTS PASSING SCHOOL BUSES
IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND
TRAFFIC LAW.
(B) THE REMAINING FIFTY PERCENT OF THE MONIES OF SUCH FUND SHALL BE
MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR THE DESIGN AND
IMPLEMENTATION, IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE, THE DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION
OF STATE POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY
S. 4385 3
TRAINING COUNCIL, OF A PUBLIC EDUCATION PROGRAM TO FURTHER EDUCATE
MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, TO REDUCE
THE NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
4. THE MONIES OF THE FUND MADE AVAILABLE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION SHALL BE PAID OUT ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE
COMMISSIONER OF EDUCATION. THE MONIES OF THE FUND MADE AVAILABLE PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION SHALL BE PAID
OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND
CERTIFIED BY THE COMMISSIONER OF MOTOR VEHICLES. AT THE END OF EACH YEAR
ANY MONIES REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL
NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY
IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED
TO THE FUND.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.