S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5060--A
     Cal. No. 639
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sens. KENNEDY, PALUMBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered to a third reading, passed by Senate and delivered to
   the Assembly, recalled, vote reconsidered, restored to third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the vehicle and traffic law, in relation  to  permitting
   signs,  placards  or  other displays to provide notice that school bus
   photo violation monitoring systems are in use; and providing  for  the
   repeal of such provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 375 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 21-j to read as follows:
   21-J.  (A)  EVERY  SCHOOL  BUS WHICH IS OWNED AND OPERATED BY A SCHOOL
 DISTRICT OR WHICH IS PRIVATELY OWNED AND OPERATED FOR COMPENSATION UNDER
 CONTRACT WITH SUCH DISTRICT MAY BE  EQUIPPED  WITH  SIGNS,  PLACARDS  OR
 OTHER DISPLAYS GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT
 SCHOOL  BUS PHOTO VIOLATION MONITORING SYSTEMS ARE IN USE, PROVIDED THAT
 SUCH SCHOOL DISTRICT HAS ENTERED AN AGREEMENT PURSUANT TO SECTION  TWEN-
 TY-TWO  OF  CHAPTER  ONE  HUNDRED FORTY-FIVE OF THE LAWS OF TWO THOUSAND
 NINETEEN WITH A COUNTY, CITY, TOWN OR VILLAGE WHICH  HAS  ESTABLISHED  A
 DEMONSTRATION  PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A
 OF THIS CHAPTER IMPOSING MONETARY LIABILITY ON THE OWNER  OF  A  VEHICLE
 FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED
 SEVENTY-FOUR  OF  THIS  CHAPTER.  SUCH SIGNS, PLACARDS OR OTHER DISPLAYS
 SHALL COMPLY WITH THE RULES AND REGULATIONS PROMULGATED BY  THE  COMMIS-
 SIONER PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (B)  THE  COMMISSIONER  SHALL PROMULGATE RULES AND REGULATIONS FOR THE
 CONTENT, SIZE AND PLACEMENT ON SCHOOL BUSES OF A SIGN, PLACARD OR  OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09788-03-1

 S. 5060--A                          2
 
 DISPLAY,  AS  AUTHORIZED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
 GIVING NOTICE TO APPROACHING MOTOR VEHICLE  OPERATORS  THAT  SCHOOL  BUS
 PHOTO VIOLATION MONITORING SYSTEMS ARE IN USE.
   §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law and shall expire and be deemed repealed on the same
 date and in the same  manner  as  chapter  145  of  the  laws  of  2019;
 provided,  further, that this act shall expire and be deemed repealed if
 any federal agency determines in writing that this act would render  New
 York  state  ineligible for the receipt of federal funds or any court of
 competent jurisdiction finally determines that this act would render New
 York state out of compliance with federal law  or  regulation;  provided
 further,  that  the  commissioner  of  transportation or commissioner of
 motor vehicles shall notify the  legislative  bill  drafting  commission
 upon  the  occurrence  of  the  provisions of this act in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public  officers  law.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.