Bill Text: NY A01846 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for doubling the fine for certain moving violations occurring within school safety zones: a quarter mile radius of a primary or secondary school or 200 yards of a school in NYC; doubles the fines during school hours; requires local governments to post signs prescribed by the commissioner of transportation; requires establishment of maximum speed limits in school safety zones to be done in consultation with local governments and police.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2013-12-06 - enacting clause stricken [A01846 Detail]

Download: New_York-2013-A01846-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1846
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  GIBSON  --  Multi-Sponsored  by  -- M. of A.
         PEOPLES-STOKES -- read once and referred to the Committee on Transpor-
         tation
       AN ACT to amend the vehicle and traffic law, in relation to establishing
         the school safety zone act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act  shall be known and may be cited as the "school
    2  safety zone act".
    3    S 2. The vehicle and traffic law is amended by adding  a  new  section
    4  142-a to read as follows:
    5    S  142-A. SCHOOL SAFETY ZONE. THE AREA OR SPACE INCLUDED WITHIN A ONE-
    6  QUARTER MILE RADIUS OF A PRIMARY OR SECONDARY  SCHOOL;  EXCEPT  THAT  IN
    7  CITIES COMPRISING MORE THAN ONE COUNTY, SUCH RADIUS SHALL BE TWO HUNDRED
    8  YARDS.
    9    S 3. The vehicle and traffic law is amended by adding two new sections
   10  1229-e and 1229-f to read as follows:
   11    S  1229-E.  FINES  DOUBLED WITHIN SCHOOL SAFETY ZONE. 1. THE OTHERWISE
   12  APPLICABLE FINE OR RANGE OF FINES FOR THE COMMISSION OF A MOVING TRAFFIC
   13  VIOLATION PROHIBITED UNDER ANY PROVISION OF THIS TITLE WITHIN  A  SCHOOL
   14  SAFETY ZONE, AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO-A OF THIS CHAP-
   15  TER, DURING POSTED SCHOOL HOURS SHALL BE DOUBLED.
   16    2.  THE  (A) GOVERNING BODY OF THE CITY, TOWN, OR VILLAGE IN WHICH ANY
   17  SCHOOL SAFETY ZONE IS LOCATED IN EVERY COUNTY NOT WHOLLY CONTAINED WITH-
   18  IN A CITY AND (B) LOCAL COMMUNITY BOARD OF ANY CITY COMPRISING MORE THAN
   19  ONE COUNTY SHALL OBTAIN FROM THE  SCHOOL  AUTHORITIES  OF  EVERY  SCHOOL
   20  BUILDING  IN  A SCHOOL SAFETY ZONE WITHIN THEIR RESPECTIVE JURISDICTIONS
   21  THE SCHOOL HOURS OF EACH SUCH  SCHOOL  BUILDING.  SUCH  HOURS  SHALL  BE
   22  INCORPORATED  INTO  THE SIGNS POSTED AS REQUIRED BY LAW AND PRESCRIPTION
   23  OF THE COMMISSIONER OF TRANSPORTATION TO DESIGNATE SCHOOL SAFETY ZONES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02037-01-3
       A. 1846                             2
    1    3. FOR ONE YEAR FOLLOWING THE EFFECTIVE DATE OF  THIS  SECTION,  FIFTY
    2  PERCENT OF THE INCREASED FINE REVENUE GENERATED PURSUANT TO THIS SECTION
    3  SHALL  BE  RETAINED, DEDICATED OR REMITTED TO THE GOVERNING BODY OF EACH
    4  CITY, TOWN OR VILLAGE TO PAY FOR THE SIGNAGE REQUIRED PURSUANT TO SUBDI-
    5  VISION TWO OF THIS SECTION. SUCH FIFTY PERCENT SHALL BE TAKEN OUT OF THE
    6  INCREASED FINE REVENUE TO BE REMITTED TO THE STATE.
    7    S  1229-F.  SCHOOL SAFETY ZONES; ESTABLISHMENT OF MAXIMUM SCHOOL SPEED
    8  LIMITS. THE BODY OR OFFICER AUTHORIZED BY THIS TITLE TO ESTABLISH  MAXI-
    9  MUM SCHOOL SPEED LIMITS SHALL ESTABLISH SUCH MAXIMUM SCHOOL SPEED LIMITS
   10  WITHIN ALL SCHOOL SAFETY ZONES AND SHALL DO SO IN CONSULTATION WITH THE:
   11  (1)  (A)  GOVERNING  BODY  OF  THE  CITY, TOWN, OR VILLAGE IN WHICH SUCH
   12  SCHOOL SAFETY ZONE IS LOCATED IN EVERY COUNTY NOT WHOLLY CONTAINED WITH-
   13  IN A CITY, UNLESS SUCH BODY OR OFFICER SO AUTHORIZED BE  SUCH  GOVERNING
   14  BODY,  OR (B) LOCAL COMMUNITY BOARD OF ANY CITY COMPRISING MORE THAN ONE
   15  COUNTY; AND (2) THE POLICE DEPARTMENT, FORCE, OR AGENCY HAVING JURISDIC-
   16  TION OVER SUCH SCHOOL SAFETY ZONE, IN THE FOLLOWING ORDER OF PREFERENCE:
   17  (A) CITY, TOWN, OR VILLAGE POLICE, (B) COUNTY SHERIFF OR POLICE, AND (C)
   18  STATE POLICE; PROVIDED THAT IF ANY SCHOOL SAFETY ZONE IS SUBJECT TO  THE
   19  JURISDICTION  OF  ANY  BODY  OR  OFFICER AUTHORIZED TO ESTABLISH MAXIMUM
   20  SCHOOL SPEED LIMITS PURSUANT TO SECTION SIXTEEN HUNDRED THIRTY  OF  THIS
   21  CHAPTER  AND  SUCH BODY OR OFFICER HAS ITS OWN POLICE DEPARTMENT, FORCE,
   22  OR AGENCY, SUCH POLICE DEPARTMENT, FORCE, OR AGENCY SHALL  BE  FIRST  IN
   23  ORDER OF PREFERENCE FOR CONSULTATION WITH RESPECT TO SCHOOL SAFETY ZONES
   24  SUBJECT TO THE JURISDICTION OF SUCH BODY OR OFFICER.
   25    S 4. The commissioner of transportation, or his or her designee, shall
   26  prescribe  the  appropriate  type  of  signage,  which shall include the
   27  language, "school safety zone fines doubled during school hours",  state
   28  the  applicable school hours, and be conspicuously posted and maintained
   29  by the city, town, or village wherein the school safety zone is located.
   30    S 5. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become a law; provided that any  and
   32  all  rules and regulations and any other measures necessary to implement
   33  any provision of this act on its effective date may be  promulgated  and
   34  taken, respectively, on or before the effective date of such provision.