Bill Text: NY S01685 | 2015-2016 | General Assembly | Introduced


Bill Title: Enacts the "crash zone safety act"; establishes a speed limit which is 20 miles per hour less than the posted speed limit at and near the scene of an emergency; establishes enhanced penalties and surcharges for violations thereof; requires the establishment of a public and driver education program relating to such provisions; establishes criminal penalties and civil liability for property damage, personal injury or death arising from operation of a motor vehicle in violation of such speed limit; establishes the emergency zone safety education fund.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-06-02 - REPORTED AND COMMITTED TO FINANCE [S01685 Detail]

Download: New_York-2015-S01685-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1685
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2015
                                      ___________
       Introduced  by  Sen.  LIBOUS -- 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, the penal law and the state
         finance law, in relation to enacting the "crash zone safety act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "crash zone safety act".
    3    S 2. The vehicle and traffic law is amended by adding  a  new  section
    4  114-e to read as follows:
    5    S  114-E. EMERGENCY ZONE. THAT DISTANCE ALONG A HIGHWAY EXTENDING FIVE
    6  HUNDRED FEET OF LONGITUDINAL DISTANCE WITH THE FLOW OF TRAFFIC AND VISI-
    7  BILITY FROM THE REAR OF AN AUTHORIZED EMERGENCY VEHICLE, HAZARD  VEHICLE
    8  OR VOLUNTEER FIRST RESPONDER WHICH IS PARKED, STOPPED OR STANDING ON THE
    9  SHOULDER  OR  ANY PORTION OF SUCH HIGHWAY WHILE SUCH VEHICLE OPERATED IN
   10  THE COURSE OF RESPONDING TO AN  EMERGENCY  AND  WHILE  SUCH  VEHICLE  IS
   11  DISPLAYING  ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS PURSUANT
   12  TO THE PROVISIONS OF PARAGRAPH TWO AND SUBPARAGRAPH B OF PARAGRAPH  FOUR
   13  OF  SUBDIVISION  FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
   14  CHAPTER, OR ONE OR MORE AMBER LIGHTS  PURSUANT  TO  PARAGRAPH  THREE  OF
   15  SUBDIVISION  FORTY-ONE  OF  SECTION  THREE  HUNDRED SEVENTY-FIVE OF THIS
   16  CHAPTER, OR A BLUE LIGHT PURSUANT TO SUBPARAGRAPH A OF PARAGRAPH FOUR OF
   17  SUBDIVISION FORTY-ONE OF SECTION  THREE  HUNDRED  SEVENTY-FIVE  OF  THIS
   18  CHAPTER,  OR  A  GREEN  LIGHT  PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION
   19  FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS  CHAPTER,  TO  A
   20  POINT FIVE HUNDRED FEET PAST ANY SUCH VEHICLE, OR FIVE HUNDRED FEET PAST
   21  AN  EMERGENCY ZONE SIGN TO A POINT FIVE HUNDRED FEET PAST ANY SUCH VEHI-
   22  CLE, WHICHEVER SHALL BE A GREATER DISTANCE.
   23    S 3. The vehicle and traffic law is amended by adding  a  new  section
   24  224-b to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07237-01-5
       S. 1685                             2
    1    S  224-B.  ESTABLISHMENT OF THE EMERGENCY ZONE EDUCATION PROGRAM.  THE
    2  COMMISSIONER OF TRANSPORTATION, AFTER CONSULTATION WITH THE  COMMISSION-
    3  ER,  SHALL  PROMULGATE RULES AND REGULATIONS REGARDING THE ESTABLISHMENT
    4  AND IMPLEMENTATION OF AN EMERGENCY ZONE EDUCATION PROGRAM.  THE EMERGEN-
    5  CY  ZONE  EDUCATION  PROGRAM  SHALL  BE  ESTABLISHED  FOR THE PURPOSE OF
    6  PROVIDING EDUCATION, ADVOCACY AND  LAWS  PERTAINING  TO  PROTECTING  THE
    7  SAFETY  OF PERSONS OPERATING MOTOR VEHICLES WITHIN AN EMERGENCY ZONE AND
    8  THE VICTIMS OF EMERGENCIES.   THE PROGRAM  SHALL  PROVIDE  FUNDING  FROM
    9  MONEY  APPROPRIATED  TO  THE  DEPARTMENT  FROM THE EMERGENCY ZONE SAFETY
   10  EDUCATION FUND, AS ESTABLISHED  BY  SECTION  EIGHTY-FIVE  OF  THE  STATE
   11  FINANCE  LAW FOR ACTIVITIES SUCH AS PUBLIC SERVICE ANNOUNCEMENTS, PUBLIC
   12  EDUCATION AND AWARENESS CAMPAIGNS, DISTRIBUTION OF LITERATURE,  AND  ANY
   13  OTHER ACTIVITIES THAT ARE CONSISTENT WITH SUCH PURPOSES.
   14    2.  IT  SHALL  BE  THE  DUTY  OF THE COMMISSIONER OF TRANSPORTATION TO
   15  SUBMIT, ON OR BEFORE APRIL FIRST COMMENCING IN TWO THOUSAND SEVENTEEN, A
   16  BIENNIAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE
   17  AND THE SPEAKER OF THE ASSEMBLY WHICH SHALL INCLUDE AN ASSESSMENT OF THE
   18  EFFECTIVENESS OF THE PROGRAM, RECOMMENDATIONS FOR EXPANDING OR IMPROVING
   19  THE  PROGRAM,  AND ANY PROBLEMS OR OTHER MATTERS RELATED TO THE ADMINIS-
   20  TRATION OF THE PROGRAM.
   21    S 4. Article 11 of the vehicle and traffic law is amended by adding  a
   22  new section 389 to read as follows:
   23    S  389.  OPERATION OF A VEHICLE IN AN EMERGENCY ZONE; CIVIL LIABILITY.
   24  EVERY OWNER OF A MOTOR VEHICLE OPERATED IN THIS STATE AND EVERY OPERATOR
   25  OF SUCH A VEHICLE SHALL BE  JOINTLY  AND  SEVERALLY  LIABLE  FOR  TREBLE
   26  DAMAGES  IN  ANY  CAUSE  OF  ACTION FOR PROPERTY DAMAGE, PERSONAL INJURY
   27  AND/OR WRONGFUL DEATH WHEN SUCH MOTOR VEHICLE WAS OPERATED IN  VIOLATION
   28  OF  SUBDIVISION  (F-1)  OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
   29  AND  THE  DAMAGE,  INJURY  OR  DEATH  WAS  PROXIMATELY  CAUSED  BY  SUCH
   30  VIOLATION.
   31    S  5.  Subdivision 3 of section 502 of the vehicle and traffic law, as
   32  amended by chapter 458 of the laws  of  2011,  is  amended  to  read  as
   33  follows:
   34    3.  Application  for  learner's permit. An application for a learner's
   35  permit shall be included in the application for a license.  A  learner's
   36  permit  shall be issued in such form as the commissioner shall determine
   37  but shall not be issued unless the applicant has successfully passed the
   38  vision test required by this section and the test set forth in paragraph
   39  (a) of subdivision four of this section with respect to laws relating to
   40  traffic and ability to read and comprehend traffic signs and symbols and
   41  has satisfactorily completed any course required pursuant  to  paragraph
   42  (a)  of subdivision four of this section. Upon acceptance of an applica-
   43  tion for a learner's permit the commissioner shall provide the applicant
   44  with a driver's manual which includes but is not  limited  to  the  laws
   45  relating  to  traffic, the laws relating to and physiological effects of
   46  driving while ability impaired and driving while  intoxicated,  the  law
   47  for  exercising  due  care  to avoid colliding with a parked, stopped or
   48  standing authorized emergency vehicle  or  hazard  vehicle  pursuant  to
   49  section eleven hundred forty-four-a of this chapter, THE LAW RELATING TO
   50  THE  SPEED  LIMIT  WITHIN  AN  EMERGENCY ZONE PURSUANT TO SECTION ELEVEN
   51  HUNDRED EIGHTY OF  THIS  CHAPTER,  explanations  of  traffic  signs  and
   52  symbols and such other matters as the commissioner may prescribe.
   53    S 6. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
   54  of the vehicle and traffic law, as amended by chapter 458 of the laws of
   55  2011, is amended to read as follows:
       S. 1685                             3
    1    (i)  Upon  submission  of  an  application for a driver's license, the
    2  applicant shall be required to take and pass a test, or submit  evidence
    3  of  passage of a test, with respect to the laws relating to traffic, the
    4  laws relating to driving while ability is impaired and while  intoxicat-
    5  ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
    6  ty"  awareness as defined by the commissioner, the law relating to exer-
    7  cising due care to avoid colliding with a parked,  stopped  or  standing
    8  authorized emergency vehicle or hazard vehicle pursuant to section elev-
    9  en  hundred  forty-four-a of this chapter, THE LAW RELATING TO THE SPEED
   10  LIMIT WITHIN AN EMERGENCY ZONE PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY
   11  OF THIS CHAPTER, the ability to read and comprehend  traffic  signs  and
   12  symbols and such other matters as the commissioner may prescribe, and to
   13  satisfactorily  complete  a course prescribed by the commissioner of not
   14  less than four hours and not more than five hours, consisting of  class-
   15  room  driver  training  and highway safety instruction or the equivalent
   16  thereof. Such test  shall  include  at  least  seven  written  questions
   17  concerning the effects of consumption of alcohol or drugs on the ability
   18  of  a  person  to  operate  a  motor vehicle and the legal and financial
   19  consequences resulting from violations of section eleven  hundred  nine-
   20  ty-two  of  this  chapter,  prohibiting the operation of a motor vehicle
   21  while under the influence of alcohol or drugs. Such test  shall  include
   22  one  or  more  written  questions  concerning the devastating effects of
   23  "Road Rage" on the ability of a person to operate a  motor  vehicle  and
   24  the  legal and financial consequences resulting from assaulting, threat-
   25  ening or interfering with the lawful conduct of another  person  legally
   26  using  the  roadway.  Such  test  shall  include  one  or more questions
   27  concerning the potential dangers to persons and equipment resulting from
   28  the unsafe operation of a motor vehicle in a work zone.  Such  test  may
   29  include one or more questions concerning the law for exercising due care
   30  to  avoid  colliding with a parked, stopped or standing authorized emer-
   31  gency vehicle or hazard  vehicle  pursuant  to  section  eleven  hundred
   32  forty-four-a  of  this  chapter.  Such test shall be administered by the
   33  commissioner. The commissioner shall  cause  the  applicant  to  take  a
   34  vision  test  and a test for color blindness. Upon passage of the vision
   35  test, the application may be accepted and the application fee  shall  be
   36  payable.
   37    S  7.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
   38  traffic law is amended by adding a new subparagraph (xviii) to  read  as
   39  follows:
   40    (XVIII)  FOR A PERIOD OF SIXTY DAYS WHERE THE HOLDER IS CONVICTED OF A
   41  VIOLATION OF SUBDIVISION (F-1) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS
   42  CHAPTER  WITHIN THIRTY-SIX MONTHS OF A PREVIOUS VIOLATION OF SUCH SUBDI-
   43  VISION.
   44    S 8. Subdivisions (e) and (f) of section 1180 of the vehicle and traf-
   45  fic law, subdivision (e) as amended by chapter 465 of the laws  of  2010
   46  and  subdivision  (f) as amended by chapter 432 of the laws of 1997, are
   47  amended and a new subdivision (f-1) is added to read as follows:
   48    (e) The driver of every vehicle shall, consistent  with  the  require-
   49  ments  of  subdivision  (a)  of  this  section,  drive at an appropriate
   50  reduced speed when approaching and crossing an intersection  or  railway
   51  grade  crossing,  when  approaching  and  going  around  a  curve,  when
   52  approaching a hill crest, [when approaching and passing by an  emergency
   53  situation  involving  any  authorized emergency vehicle which is parked,
   54  stopped or standing on a highway and which is displaying one or more red
   55  or combination red, white, and/or blue lights pursuant to the provisions
   56  of paragraph two and subparagraph b of  paragraph  four  of  subdivision
       S. 1685                             4
    1  forty-one  of  section three hundred seventy-five of this chapter,] when
    2  traveling upon any narrow or  winding  roadway,  and  when  any  special
    3  hazard exists with respect to pedestrians, or other traffic by reason of
    4  weather  or  highway conditions, including, but not limited to a highway
    5  construction or maintenance work area.
    6    (f) Except as provided in [subdivision] SUBDIVISIONS (F-1) AND (g)  of
    7  this section and except when a special hazard exists that requires lower
    8  speed for compliance with subdivision (a) or (e) of this section or when
    9  a  lower maximum speed limit has been established, no person shall drive
   10  a vehicle through a highway construction or maintenance work area  at  a
   11  speed  in  excess of the posted work area speed limit. The agency having
   12  jurisdiction over the affected street or highway may establish work area
   13  speed limits which are less  than  the  normally  posted  speed  limits;
   14  provided,  however, that such normally posted speed limit may exceed the
   15  work area speed limit by  no  more  than  twenty  miles  per  hour;  and
   16  provided  further  that no such work area speed limit may be established
   17  at less than twenty-five miles per hour.
   18    (F-1) NO PERSON SHALL OPERATE A VEHICLE THROUGH AN EMERGENCY ZONE AT A
   19  SPEED IN EXCESS OF TWENTY MILES PER HOUR BELOW THE POSTED SPEED LIMIT OR
   20  IN EXCESS OF TWENTY MILES PER HOUR, WHICHEVER SHALL BE GREATER.
   21    S 9. The opening paragraph and the opening paragraph of paragraph 4 of
   22  subdivision (h) of section 1180 of the  vehicle  and  traffic  law,  the
   23  opening  paragraph as amended by chapter 173 of the laws of 1990 and the
   24  opening paragraph of paragraph 4 as amended by section 7 of  part  C  of
   25  chapter 62 of the laws of 2003, are amended to read as follows:
   26    Upon  a  conviction for a violation of subdivision (b), (c), (d), (f),
   27  (F-1) or (g) of this section, the court  shall  record  the  speed  upon
   28  which  the  conviction was based on the certificate required to be filed
   29  with the commissioner pursuant to section five hundred fourteen of  this
   30  chapter,  or  if  the  conviction  occurs  in an administrative tribunal
   31  established pursuant to article two-A of this chapter,  the  speed  upon
   32  which  the  conviction  was  based  shall be entered in the department's
   33  records.
   34    Every person convicted of a  violation  of  subdivision  (c)  of  this
   35  section  when  such  violation  occurs  in  a school speed zone during a
   36  school day between the hours of seven o'clock A.M. and six o'clock P.M.,
   37  OR A VIOLATION OF SUBDIVISION (F-1) OF THIS SECTION shall be punished as
   38  follows:
   39    S 10. Subdivision (a) of section 1680 of the vehicle and traffic  law,
   40  as  amended  by  chapter  722 of the laws of 2006, is amended to read as
   41  follows:
   42    (a) The department of transportation shall maintain a manual and spec-
   43  ifications for a uniform system of  traffic-control  devices  consistent
   44  with  the  provisions  of this chapter for use upon highways within this
   45  state. Such uniform system shall correlate with and so far as  practica-
   46  ble  conform  to  nationally  accepted standards. To the extent that the
   47  National Manual on Uniform Traffic Control Devices (hereinafter referred
   48  to in this section as MUTCD), promulgated by the Federal Highway  Admin-
   49  istration  pursuant  to subpart F of part 655 of Title 23 of the Code of
   50  Federal Regulations and subject to a public comment period under federal
   51  law, does not conflict with the  provisions  of  this  chapter  and  the
   52  provisions  of other laws of the state, the National MUTCD shall consti-
   53  tute such state manual and specifications; provided, however, such manu-
   54  al and specifications may be modified by the commissioner of transporta-
   55  tion by the adoption of a supplement or supplements as such commissioner
   56  of transportation determines warranted and in compliance with the appli-
       S. 1685                             5
    1  cable provisions of the state administrative procedure act.    PROVIDED,
    2  FURTHER,  THAT  THE COMMISSIONER OF TRANSPORTATION SHALL ESTABLISH SPEC-
    3  IFICATIONS FOR THE FORM, CONSTRUCTION, USE AND  PLACEMENT  OF  EMERGENCY
    4  ZONE  SIGNS,  WHICH  SHALL BE INCLUDED IN THE MANUAL. The manual and its
    5  specifications is adopted as the  state  standard  for  traffic  control
    6  devices  on  any street, highway, or bicycle path open to public travel.
    7  No person shall install or maintain in any area of private property used
    8  by the public any sign, signal, marking  or  other  device  intended  to
    9  regulate, warn or guide traffic unless it conforms with the state manual
   10  and  specifications  maintained  under  this  section.  Unless otherwise
   11  provided for by the adoption of a  supplement  by  the  commissioner  of
   12  transportation,  the operational practices related to emergency incident
   13  responses provided in the manual shall  apply  to  police  officers  and
   14  other  emergency responders responding to an emergency only in so far as
   15  such officers or emergency responders deem compliance  with  the  manual
   16  practicable.
   17    S  11.  The vehicle and traffic law is amended by adding a new section
   18  1809-f to read as follows:
   19    S 1809-F. MANDATORY SURCHARGE FOR VIOLATION OF MAXIMUM SPEED LIMITS IN
   20  EMERGENCY ZONE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  WHENEVER
   21  PROCEEDINGS  IN  AN ADMINISTRATIVE TRIBUNAL OR COURT RESULT IN A FINDING
   22  OF LIABILITY OR CONVICTION FOR  A  VIOLATION  OF  SUBDIVISION  (F-1)  OF
   23  SECTION  ELEVEN  HUNDRED EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A
   24  MANDATORY SURCHARGE IN ADDITION TO ANY OTHER SENTENCE, FINE  OR  PENALTY
   25  OTHERWISE  PERMITTED  OR  REQUIRED,  IN  AN  AMOUNT OF NOT LESS THAN ONE
   26  HUNDRED DOLLARS, NOR MORE THAN TWO HUNDRED FIFTY DOLLARS. SUCH SURCHARGE
   27  SHALL NOT BE DEEMED A MONETARY PENALTY FOR THE PURPOSES OF  SECTION  TWO
   28  HUNDRED  THIRTY-SEVEN  OF THIS CHAPTER OR SECTION 19-203 OF THE ADMINIS-
   29  TRATIVE CODE OF THE CITY OF NEW YORK.
   30    2. THE MANDATORY SURCHARGE PROVIDED FOR IN  SUBDIVISION  ONE  OF  THIS
   31  SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
   32  NAL  THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS
   33  OF THE MONTH NEXT SUCCEEDING  THE  COLLECTION  OF  SUCH  SURCHARGE,  THE
   34  COLLECTING AUTHORITY SHALL PAY SUCH MONEY TO THE STATE COMPTROLLER TO BE
   35  DEPOSITED  IN  THE  EMERGENCY  ZONE SAFETY EDUCATION FUND ESTABLISHED BY
   36  SECTION EIGHTY-FIVE OF THE STATE FINANCE LAW.
   37    S 12. The penal law is amended by adding two new sections  120.63  and
   38  120.65 to read as follows:
   39  S 120.63 VEHICULAR ASSAULT IN AN EMERGENCY ZONE.
   40    A  PERSON  IS GUILTY OF VEHICULAR ASSAULT IN AN EMERGENCY ZONE WHEN HE
   41  OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON, WHILE HE OR  SHE  OPER-
   42  ATES A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (F-1) OF SECTION ELEVEN
   43  HUNDRED  EIGHTY  OF THE VEHICLE AND TRAFFIC LAW, AFTER HAVING PREVIOUSLY
   44  BEEN CONVICTED, WITHIN THE PREVIOUS THREE YEARS, OF A VIOLATION OF  SUCH
   45  SUBDIVISION.
   46    VEHICULAR ASSAULT IN AN EMERGENCY ZONE IS A CLASS B MISDEMEANOR.
   47  S 120.65 AGGRAVATED VEHICULAR ASSAULT IN AN EMERGENCY ZONE.
   48    A  PERSON  IS  GUILTY  OF AGGRAVATED VEHICULAR ASSAULT IN AN EMERGENCY
   49  ZONE WHEN HE OR SHE CAUSES SERIOUS PHYSICAL INJURY  TO  ANOTHER  PERSON,
   50  WHILE  HE  OR  SHE  OPERATES A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION
   51  (F-1) OF SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND  TRAFFIC  LAW,
   52  AFTER HAVING PREVIOUSLY BEEN CONVICTED, WITHIN THE PREVIOUS THREE YEARS,
   53  OF A VIOLATION OF SUCH SUBDIVISION.
   54    AGGRAVATED  VEHICULAR ASSAULT IN AN EMERGENCY ZONE IS A CLASS A MISDE-
   55  MEANOR.
       S. 1685                             6
    1    S 13. The penal law is amended by adding a new section 125.65 to  read
    2  as follows:
    3  S 125.65 VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE.
    4    A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE WHEN
    5  HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON, WHILE HE OR SHE OPERATES A
    6  MOTOR  VEHICLE  IN  VIOLATION  OF  SUBDIVISION  (F-1)  OF SECTION ELEVEN
    7  HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW, AFTER  HAVING  PREVIOUSLY
    8  BEEN  CONVICTED, WITHIN THE PREVIOUS THREE YEARS, OF A VIOLATION OF SUCH
    9  SUBDIVISION.
   10    VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE IS A CLASS E FELONY.
   11    S 14. The penal law is amended by adding a new section 145.28 to  read
   12  as follows:
   13  S 145.28 CRIMINAL MISCHIEF IN AN EMERGENCY ZONE.
   14    A  PERSON  IS GUILTY OF CRIMINAL MISCHIEF IN AN EMERGENCY ZONE WHEN HE
   15  OR SHE CAUSES DAMAGE TO THE PROPERTY OF ANOTHER PERSON, WHILE HE OR  SHE
   16  OPERATES  A  MOTOR  VEHICLE IN VIOLATION OF SUBDIVISION (F-1) OF SECTION
   17  ELEVEN HUNDRED EIGHTY OF THE  VEHICLE  AND  TRAFFIC  LAW,  AFTER  HAVING
   18  PREVIOUSLY  BEEN  CONVICTED,  WITHIN  THE  PREVIOUS  THREE  YEARS,  OF A
   19  VIOLATION OF SUCH SUBDIVISION.
   20    CRIMINAL MISCHIEF IN AN EMERGENCY ZONE IS A VIOLATION.
   21    S 15. The state finance law is amended by adding a new section  85  to
   22  read as follows:
   23    S  85. EMERGENCY ZONE SAFETY EDUCATION FUND. 1. THERE IS HEREBY ESTAB-
   24  LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
   25  ER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO  BE  KNOWN  AS  THE
   26  "EMERGENCY ZONE SAFETY EDUCATION FUND".
   27    2. THE FUNDS SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
   28  ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISIONS OF LAW TO BE
   29  PAID  INTO  OR  CREDITED  TO  SUCH  FUND,  COLLECTED  BY  THE  MANDATORY
   30  SURCHARGES IMPOSED PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  EIGHTEEN
   31  HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC LAW. NOTHING CONTAINED IN THIS
   32  SECTION  SHALL  PREVENT  THE DEPARTMENT OF MOTOR VEHICLES FROM RECEIVING
   33  GRANTS OR OTHER APPROPRIATIONS FOR THE PURPOSES OF THE FUND  AS  DEFINED
   34  IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   35    3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED TO IMPLEMENT
   36  THE  PROVISIONS  OF SECTION TWO HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND
   37  TRAFFIC LAW AND MAY BE USED TO EXECUTE CONTRACTS WITH PRIVATE  ORGANIZA-
   38  TIONS  FOR  SUCH  PURPOSES. SUCH CONTRACTS SHALL BE AWARDED UPON COMPET-
   39  ITIVE BIDS AFTER THE ISSUANCE OF REQUESTS FOR PROPOSALS.
   40    S 16. On or before September 1, 2020, the commissioner of  transporta-
   41  tion  shall  submit a report to the governor, the temporary president of
   42  the senate and the speaker of the assembly detailing and  analyzing  the
   43  effectiveness  of  the provisions of this act in improving the safety at
   44  the scenes of highway emergencies.
   45    S 17. This act shall take effect November 1, 2015; provided,  however,
   46  that effective immediately, the addition, amendment and/or repeal of any
   47  rule  or  regulation necessary for the implementation of this act on its
   48  effective date are authorized and directed to be made and  completed  on
   49  or before such effective date.
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