senate Bill S935

Amended

Provides for doubling the fine for a moving violation occurring within a quarter mile radius of a primary or secondary school or 200 yards of a school in N.Y. city

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 24 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2011
    • REPORTED AND COMMITTED TO RULES
  • 13 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1184
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 18 / Apr / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 23 / May / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 23 / May / 2012
    • PRINT NUMBER 935A
  • 12 / Jun / 2012
    • REPORTED AND COMMITTED TO RULES

Summary

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.

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Bill Details

Versions:
S935
S935A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยงยง142-a, 1229-e & 1229-f, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S596

Sponsor Memo

BILL NUMBER:S935

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to
establishing the school safety zone act

PURPOSE:
This legislations defines a "safety
zone" as the area or space included within a half mile radius of a
public school or 200 yards of a school in New York City, and requires
localities having jurisdiction over a school safety zone to double the
fine imposed on a person who commits a moving traffic violation within
said zone.

SUMMARY OF PROVISIONS:
Amends the vehicle
and traffic law by adding a new section 142-a, 1229-e, and 1229-f.
Section 142-a defines a school safety zone as the area or space included
within a half mile radius of a primary or secondary school except in
cities comprising more than one county where such zone will be two
hundred yards.
Section 1229-e requires: (1) all fines for moving violations in said
zones be doubled during posted school hours and incorporates all towns
and cities in New York state to this law. (2) the governing body of any
town city or village and local community board of any city obtain the
school hours of every building in a school safety zone within their
jurisdictions, and incorporate such hours in the signs posted to
designate school safety zones.
Section 1229-f requires that the body or officer authorized to establish
maximum school speed limits must consult with (I)(a) the governing body
of the city, town, or village, or (b) local community board of any city
comprising more than one county; (2) the law enforcement agency having
jurisdiction over such school safety zone; provided that if any school
safety zone is subject to the jurisdiction of any body or officer
authorized to establish maximum school speed limits and such body has
its own law enforcement agency, such agency shall be first in order of
preference for consultation with respect to school safety zones.

JUSTIFICATION:
In 2002 motor vehicle crashes were the
leading killer of children. Increased fines act as an effective
deterrent to potential violators near schools, and decrease senseless
tragedies. The revenue generated will also aid our state in covering the
costs of emergency services, traffic precautions, and any other public
services related to the protection and care of children involved in
vehicle related accidents.
Young children are especially at risk in school zones due to their
underdeveloped motor skills, coordination, sensory stimulation, and
balance. With the high concentration of such children in and around
public schools, our state needs to take necessary steps to deter
potential traffic violations in school safety zones.
Doubling traffic fines in school safety zones will deter traffic
violations near schools and create a safer environment.

LEGISLATIVE HISTORY:


S.5634 of 2006: Passed Senate; S.613 of 2007/2008: Passed Senate;
S.596 of 2009/2010: Senate Transportation Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the
first of November next succeeding the date on which it shall have become
a law; provided that any and all rules and regulations and any other
measures necessary to implement any provision of this act on its
effective date may be promulgated and taken, respectively, on or before
the effective date of such provision.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   935

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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, 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:

  Section  1.  This  act  shall be known and may be cited as the "school
safety zone act".
  S 2. The vehicle and traffic law is amended by adding  a  new  section
142-a to read as follows:
  S  142-A. SCHOOL SAFETY ZONE. THE AREA OR SPACE INCLUDED WITHIN A ONE-
QUARTER MILE RADIUS OF A PRIMARY OR SECONDARY  SCHOOL;  EXCEPT  THAT  IN
CITIES COMPRISING MORE THAN ONE COUNTY, SUCH RADIUS SHALL BE TWO HUNDRED
YARDS.
  S 3. The vehicle and traffic law is amended by adding two new sections
1229-e and 1229-f to read as follows:
  S  1229-E.  FINES  DOUBLED WITHIN SCHOOL SAFETY ZONE. 1. THE OTHERWISE
APPLICABLE FINE OR RANGE OF FINES FOR THE COMMISSION OF A MOVING TRAFFIC
VIOLATION PROHIBITED UNDER ANY PROVISION OF THIS TITLE WITHIN  A  SCHOOL
SAFETY ZONE, AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO-A OF THIS CHAP-
TER, DURING POSTED SCHOOL HOURS SHALL BE DOUBLED.
  2.  THE  (A) GOVERNING BODY OF THE CITY, TOWN, OR VILLAGE IN WHICH ANY
SCHOOL SAFETY ZONE IS LOCATED IN EVERY COUNTY NOT WHOLLY CONTAINED WITH-
IN A CITY AND (B) LOCAL COMMUNITY BOARD OF ANY CITY COMPRISING MORE THAN
ONE COUNTY SHALL OBTAIN FROM THE  SCHOOL  AUTHORITIES  OF  EVERY  SCHOOL
BUILDING  IN  A SCHOOL SAFETY ZONE WITHIN THEIR RESPECTIVE JURISDICTIONS
THE SCHOOL HOURS OF EACH SUCH  SCHOOL  BUILDING.  SUCH  HOURS  SHALL  BE
INCORPORATED  INTO  THE SIGNS POSTED AS REQUIRED BY LAW AND PRESCRIPTION
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.
                                                           LBD04928-01-1

S. 935                              2

  S 1229-F. SCHOOL SAFETY ZONES; ESTABLISHMENT OF MAXIMUM  SCHOOL  SPEED
LIMITS.  THE BODY OR OFFICER AUTHORIZED BY THIS TITLE TO ESTABLISH MAXI-
MUM SCHOOL SPEED LIMITS SHALL ESTABLISH SUCH MAXIMUM SCHOOL SPEED LIMITS
WITHIN ALL SCHOOL SAFETY ZONES AND SHALL DO SO IN CONSULTATION WITH THE:
(1)  (A)  GOVERNING  BODY  OF  THE  CITY, TOWN, OR VILLAGE IN WHICH SUCH
SCHOOL SAFETY ZONE IS LOCATED IN EVERY COUNTY NOT WHOLLY CONTAINED WITH-
IN A CITY, UNLESS SUCH BODY OR OFFICER SO AUTHORIZED BE  SUCH  GOVERNING
BODY,  OR (B) LOCAL COMMUNITY BOARD OF ANY CITY COMPRISING MORE THAN ONE
COUNTY; AND (2) THE POLICE DEPARTMENT, FORCE, OR AGENCY HAVING JURISDIC-
TION OVER SUCH SCHOOL SAFETY ZONE, IN THE FOLLOWING ORDER OF PREFERENCE:
(A) CITY, TOWN, OR VILLAGE POLICE, (B) COUNTY SHERIFF OR POLICE, AND (C)
STATE POLICE; PROVIDED THAT IF ANY SCHOOL SAFETY ZONE IS SUBJECT TO  THE
JURISDICTION  OF  ANY  BODY  OR  OFFICER AUTHORIZED TO ESTABLISH MAXIMUM
SCHOOL SPEED LIMITS PURSUANT TO SECTION SIXTEEN HUNDRED THIRTY  OF  THIS
CHAPTER  AND  SUCH BODY OR OFFICER HAS ITS OWN POLICE DEPARTMENT, FORCE,
OR AGENCY, SUCH POLICE DEPARTMENT, FORCE, OR AGENCY SHALL  BE  FIRST  IN
ORDER OF PREFERENCE FOR CONSULTATION WITH RESPECT TO SCHOOL SAFETY ZONES
SUBJECT TO THE JURISDICTION OF SUCH BODY OR OFFICER.
  S 4. The commissioner of transportation, or his or her designee, shall
prescribe  the  appropriate  type  of  signage,  which shall include the
language, "school safety zone fines doubled during school hours",  state
the  applicable school hours, and be conspicuously posted and maintained
by the city, town, or village wherein the school safety zone is located.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided that any  and
all  rules and regulations and any other measures necessary to implement
any provision of this act on its effective date may be  promulgated  and
taken, respectively, on or before the effective date of such provision.

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