Senate Bill S596

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 09, 2009	referred to transportation

2009-S596 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§142-a, 1229-e & 1229-f, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S935
2013-2014: S1517

2009-S596 (ACTIVE) - 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.

2009-S596 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S596

 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

 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.

2009-S596 (ACTIVE) - Bill Text download pdf

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

                                   596

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

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.
  S 1229-F. SCHOOL SAFETY ZONES; ESTABLISHMENT OF MAXIMUM  SCHOOL  SPEED
LIMITS.  THE BODY OR OFFICER AUTHORIZED BY THIS TITLE TO ESTABLISH MAXI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02916-01-9

S. 596                              2

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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Senate Bill S596

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S596 (ACTIVE) - Details

2009-S596 (ACTIVE) - Summary

2009-S596 (ACTIVE) - Sponsor Memo

2009-S596 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S596 (ACTIVE) - Details

2009-S596 (ACTIVE) - Summary

2009-S596 (ACTIVE) - Sponsor Memo

2009-S596 (ACTIVE) - Bill Text download pdf

Comments