Assembly Bill A8623B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8623
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  increasing
   and  modifying  the penalties associated with passing a stopped school
   bus by certain vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (c) of section 1174 of the vehicle and traffic
 law, as amended by chapter 254 of the laws of 2002, is amended  to  read
 as follows:
   (c)  Every  person convicted of a violation of subdivision (a) of this
 section shall: for a first conviction thereof, be punished by a fine  of
 not  less  than  two  hundred  fifty  dollars nor more than four hundred
 dollars or by imprisonment for not more than thirty days or by both such
 fine and imprisonment; for a conviction of a second violation,  both  of
 which  were  committed within a period of three years, such person shall
 be punished by a fine of not less than six hundred dollars nor more than
 seven hundred fifty dollars or by imprisonment for  not  more  than  one
 hundred  eighty  days  or  by  both  such  fine and imprisonment; upon a
 conviction of a third or subsequent violation, all of which were commit-
 ted within a period of three years, such person shall be punished  by  a
 fine  of  not  less  than  seven hundred fifty dollars nor more than one
 thousand dollars or by imprisonment for not more than one hundred eighty
 days or by both such fine and imprisonment.  THE PRESCRIBED MINIMUM  AND
 MAXIMUM  VALUES FOR FINES UNDER THIS SUBDIVISION SHALL BE DOUBLED IF THE
 OFFENSE WAS COMMITTED WHILE DRIVING A MOTOR VEHICLE  OR  COMBINATION  OF
 VEHICLES DESIGNED OR USED TO TRANSPORT PROPERTY OR PASSENGERS:
   1. WHICH HAS A GVWR OF MORE THAN TWENTY-SIX THOUSAND POUNDS;
   2. WHICH HAS A GCWR OF MORE THAN TWENTY-SIX THOUSAND POUNDS, INCLUDING
 ANY TOWED UNIT WITH A GVWR OF MORE THAN TEN THOUSAND POUNDS;
   3. TOTALING AT LEAST FIFTEEN INDIVIDUALS, IN ADDITION TO THE DRIVER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11440-01-7

 A. 8623                             2
 
   4.  DEFINED AS A BUS IN SUBDIVISION ONE OF SECTION FIVE HUNDRED NINE-A
 OF THIS CHAPTER; OR
   5.  OF ANY SIZE, OTHER THAN A FARM VEHICLE OPERATED WITHIN ONE HUNDRED
 FIFTY MILES OF THE OPERATOR'S FARM, USED IN THE TRANSPORTATION OF  MATE-
 RIALS  FOUND  BY  THE  UNITED  STATES  SECRETARY OF TRANSPORTATION TO BE
 HAZARDOUS UNDER THE HAZARDOUS MATERIALS  TRANSPORTATION  ACT  AND  WHICH
 REQUIRES  THE  MOTOR VEHICLE TRANSPORTING SUCH MATERIALS TO BE PLACARDED
 UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F  OR
 IS  TRANSPORTING  ANY QUANTITY OF A MATERIAL LISTED AS A SELECT AGENT OR
 TOXIN IN 42 CFR PART 73.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8623--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced by M. of A. FAHY, SEPULVEDA, D'URSO -- read once and referred
   to  the Committee on Transportation -- recommitted to the Committee on
   Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the vehicle and traffic law, in relation  to  increasing
   the  fines  associated  with  passing  a stopped school bus by certain
   vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (c) of section 1174 of the vehicle and traffic
 law, as amended by chapter 254 of the laws of 2002, is amended  to  read
 as follows:
   (c)  [Every]  1. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH TWO OF THIS
 SUBDIVISION, EVERY person convicted of a violation of subdivision (a) of
 this section shall: for a first conviction thereof,  be  punished  by  a
 fine  of  not  less  than  two  hundred fifty dollars nor more than four
 hundred dollars or by imprisonment for not more than thirty days  or  by
 both such fine and imprisonment; for a conviction of a second violation,
 both of which were committed within a period of three years, such person
 shall  be  punished  by  a fine of not less than six hundred dollars nor
 more than seven hundred fifty dollars or by imprisonment  for  not  more
 than one hundred eighty days or by both such fine and imprisonment; upon
 a  conviction  of  a  third  or  subsequent violation, all of which were
 committed within a period of three years, such person shall be  punished
 by a fine of not less than seven hundred fifty dollars nor more than one
 thousand dollars or by imprisonment for not more than one hundred eighty
 days or by both such fine and imprisonment.
   2.  EVERY  PERSON  CONVICTED OF A VIOLATION OF SUBDIVISION (A) OF THIS
 SECTION WHILE OPERATING A COMMERCIAL MOTOR VEHICLE SHALL:  FOR  A  FIRST
 CONVICTION  THEREOF, BE PUNISHED BY A FINE OF NOT LESS THAN FIVE HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11440-02-8

 A. 8623--A                          2
 
 DOLLARS NOR MORE THAN EIGHT HUNDRED DOLLARS OR BY IMPRISONMENT  FOR  NOT
 MORE  THAN  THIRTY  DAYS  OR  BY  BOTH SUCH FINE AND IMPRISONMENT; FOR A
 CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN  A
 PERIOD  OF  THREE  YEARS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT
 LESS THAN TWELVE HUNDRED DOLLARS NOR MORE THAN FIFTEEN  HUNDRED  DOLLARS
 OR  BY IMPRISONMENT FOR NOT MORE THAN ONE HUNDRED EIGHTY DAYS OR BY BOTH
 SUCH FINE AND IMPRISONMENT; UPON A CONVICTION OF A THIRD  OR  SUBSEQUENT
 VIOLATION,  ALL  OF WHICH WERE COMMITTED WITHIN A PERIOD OF THREE YEARS,
 SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FIFTEEN HUNDRED
 DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS OR BY  IMPRISONMENT  FOR  NOT
 MORE THAN ONE HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
 FOR  PURPOSES  OF  THIS  PARAGRAPH,  THE TERM "COMMERCIAL MOTOR VEHICLE"
 SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SUBDIVISION  FOUR
 OF SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
   § 2. This act shall take effect on the first of November next succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, 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.