NY State Senate Bill 2019-S4331

Senate Bill S4331

Signed By Governor

2019-2020 Legislative Session

Relates to photo speed violation monitoring systems program for school speed zones in the city of New York

download bill text pdf

Archive: Last Bill Status Via A6449 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2019	signed chap.30
May 10, 2019	delivered to governor
Mar 19, 2019	returned to assembly passed senate 3rd reading cal.237 substituted for s4331
Mar 19, 2019	substituted by a6449
Mar 13, 2019	advanced to third reading
Mar 12, 2019	2nd report cal.
Mar 11, 2019	1st report cal.237
Mar 07, 2019	referred to transportation

Votes

- Mar 19, 2019 - Floor Vote
  A6449
  
  43
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 19, 2019
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Ortt
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
      
      excused (1)
      
      O'Mara
  Mar 11, 2019 - Transportation Committee Vote
  S4331
  
  10
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Mar 11, 2019
      
      aye (10)
      
      Benjamin
      
      Carlucci
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Persaud
      
      Ramos
      
      Sepúlveda
      
      Skoufis
      
      nay (1)
      
      Ranzenhofer
      
      aye wr (3)
      
      Gallivan
      
      O'Mara
      
      Robach

co-Sponsors

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2019-S4331 (ACTIVE) - Details

See Assembly Version of this Bill:: A6449
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §12, Chap 43 of 2014; amd §15, Chap 189 of 2013

2019-S4331 (ACTIVE) - Summary

Reduces the limitations on the number of schools in the city of New York at which photo speed violation monitoring systems may be utilized and the times during which they may be operated; requires such city to install signs giving notice of the use of such a system; and extends the expiration of such program until July 1, 2022.

2019-S4331 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4331

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to photo speed violation monitoring systems in school speed
zones in the city of New York; to amend chapter 43 of the laws of 2014,
amending the vehicle and traffic law, the public officers law and the
general municipal law relating to photo speed violation monitoring
systems in school speed zones in the city of New York, in relation to
making technical corrections thereto; and to amend chapter 189 of the
laws of 2013, amending the vehicle and traffic law and the public offi-
cers law relating to establishing in a city with a population of one
million or more a demonstration program implementing speed violation
monitoring systems in school speed zones by means of photo devices, in
relation to the effectiveness thereof

 
PURPOSE:

Expands the photo speed violation monitoring systems program for school
speed zones in the city of New York

SUMMARY OF PROVISIONS:

Section 1 amends paragraph 1 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as amended by chapter 43 of the laws of 2014 to
expand the use of speed cameras to 750 school zones within the City of
New York weekdays between 6am10pm .

Section 2 amends paragraph 2 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013, by
mandating that the City shall install signs giving notice that a speed
camera is in use.

Section 3 amends paragraph 4 of subdivision (c) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013, by
defining a "school speed zone" as being a radial distance not to exceed
one thousand three hundred twenty feet from a school building, entrance
or exit.

Section 4 sets forth an annual reporting requirement.

Section 5 amends the opening paragraph of section 12 of chapter 43 of
the laws of 2014, amending the vehicle and traffic law, the public offi-
cers law and the general municipal law by making technical amendments
regarding the expiration of sections one through ten of this act.

Section 6 makes technical amendments relative to the new sunset date of
July 1, 2022.

Section 7 revives and deems to have been in full force in effect para-
graph 1 of subdivision (a) of section 11-80-b of the vehicle and traffic
law, as amended by section one of this action and after July 25, 2018

Section 8 establishes a 60 day effective date, provided that amendments
to section 1180-b of the vehicle and traffic law made by sections one,
two, three, and four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

 
JUSTIFICATION:
Speeding motorists continue to put schoolchildren in unnecessary danger
in New York City. The New York City Department of Transportation reports
that the risk of pedestrian death from being struck by a speeding vehi-
cle increases from 5% at a speed of 20 miles per hour to 45% at a speed
of 30 miles per hour, a 900% increase.

Chapter 189 of the Laws of 2013 established a five year demonstration
program to allow a small amount of speed safety cameras to be used near
schools in New York City at certain hours of the day. The data from this
demonstration program speaks for itself. The New York City Department of
Transportation reports that there has been a 60% drop in speeding
infractions in locations where speed safety cameras have been installed.

Furthermore, speed safety cameras were able to issue over 1 million
infractions to motorists who were speeding near schools. Currently, only
7% of New York City school children go to a school with a speed safety
camera nearby. It is time to expand this program so that more schools
can benefit from the enhanced safety that is associated with having
speed safety cameras nearby.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: Similar to S.6046-C - Referred to Cities

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law; provided that the amendments to section 1180-b of the
vehicle and traffic law made by sections one, two, three, and four of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

2019-S4331 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4331
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  ADDABBO,  BAILEY,  BENJAMIN,  BIAGGI,
   COMRIE, GIANARIS, HOYLMAN, JACKSON, KAVANAGH, KRUEGER,  LIU,  MONTGOM-
   ERY,  MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO,
   SEPULVEDA, SERRANO, STAVISKY -- 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 photo speed
   violation monitoring systems in school speed zones in the city of  New
   York;  to  amend  chapter 43 of the laws of 2014, amending the vehicle
   and traffic law, the public officers law and the general municipal law
   relating to photo speed violation monitoring systems in  school  speed
   zones  in  the  city  of  New  York,  in  relation to making technical
   corrections thereto; and to amend chapter 189 of  the  laws  of  2013,
   amending  the  vehicle  and  traffic  law  and the public officers law
   relating to establishing in a city with a population of one million or
   more a demonstration program implementing speed  violation  monitoring
   systems  in  school speed zones by means of photo devices, in relation
   to the effectiveness thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of subdivision (a) of section 1180-b of the
 vehicle and traffic law, as amended by chapter 43 of the laws  of  2014,
 is amended to read as follows:
   1. Notwithstanding any other provision of law, the city of New York is
 hereby authorized to establish a demonstration program imposing monetary
 liability  on  the owner of a vehicle for failure of an operator thereof
 to comply with posted maximum speed limits in a school speed zone within
 [the] SUCH city (i) when a school speed limit is in effect  as  provided
 in  paragraphs  one and two of subdivision (c) of section eleven hundred
 eighty of this article or (ii) when other speed limits are in effect  as
 provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
 eighty of this article [during the following times: (A) on  school  days

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

                                                            LBD10532-02-9

 S. 4331                             2

 during  school  hours  and one hour before and one hour after the school
 day, and (B) a period during student activities at the school and up  to
 thirty  minutes  immediately before and up to thirty minutes immediately
 after such student activities] WEEKDAYS BETWEEN THE HOURS OF SIX O'CLOCK
 A.M.  AND TEN O'CLOCK P.M.  Such demonstration program shall empower the
 city OF NEW YORK to install photo  speed  violation  monitoring  systems
 within no more than [one hundred forty] SEVEN HUNDRED FIFTY school speed
 zones within [the] SUCH city at any one time and to operate such systems
 within  such  zones  (iii)  when  a  school  speed limit is in effect as
 provided in paragraphs one and two of subdivision (c) of section  eleven
 hundred  eighty  of  this article or (iv) when other speed limits are in
 effect as provided in subdivision (b), (d), (f) or (g) of section eleven
 hundred eighty of this article  [during  the  following  times:  (A)  on
 school  days  during school hours and one hour before and one hour after
 the school day, and (B) a period during student activities at the school
 and up to thirty minutes immediately before and  up  to  thirty  minutes
 immediately after such student activities] WEEKDAYS BETWEEN THE HOURS OF
 SIX  O'CLOCK  A.M. AND TEN O'CLOCK P.M. In selecting a school speed zone
 in which to install and  operate  a  photo  speed  violation  monitoring
 system,  the city OF NEW YORK shall consider criteria including, but not
 limited to, the speed data, crash  history,  and  the  roadway  geometry
 applicable  to  such  school  speed zone. SUCH CITY SHALL PRIORITIZE THE
 PLACEMENT OF PHOTO SPEED VIOLATION MONITORING SYSTEMS  IN  SCHOOL  SPEED
 ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
 A  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL NOT BE INSTALLED OR
 OPERATED ON A  CONTROLLED-ACCESS  HIGHWAY  EXIT  RAMP  OR  WITHIN  THREE
 HUNDRED  FEET  ALONG  A  HIGHWAY  THAT CONTINUES FROM THE END OF A CONT-
 ROLLED-ACCESS HIGHWAY EXIT RAMP.
   § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   2.  No  photo  speed  violation  monitoring  system shall be used in a
 school speed zone unless (i) on the day it is to be used it has success-
 fully passed a self-test of its functions; and (ii) it has undergone  an
 annual  calibration  check  performed pursuant to paragraph four of this
 subdivision. The  city  [may]  SHALL  install  signs  giving  notice  TO
 APPROACHING  MOTOR  VEHICLE OPERATORS that a photo speed violation moni-
 toring system is in use [to be mounted on advance warning signs  notify-
 ing motor vehicle operators of such upcoming school speed zone and/or on
 speed limit signs applicable within such school speed zone], in conform-
 ance with standards established in the MUTCD.
   §  3.  Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
 and traffic law, as added by chapter 189 of the laws of 2013, is amended
 to read as follows:
   4. "school speed zone" shall mean a RADIAL distance not to exceed  one
 thousand  three hundred twenty feet [on a highway passing] FROM a school
 building, entrance, or exit [of a school abutting on the highway].
   § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
 as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
 follows:
   (n) If the city adopts a demonstration program pursuant to subdivision
 [one]  (A)  of  this  section it shall conduct a study and submit [a] AN
 ANNUAL report on the results of the use of photo devices to  the  gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY AND ON THE SAME DATE IN

 S. 4331                             3
 
 EACH  SUCCEEDING  YEAR  IN  WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.
 Such report shall include:
   1. the locations where and dates when photo speed violation monitoring
 systems were used;
   2.  the  aggregate  number,  type and severity of crashes, fatalities,
 injuries and property damage reported  within  all  school  speed  zones
 within  the  city,  to  the  extent the information is maintained by the
 department of motor vehicles of this state;
   3. the aggregate number, type and  severity  of  crashes,  fatalities,
 injuries  and  property  damage reported within school speed zones where
 photo speed violation monitoring systems were used, to  the  extent  the
 information  is  maintained  by the department of motor vehicles of this
 state;
   4. the number of violations recorded within  all  school  speed  zones
 within the city, in the aggregate on a daily, weekly and monthly basis;
   5.  the  number  of  violations recorded within each school speed zone
 where a photo speed violation monitoring system is used, in  the  aggre-
 gate on a daily, weekly and monthly basis;
   6.  the  number  of  violations recorded within all school speed zones
 within the city that were:
   (i) more than ten but not more than twenty miles  per  hour  over  the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   7.  the  number  of  violations recorded within each school speed zone
 where a photo speed violation monitoring system is used that were:
   (i) more than ten but not more than twenty miles  per  hour  over  the
 posted speed limit;
   (ii) more than twenty but not more than thirty miles per hour over the
 posted speed limit;
   (iii) more than thirty but not more than forty miles per hour over the
 posted speed limit; and
   (iv) more than forty miles per hour over the posted speed limit;
   8.  the  total  number  of  notices of liability issued for violations
 recorded by such systems;
   9. the number of fines and total amount of fines paid after the  first
 notice of liability issued for violations recorded by such systems;
   10. the number of violations adjudicated and the results of such adju-
 dications  including  breakdowns  of  dispositions  made  for violations
 recorded by such systems;
   11. the total amount of revenue realized by  the  city  in  connection
 with the program;
   12.  the expenses incurred by the city in connection with the program;
 [and]
   13. the quality of the adjudication process and its results;
   14. THE TOTAL AMOUNT OF REVENUE EXPENDED  ON  TRAFFIC  AND  PEDESTRIAN
 SAFETY WITHIN THE CITY OF NEW YORK; AND
   15.  THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
 PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
 CRASHES.
   § 5. The opening paragraph of section 12 of chapter 43 of the laws  of
 2014,  amending the vehicle and traffic law, the public officers law and
 the general municipal law relating to photo speed  violation  monitoring

 S. 4331                             4
 
 systems  in  school  speed  zones in the city of New York, is amended to
 read as follows:
   This  act  shall  take effect on the thirtieth day after it shall have
 become a law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF  THIS  ACT
 shall  expire  4 years after such effective date when upon such date the
 provisions of SUCH SECTIONS OF this act shall be  deemed  repealed;  and
 provided further that any rules necessary for the implementation of this
 act  on its effective date shall be promulgated on or before such effec-
 tive date, provided that:
   § 6. The opening paragraph of section 15 of chapter 189 of the laws of
 2013, amending the vehicle and traffic law and the public  officers  law
 relating  to  establishing in a city with a population of one million or
 more a demonstration program  implementing  speed  violation  monitoring
 systems  in  school speed zones by means of photo devices, is amended to
 read as follows:
   This act shall take effect on the thirtieth day after  it  shall  have
 become  a  law  and shall expire [5 years after such effective date when
 upon such date the provisions of this act shall] AND be deemed  repealed
 JULY  1,  2022;  and  provided  further that any rules necessary for the
 implementation of this act on its effective date shall be promulgated on
 or before such effective date, provided that:
   § 7. Notwithstanding the  provisions  of  article  5  of  the  general
 construction law, the provisions of:
   (a)  paragraph  1  of subdivision (a) of section 1180-b of the vehicle
 and traffic law, as amended by  section  one  of  this  act,  is  hereby
 revived and shall be deemed to have been in full force and effect on and
 after July 25, 2018; and
   (b)  section  1180-b  of  the  vehicle  and traffic law, as amended by
 sections two, three and four of this act, is hereby revived and shall be
 deemed to have been in full force and effect on  and  after  August  30,
 2018.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that the amendments to section 1180-b of the
 vehicle and traffic law made by sections one, two, three,  and  four  of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith.

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