NY State Senate Bill 2019-S5102

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 08, 2020	referred to transportation
Apr 09, 2019	referred to transportation

2019-S5102 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§1180-d & 1180-e, amd §1809-d, V & T L

2019-S5102 (ACTIVE) - Summary

Provides for penalties for drivers who receive speeding infractions within a designated school zone, as well as specifies reports to be filed if a driver has multiple speeding infractions within a school zone.

2019-S5102 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5102

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to speeding violations within a designated school zone

 
PURPOSE:

To protect children and families coming to and going from schools from
speeding drivers who threaten their lives and safety.

 
SUMMARY OF PROVISIONS:

Section 1 - adds a new § 1180-d that provides that a municipality oper-
ating a school speed camera program shall report to the Commissioner of
Motor Vehicles when an owner is found liable for failure of the operator
thereof to comply with posted maximum speed limits in a school zone
pursuant to V&T sections 1180-b and 1180-c on more than three occasions
within a twelve month period.

Section 1 - also adds a new § 1180-e that provides that the Commission-

er, upon receipt of evidence that an owner of a vehicle has been found
liable for the failure of the operator thereof to comply with the posted
maximum limits in a school zone pursuant to V&T sections 1180-b or
1180-c on more than three occasions within a twelve month period, shall
suspend the registration of such vehicle for six months.

The commissioner, upon determining that the owner has been found liable
more than three times within a twelve month period on two or more occa-
sions within a three year period, shall suspend the registration of the
vehicle for a period of one year.

The section further provides that such vehicle shall not be registered
or reregistered in the name of such person or any other mane where the
Commissioner has reasonable grounds to believe that such registration or
reregistration will have the effect of superseding the purposes of this
article, and no other vehicle shall be registered in the name of such
person during the period of such suspension.

Section 2 - provides that the surcharge imposed on drivers found speed-
ing in highway construction or maintenance work areas in V&T § 1809-d
shall also be imposed upon drivers upon conviction of speeding within
school zones.

 
JUSTIFICATION:

Speed cameras are currently authorized in certain municipalities pursu-
ant to sections 1180-b and 1180-c of the Vehicle and Traffic Law. Unfor-
tunately, the provisions of these laws, which are intended to protect
the lives and safety of children and their families as they go to and
from school, provide for only token penalties of fines of up to $50.
This bill would provide real deterrent to owners who repeatedly allow
their vehicles to be used while speeding within school zones, threaten-
ing lives and safety of children with impunity.

Not related to the liability of owners pursuant to V&T sections 1180-b
and1180-c, but critical to protecting the safety of children and fami-
lies coming to and from school, the bill also imposes the same surcharge
that is in effect for speeding within highway construction or mainte-
nance work zones when a driver is stopped and is subsequently convicted
for speeding within school zones.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. 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.

2019-S5102 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5102
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- 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  speeding
   violations within a designated school zone
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is amended by  adding  two  new
 sections 1180-d and 1180-e to read as follows:
   §  1180-D. SPEEDING VIOLATION REPORT TO BE PROVIDED TO THE COMMISSION-
 ER. ANY MUNICIPALITY THAT HAS ESTABLISHED A DEMONSTRATION PROJECT IMPOS-
 ING MONETARY LIABILITY ON THE OWNER OF A  VEHICLE  FOR  FAILURE  OF  THE
 OPERATOR  THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A SCHOOL
 ZONE PURSUANT TO SECTIONS ELEVEN  HUNDRED  EIGHTY-B  OR  ELEVEN  HUNDRED
 EIGHTY-C  OF  THIS ARTICLE, SHALL FILE A WRITTEN REPORT WITH THE COMMIS-
 SIONER WHEN ANY OWNER HAS BEEN FOUND LIABLE  MORE  THAN  THREE  SEPARATE
 TIMES WITHIN THE PREVIOUS TWELVE MONTHS WITHIN SUCH MUNICIPALITY.
   §  1180-E.  SUSPENSION  OF  REGISTRATIONS.  1.  THE COMMISSIONER, UPON
 RECEIPT OF EVIDENCE THAT AN OWNER OF A VEHICLE HAS BEEN FOUND LIABLE FOR
 THE FAILURE OF THE OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM  SPEED
 LIMITS  IN A SCHOOL ZONE PURSUANT TO SECTIONS ELEVEN HUNDRED EIGHTY-B OR
 ELEVEN HUNDRED EIGHTY-C OF THIS ARTICLE, MORE THAN THREE TIMES WITHIN  A
 TWELVE-MONTH PERIOD SHALL SUSPEND THE REGISTRATION OF SUCH VEHICLE FOR A
 PERIOD OF SIX MONTHS.
   2. THE COMMISSIONER, UPON RECEIPT OF EVIDENCE THAT AN OWNER OF A VEHI-
 CLE  HAS  BEEN  FOUND  LIABLE FOR THE FAILURE OF THE OPERATOR THEREOF TO
 COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A  SCHOOL  ZONE  PURSUANT  TO
 SECTIONS  ELEVEN  HUNDRED  EIGHTY-B  OR  ELEVEN HUNDRED EIGHTY-C OF THIS
 ARTICLE, MORE THAN THREE TIMES WITHIN A TWELVE MONTH PERIOD  ON  TWO  OR
 MORE OCCASIONS WITHIN A THREE-YEAR PERIOD SHALL SUSPEND THE REGISTRATION
 OF SUCH VEHICLE FOR A PERIOD OF ONE YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10971-01-9

 S. 5102                             2
 
   3.  SUCH  MOTOR VEHICLE SHALL NOT BE REGISTERED OR REREGISTERED IN THE
 NAME OF SUCH PERSON, OR IN ANY OTHER NAME  WHERE  THE  COMMISSIONER  HAS
 REASONABLE  GROUNDS  TO BELIEVE THAT SUCH REGISTRATION OR REREGISTRATION
 WILL HAVE THE EFFECT OF SUPERSEDING THE PURPOSES OF THIS ARTICLE, AND NO
 OTHER  MOTOR  VEHICLE  SHALL  BE  REGISTERED  IN THE NAME OF SUCH PERSON
 DURING THE PERIOD OF SUCH SUSPENSION.
   § 2. The section heading and subdivision 1 of section  1809-d  of  the
 vehicle  and  traffic  law, as added by chapter 223 of the laws of 2005,
 are amended to read as follows:
   Mandatory surcharge for violation of maximum speed  limits  in  SCHOOL
 ZONES  AND  highway  construction or maintenance work areas. 1. Notwith-
 standing any other provision of law, whenever proceedings in an adminis-
 trative tribunal or court result in a finding of liability or conviction
 for a violation of SUBDIVISION (C), paragraph two of subdivision (d)  or
 subdivision  (f) of section eleven hundred eighty of this chapter or any
 other statute, local law, ordinance or rule involving the maximum  speed
 limits  in  SCHOOL  ZONES  OR  highway  construction or maintenance work
 areas, there shall be levied a mandatory surcharge in  addition  to  any
 other  sentence, fine or penalty otherwise permitted or required, in the
 amount of fifty dollars. Such surcharge shall not be deemed  a  monetary
 penalty  for  the  purposes  of section two hundred thirty-seven of this
 chapter or section 19-203 of the administrative code of the city of  New
 York.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S5102

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2019-S5102 (ACTIVE) - Details

2019-S5102 (ACTIVE) - Summary

2019-S5102 (ACTIVE) - Sponsor Memo

2019-S5102 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2019-S5102 (ACTIVE) - Details

2019-S5102 (ACTIVE) - Summary

2019-S5102 (ACTIVE) - Sponsor Memo

2019-S5102 (ACTIVE) - Bill Text download pdf

Comments