The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4661
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 and the  education  law,  in
   relation to the illegal passing of school buses and to amend the state
   finance  law,  in  relation  to  establishing  the school bus motorist
   education fund
 
   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 a new
 section 223-a to read as follows:
   § 223-A. SCHOOL  BUS  MOTORIST  EDUCATION  PROGRAM.  THE  COMMISSIONER
 SHALL,  IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, THE
 DEPARTMENTS OF EDUCATION  AND  TRANSPORTATION,  THE  DIVISION  OF  STATE
 POLICE,  AND  THE  STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING
 COUNCIL, DESIGN AND IMPLEMENT A  PUBLIC  EDUCATION  PROGRAM  TO  EDUCATE
 MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
 ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS CHAPTER, TO REDUCE THE NUMBER OF
 SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
   § 2. Subdivision 3 of section 1809 of the vehicle and traffic law,  as
 amended  by  chapter  309  of  the  laws  of 1996, is amended to read as
 follows:
   3. The mandatory surcharge provided for in  subdivision  one  of  this
 section shall be paid to the clerk of the court or administrative tribu-
 nal that rendered the conviction. Within the first ten days of the month
 following collection of the mandatory surcharge the collecting authority
 shall  determine  the amount of mandatory surcharge collected and, if it
 is an administrative tribunal or a town or  village  justice  court,  it
 shall  pay  such  money  to the state comptroller who shall deposit such
 money in the state treasury pursuant to section one  hundred  twenty-one
 of  the  state  finance law to the credit of the general fund; PROVIDED,
 HOWEVER, THAT THE COMPTROLLER SHALL DEPOSIT  SUCH  MONEY  COLLECTED  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09204-01-1

 S. 4661                             2
 
 VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE
 CREDIT OF THE SCHOOL BUS MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO
 SECTION  EIGHTY-NINE-J  OF  THE  STATE  FINANCE  LAW. If such collecting
 authority  is  any  other  court  of the unified court system, it shall,
 within such period, pay such money to the state commissioner of taxation
 and finance to the credit of the criminal  justice  improvement  account
 established  by  section  ninety-seven-bb  of  the  state  finance  law;
 PROVIDED, HOWEVER, THAT THE STATE COMMISSIONER OF TAXATION  AND  FINANCE
 SHALL  DEPOSIT  SUCH  MONEY  COLLECTED  FOR VIOLATIONS OF SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE CREDIT  OF  THE  SCHOOL  BUS
 MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-J OF
 THE  STATE FINANCE LAW.  The crime victim assistance fee provided for in
 subdivision one of this section shall be paid to the clerk of the  court
 or  administrative  tribunal  that  rendered  the conviction. Within the
 first ten days of the month following collection  of  the  crime  victim
 assistance  fee,  the collecting authority shall determine the amount of
 crime victim assistance fee collected and, if it  is  an  administrative
 tribunal  or a town or village justice court, it shall pay such money to
 the state comptroller who shall deposit such money in the state treasury
 pursuant to section one hundred twenty-one of the state finance  law  to
 the  credit  of  the criminal justice improvement account established by
 section ninety-seven-bb of the state finance law.
   § 3. Subdivision 1 of section 3650 of the education law is amended  by
 adding a new paragraph f to read as follows:
   F.  AWARD AND DISTRIBUTE GRANTS, FOLLOWING APPROPRIATION BY THE LEGIS-
 LATURE WHICH APPROPRIATION MAY INCLUDE FUNDS OF THE SCHOOL BUS  MOTORIST
 EDUCATION  FUND  ESTABLISHED  PURSUANT  TO  SECTION EIGHTY-NINE-J OF THE
 STATE FINANCE LAW, FOR THE STUDY OF ISSUES INVOLVING THE ILLEGAL PASSING
 OF STOPPED SCHOOL BUSES, THE DEVELOPMENT  OF  PROPOSALS  TO  REDUCE  THE
 NUMBER  OF MOTORISTS PASSING SCHOOL BUSES IN VIOLATION OF SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THE VEHICLE AND  TRAFFIC  LAW,  AND  TO  PROMOTE
 SCHOOL BUS SAFETY.
   §  4. The state finance law is amended by adding a new section 89-j to
 read as follows:
   § 89-J. THE SCHOOL BUS MOTORIST EDUCATION FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A FUND  KNOWN  AS  THE  SCHOOL  BUS
 MOTORIST EDUCATION FUND.
   2.  SUCH  FUND  SHALL CONSIST OF MONIES RECEIVED BY THE STATE FROM ANY
 COURT OF THE UNIFIED COURT SYSTEM PURSUANT TO SECTION  EIGHTEEN  HUNDRED
 NINE  OF  THE  VEHICLE  AND TRAFFIC LAW FOR VIOLATIONS OF SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF SUCH LAW, AND ALL  OTHER  FINES,  FEES,  GRANTS,
 BEQUESTS  OR  OTHER MONIES CREDITED, APPROPRIATED OR TRANSFERRED THERETO
 FROM ANY OTHER FUND OR SOURCE.
   3. (A) FIFTY PERCENT OF THE MONIES OF THE  FUND,  FOLLOWING  APPROPRI-
 ATION  BY  THE LEGISLATURE, SHALL BE MADE AVAILABLE TO THE STATE COMPRE-
 HENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL FOR THE STUDY  OF  THE
 ILLEGAL  PASSING  OF STOPPED SCHOOL BUSES BY MOTORISTS, AND THE DEVELOP-
 MENT OF PROPOSALS TO REDUCE THE NUMBER OF MOTORISTS PASSING SCHOOL BUSES
 IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE  VEHICLE  AND
 TRAFFIC LAW.
   (B)  THE  REMAINING  FIFTY PERCENT OF THE MONIES OF SUCH FUND SHALL BE
 MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR  THE  DESIGN  AND
 IMPLEMENTATION,  IN  CONJUNCTION  WITH  THE  GOVERNOR'S  TRAFFIC  SAFETY
 COMMITTEE, THE DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION
 OF STATE POLICE, AND THE STATE COMPREHENSIVE SCHOOL  BUS  DRIVER  SAFETY

 S. 4661                             3
 
 TRAINING  COUNCIL,  OF  A  PUBLIC  EDUCATION  PROGRAM TO FURTHER EDUCATE
 MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
 ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC  LAW,  TO  REDUCE
 THE NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
   4.  THE MONIES OF THE FUND MADE AVAILABLE PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION THREE OF THIS SECTION SHALL BE PAID OUT  ON  THE  AUDIT  AND
 WARRANT  OF  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE
 COMMISSIONER OF EDUCATION. THE MONIES OF THE FUND MADE AVAILABLE  PURSU-
 ANT  TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION SHALL BE PAID
 OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND
 CERTIFIED BY THE COMMISSIONER OF MOTOR VEHICLES. AT THE END OF EACH YEAR
 ANY MONIES REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL
 NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME EARNED ON  MONEY
 IN  THE  FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED
 TO THE FUND.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.