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.
Ayes (32): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Dilan, Gianaris, Montgomery, Oppenheimer, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (1): Duane
Nays (1): Parker
Excused (1): Krueger
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to establishing the school safety zone act
PURPOSE: This legislation 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. (3) For one year following the effective date, 50% of the State's increased fine revenue will remain with the locality to pay for the required signage. Section 1229-f requires that the body or officer authorized to establish maximum school speed limits must consult with (1)(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 2007-08: Passed Senate; S.596 of 2009-10: Senate Transportation Committee
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.
STATE OF NEW YORK ________________________________________________________________________ 935--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 SCHOOLEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04928-03-2 S. 935--A 2
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. 3. FOR ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, FIFTY PERCENT OF THE INCREASED FINE REVENUE GENERATED PURSUANT TO THIS SECTION SHALL BE RETAINED, DEDICATED OR REMITTED TO THE GOVERNING BODY OF EACH CITY, TOWN OR VILLAGE TO PAY FOR THE SIGNAGE REQUIRED PURSUANT TO SUBDI- VISION TWO OF THIS SECTION. SUCH FIFTY PERCENT SHALL BE TAKEN OUT OF THE INCREASED FINE REVENUE TO BE REMITTED TO THE STATE. S 1229-F. SCHOOL SAFETY ZONES; ESTABLISHMENT OF MAXIMUM SCHOOL SPEED LIMITS. THE BODY OR OFFICER AUTHORIZED BY THIS TITLE TO ESTABLISH MAXI- 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.