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BILL NUMBER:S935A

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.

Text

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 SCHOOL

 EXPLANATION--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.