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S01239 Summary:

BILL NO    S01239 

SAME AS    SAME AS A00458

SPONSOR    PARKER

COSPNSR    AVELLA

MLTSPNSR   

Add S223-a, amd S1809, V & T L; amd S3650, Ed L; add S89-i, St Fin L

Provides for the transfer of a portion of fines issued for illegally passing a
school bus to the comprehensive school bus driver safety training program for
the study and promotion of issues involving school bus safety; establishes a
school bus motorist education fund.
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S01239 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1239

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                    January 9, 2015
                                      ___________

       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:

    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 223-a to read as follows:
    3    S 223-A. SCHOOL  BUS  MOTORIST  EDUCATION  PROGRAM.  THE  COMMISSIONER
    4  SHALL,  IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, THE
    5  DEPARTMENTS OF EDUCATION  AND  TRANSPORTATION,  THE  DIVISION  OF  STATE
    6  POLICE,  AND  THE  STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING
    7  COUNCIL, DESIGN AND IMPLEMENT A  PUBLIC  EDUCATION  PROGRAM  TO  EDUCATE
    8  MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
    9  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS CHAPTER, TO REDUCE THE NUMBER OF
   10  SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
   11    S 2. Subdivision 3 of section 1809 of the vehicle and traffic law,  as
   12  amended  by  chapter  309  of  the  laws  of 1996, is amended to read as
   13  follows:
   14    3. The mandatory surcharge provided for in  subdivision  one  of  this
   15  section shall be paid to the clerk of the court or administrative tribu-
   16  nal that rendered the conviction. Within the first ten days of the month
   17  following collection of the mandatory surcharge the collecting authority
   18  shall  determine  the amount of mandatory surcharge collected and, if it
   19  is an administrative tribunal or a town or  village  justice  court,  it
   20  shall  pay  such  money  to the state comptroller who shall deposit such
   21  money in the state treasury pursuant to section one  hundred  twenty-one
   22  of  the  state  finance law to the credit of the general fund; PROVIDED,
   23  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.
                                                                  LBD02432-01-5
       S. 1239                             2

    1  VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE
    2  CREDIT OF THE SCHOOL BUS MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO
    3  SECTION  EIGHTY-NINE-I  OF  THE  STATE  FINANCE  LAW. If such collecting
    4  authority  is  any  other  court  of the unified court system, it shall,
    5  within such period, pay such money to the state commissioner of taxation
    6  and finance to the credit of the criminal  justice  improvement  account
    7  established  by  section  ninety-seven-bb  of  the  state  finance  law;
    8  PROVIDED, HOWEVER, THAT THE STATE COMMISSIONER OF TAXATION  AND  FINANCE
    9  SHALL  DEPOSIT  SUCH  MONEY  COLLECTED  FOR VIOLATIONS OF SECTION ELEVEN
   10  HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE CREDIT  OF  THE  SCHOOL  BUS
   11  MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-I OF
   12  THE  STATE FINANCE LAW.  The crime victim assistance fee provided for in
   13  subdivision one of this section shall be paid to the clerk of the  court
   14  or  administrative  tribunal  that  rendered  the conviction. Within the
   15  first ten days of the month following collection  of  the  crime  victim
   16  assistance  fee,  the collecting authority shall determine the amount of
   17  crime victim assistance fee collected and, if it  is  an  administrative
   18  tribunal  or a town or village justice court, it shall pay such money to
   19  the state comptroller who shall deposit such money in the state treasury
   20  pursuant to section one hundred twenty-one of the state finance  law  to
   21  the  credit  of  the criminal justice improvement account established by
   22  section ninety-seven-bb of the state finance law.
   23    S 3. Subdivision 1 of section 3650 of the education law is amended  by
   24  adding a new paragraph f to read as follows:
   25    F.  AWARD AND DISTRIBUTE GRANTS, FOLLOWING APPROPRIATION BY THE LEGIS-
   26  LATURE WHICH APPROPRIATION MAY INCLUDE FUNDS OF THE SCHOOL BUS  MOTORIST
   27  EDUCATION  FUND  ESTABLISHED  PURSUANT  TO  SECTION EIGHTY-NINE-I OF THE
   28  STATE FINANCE LAW, FOR THE STUDY OF ISSUES INVOLVING THE ILLEGAL PASSING
   29  OF STOPPED SCHOOL BUSES, THE DEVELOPMENT  OF  PROPOSALS  TO  REDUCE  THE
   30  NUMBER  OF MOTORISTS PASSING SCHOOL BUSES IN VIOLATION OF SECTION ELEVEN
   31  HUNDRED SEVENTY-FOUR OF THE VEHICLE AND  TRAFFIC  LAW,  AND  TO  PROMOTE
   32  SCHOOL BUS SAFETY.
   33    S  4. The state finance law is amended by adding a new section 89-i to
   34  read as follows:
   35    S 89-I. THE SCHOOL BUS MOTORIST EDUCATION FUND.  1.  THERE  IS  HEREBY
   36  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
   37  COMMISSIONER OF TAXATION AND FINANCE A FUND  KNOWN  AS  THE  SCHOOL  BUS
   38  MOTORIST EDUCATION FUND.
   39    2.  SUCH  FUND  SHALL CONSIST OF MONIES RECEIVED BY THE STATE FROM ANY
   40  COURT OF THE UNIFIED COURT SYSTEM PURSUANT TO SECTION  EIGHTEEN  HUNDRED
   41  NINE  OF  THE  VEHICLE  AND TRAFFIC LAW FOR VIOLATIONS OF SECTION ELEVEN
   42  HUNDRED SEVENTY-FOUR OF SUCH LAW, AND ALL  OTHER  FINES,  FEES,  GRANTS,
   43  BEQUESTS  OR  OTHER MONIES CREDITED, APPROPRIATED OR TRANSFERRED THERETO
   44  FROM ANY OTHER FUND OR SOURCE.
   45    3. (A) FIFTY PERCENT OF THE MONIES OF THE  FUND,  FOLLOWING  APPROPRI-
   46  ATION  BY  THE LEGISLATURE, SHALL BE MADE AVAILABLE TO THE STATE COMPRE-
   47  HENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL FOR THE STUDY  OF  THE
   48  ILLEGAL  PASSING  OF STOPPED SCHOOL BUSES BY MOTORISTS, AND THE DEVELOP-
   49  MENT OF PROPOSALS TO REDUCE THE NUMBER OF MOTORISTS PASSING SCHOOL BUSES
   50  IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE  VEHICLE  AND
   51  TRAFFIC LAW.
   52    (B)  THE  REMAINING  FIFTY PERCENT OF THE MONIES OF SUCH FUND SHALL BE
   53  MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR  THE  DESIGN  AND
   54  IMPLEMENTATION,  IN  CONJUNCTION  WITH  THE  GOVERNOR'S  TRAFFIC  SAFETY
   55  COMMITTEE, THE DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION
   56  OF THE STATE POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFE-
       S. 1239                             3

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