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S04179 Summary:

BILL NOS04179
 
SAME ASNo Same As
 
SPONSORDILAN
 
COSPNSR
 
MLTSPNSR
 
Add 1229-e, amd 125 & 200, V & T L; add 74-a, St Fin L; add 389, Pub Auth L; add 23, Transp L
 
Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof; establishes fines for violation of these provisions; establishes a fund for the state's portion of such fines, the "snow and ice removal fund" with 10% of the funds going to an annual DMV report on the fund, 25% going to each the DOT and the Thruway authority for establishing snow and ice removal sites on their roads, 30% for a DOT grant program and 10% for a public awareness campaign.
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S04179 Actions:

BILL NOS04179
 
02/06/2017REFERRED TO TRANSPORTATION
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S04179 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4179
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by  Sen.  DILAN  -- 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  requiring
          surfaces  of certain motor vehicles to be cleared of accumulated snow,
          sleet, or hail; to amend the state finance law, the public authorities
          law and the transportation law,  in  relation  to  the  snow  and  ice
          removal  fund; and providing for the repeal of certain provisions upon
          expiration thereof
 
          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 1229-e to read as follows:
     3    § 1229-e. Clearance of snow, sleet, and hail. 1. No person shall oper-
     4  ate a motor vehicle on a public street or  highway  while  there  is  an
     5  accumulation  of  snow, sleet, or hail on the roof or cargo bed surfaces
     6  thereof, whether of any occupant compartment, trailer,  or  other  cargo
     7  compartment in excess of three inches.
     8    2.  The removal of accumulated snow, sleet, or hail required by subdi-
     9  vision one of this section shall not apply during the falling  of  snow,
    10  sleet,  or hail or within three hours after the cessation of the falling
    11  thereof.
    12    3. (a) The operator of a non-commercial vehicle in  violation  of  the
    13  provisions  of  this  section,  excluding  a disabled operator, shall be
    14  subject to a fine of not less than one hundred fifty  dollars  nor  more
    15  than eight hundred fifty dollars.
    16    (b) The operator, owner, lessee, bailee or any one of the aforesaid if
    17  a  commercial  motor vehicle shall be subject to a fine of not less than
    18  four hundred fifty dollars nor more than twelve hundred fifty dollars.
    19    (c) All fines credited to the state pursuant to this section shall  be
    20  deposited  to  the  snow  and  ice  removal fund established pursuant to
    21  section seventy-four-a of the state finance law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02688-02-7

        S. 4179                             2
 
     1    4. The provisions of this section shall not apply  to  any  automobile
     2  transporter, motorcycle, or authorized emergency vehicle.
     3    § 2. Section 125 of the vehicle and traffic law, as amended by chapter
     4  365 of the laws of 2008, is amended to read as follows:
     5    § 125. Motor  vehicles. Every vehicle operated or driven upon a public
     6  highway which is propelled by  any  power  other  than  muscular  power,
     7  except  (a)  electrically-driven mobility assistance devices operated or
     8  driven by a person with a disability, (a-1) electric personal  assistive
     9  mobility  devices  operated  outside  a  city  with  a population of one
    10  million or more, (b) vehicles which run only upon rails or  tracks,  (c)
    11  snowmobiles  as  defined in article forty-seven of this chapter, and (d)
    12  all terrain vehicles as defined in article forty-eight-B of  this  chap-
    13  ter.  For  the  purposes  of  title four of this chapter, the term motor
    14  vehicle shall exclude fire and police vehicles  other  than  ambulances.
    15  For  the  purposes  of  titles four and five, and section twelve hundred
    16  twenty-nine-e of this chapter the term motor vehicles shall exclude farm
    17  type tractors and all terrain type vehicles used exclusively  for  agri-
    18  cultural purposes, or for snow plowing, other than for hire, farm equip-
    19  ment,  including  self-propelled  machines  used exclusively in growing,
    20  harvesting or handling farm produce, and self-propelled  caterpillar  or
    21  crawler-type equipment while being operated on the contract site.
    22    § 3. Section 200 of the vehicle and traffic law is amended by adding a
    23  new subdivision 3 to read as follows:
    24    3.  The  commissioner shall submit a report to the governor, temporary
    25  president of the senate and the speaker of the  assembly  on  an  annual
    26  basis  for the ten years commencing on August thirty-first, two thousand
    27  eighteen concerning the implementation of section twelve  hundred  twen-
    28  ty-nine-e  of  this  chapter  and  section  seventy-four-a  of the state
    29  finance law. Such report shall include information on:
    30    (a) the amount of funds made available to the commissioner and the New
    31  York state thruway authority and the use of such funds;
    32    (b) how many summonses were issued pursuant to section twelve  hundred
    33  twenty-nine-e of this chapter;
    34    (c)  the  operation of the grant program established pursuant to para-
    35  graph (b) of subdivision two of section twenty-three of the  transporta-
    36  tion law;
    37    (d)  the  public awareness program conducted pursuant to paragraph (c)
    38  of subdivision two of section twenty-three of the transportation law;
    39    (e) the severity and frequency of traffic incidents involving snow  or
    40  ice  not properly removed from vehicles before and after the implementa-
    41  tion of section twelve hundred twenty-nine-e of this chapter; and
    42    (f) the operation of such snow and ice removal  sites  established  by
    43  the  New  York  state  department  of transportation pursuant to section
    44  three hundred eighty-nine of the public authorities law and the New York
    45  state thruway authority pursuant to paragraph (a) of subdivision two  of
    46  section twenty-three of the transportation law.
    47    §  4. The state finance law is amended by adding a new section 74-a to
    48  read as follows:
    49    § 74-a. Snow and ice removal fund. 1. There is hereby  established  in
    50  the joint custody of the state comptroller and the commissioner of taxa-
    51  tion and finance a special fund to be known as the "snow and ice removal
    52  fund".
    53    2.  The  snow and ice removal fund shall consist of all fines credited
    54  to the state for a violation of section twelve hundred twenty-nine-e  of
    55  the  vehicle  and  traffic  law, and all other moneys credited or trans-
    56  ferred thereto from any other fund or source pursuant to law.

        S. 4179                             3
 
     1    3. Moneys in the snow and ice removal fund  may  be  invested  by  the
     2  comptroller pursuant to the provisions of section ninety-eight-a of this
     3  article and any income received by the comptroller from such investments
     4  shall be added to and become part of, and shall be used for the purposes
     5  of such fund. All deposits of such money shall, if required by the comp-
     6  troller,  be secured by obligations of the United States or of the state
     7  of market value equal at all times to the amount of the deposit and  all
     8  banks  and  trust  companies  are authorized to give such securities for
     9  such deposits.
    10    4. Moneys of the fund, following  appropriation  by  the  legislature,
    11  shall be allocated upon a certificate of approval of availability by the
    12  director  of  the  budget  solely  for  the  purposes  set forth in this
    13  section.
    14    5. Moneys in the fund shall be allocated in the following manner:
    15    (a) Ten percent of the moneys shall be transferred to  the  department
    16  of motor vehicles for the collection and reporting of data on the imple-
    17  mentation  of  section  twelve  hundred twenty-nine-e of the vehicle and
    18  traffic law.
    19    (b) Twenty-five percent of the moneys  shall  be  transferred  to  the
    20  department of transportation for the purposes of paragraph (a) of subdi-
    21  vision two of section twenty-three of the transportation law.
    22    (c)  Twenty-five percent of the moneys shall be transferred to the New
    23  York state thruway authority  for  purposes  of  section  three  hundred
    24  eighty-nine of the public authorities law.
    25    (d)  Thirty  percent of the moneys shall be transferred to the depart-
    26  ment of transportation for the grant  program  established  pursuant  to
    27  paragraph  (b)  of subdivision two of section twenty-three of the trans-
    28  portation law.
    29    (e) Ten percent of the moneys shall be transferred to  the  department
    30  of transportation for the public awareness program conducted pursuant to
    31  paragraph  (c)  of subdivision two of section twenty-three of the trans-
    32  portation law.
    33    § 5. The public authorities law is amended by adding a new section 389
    34  to read as follows:
    35    § 389. Snow and ice  removal  sites.  1.  For  the  purposes  of  this
    36  section, the term "common carrier" shall mean any person that transports
    37  passengers  by  motor  vehicle for compensation by providing service for
    38  the general public on an individual fare basis over regular or irregular
    39  routes or any person that  transports  property  by  motor  vehicle  for
    40  compensation  for  the general public. It shall include a bus line which
    41  is a motor vehicle that is usually characterized by the use of  vehicles
    42  having a seating capacity of greater than twenty passengers; by multiple
    43  pickup  and  discharge  points along designated routes; and by no prear-
    44  rangements or reservations by passengers.
    45    2. Using the moneys allocated from  the  snow  and  ice  removal  fund
    46  established pursuant to section seventy-four-a of the state finance law,
    47  the  authority  shall  establish  snow  and ice removal sites for common
    48  carriers on the thruway. The authority shall use  the  moneys  allocated
    49  from  paragraph (c) of subdivision five of section seventy-four-a of the
    50  state finance law for the purchase, installation and operation  of  snow
    51  and ice removal equipment at such rest areas and service areas under its
    52  jurisdiction as the authority  deems appropriate.
    53    §  6.  The transportation law is amended by adding a new section 23 to
    54  read as follows:
    55    § 23. Snow and ice removal.  1. For the purposes of this section,  the
    56  term  "common  carrier" shall mean any person that transports passengers

        S. 4179                             4
 
     1  by motor vehicle for compensation by providing service for  the  general
     2  public  on  an individual fare basis over regular or irregular routes or
     3  any person that transports property by motor  vehicle  for  compensation
     4  for  the  general  public.  It shall include a bus line which is a motor
     5  vehicle that is usually characterized by the use of  vehicles  having  a
     6  seating  capacity  of greater than twenty passengers; by multiple pickup
     7  and discharge points along designated routes; and by no  prearrangements
     8  or reservations by passengers.
     9    2.  Using  the  moneys  allocated  from  the snow and ice removal fund
    10  established pursuant to section seventy-four-a of the state finance law,
    11  the department shall:
    12    (a) establish snow and ice removal sites for common carriers  on  such
    13  interstate  and  state  highways  that are under the jurisdiction of the
    14  department. The department shall use the moneys allocated from paragraph
    15  (b) of subdivision five of section seventy-four-a of the  state  finance
    16  law for the purchase, installation and operation of snow and ice removal
    17  equipment at such rest areas and service areas under its jurisdiction as
    18  the commissioner deems appropriate.
    19    (b) establish and administer a snow and ice removal grant program. The
    20  department shall use the moneys allocated from paragraph (b) of subdivi-
    21  sion  five  of  section  seventy-four-a of the state finance law for the
    22  purpose of providing common carriers with  matching  funds  to  purchase
    23  snow and ice removal equipment; provided, however, that
    24    (i)  no  grant  to  any common carrier shall exceed ten percent of the
    25  total allocations for such grant program;
    26    (ii) each applicant shall be eligible to receive only one  such  grant
    27  in any twenty-four month period;
    28    (iii)  no  part  of  any  such grant shall be used for salaries or any
    29  other services other than for the purchase and installation of snow  and
    30  ice removal equipment; and
    31    (iv)  the common carrier has committed sufficient funds to fulfill the
    32  match requirements of this grant.
    33    (c) improve public awareness of the hazards of  driving  with  accumu-
    34  lations of snow and ice on the roof or cargo bed surfaces of motor vehi-
    35  cles  and  the  prohibition thereof. The department shall use the moneys
    36  allocated from paragraph (e) of subdivision  five  of  section  seventy-
    37  four-a of the state finance law for the purpose of such public awareness
    38  campaign  through  educational  and  informational  materials  in print,
    39  audio, visual, electronic or other media including, but not  limited  to
    40  public service announcements and advertisements.
    41    § 7. This act shall take effect on the first of November next succeed-
    42  ing  the  date  on  which it shall have become a law; provided, however,
    43  that the amendments to section 200 of the vehicle and traffic  law  made
    44  by section three of this act shall expire and be deemed repealed Septem-
    45  ber 1, 2027.
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