A07798 Summary:

BILL NOA07798C
 
SAME ASSAME AS S06046-C
 
SPONSORGlick
 
COSPNSRVanel, Ortiz, DenDekker, Cymbrowitz, Quart, Barron, Williams, Hevesi, Simon, Thiele, Rosenthal L, Cook, Gottfried, Rodriguez, D'Urso, Carroll, Blake, De La Rosa, Dinowitz, Dickens, Seawright, Jaffee, Mosley, Aubry, Bichotte, Kim, Rivera, Simotas, Pichardo, Rozic, Benedetto, Titus, Paulin, Taylor, Arroyo, Espinal, DiPietro, Abinanti, Steck, Jones, Fahy, Lavine, Colton, Epstein, Santabarbara, Fernandez
 
MLTSPNSRGalef, Hyndman, Lentol, Lupardo
 
Amd 1180-b, V & T L; amd 12, Chap 43 of 2014; amd 15, Chap 189 of 2013
 
Reduces the limitations on the number of schools at which photo speed violation monitoring systems may be utilized and the times during which they may be operated; requires such city to install signs giving notice of the use of such a system; and extends the expiration of such program until July 1, 2022.
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A07798 Actions:

BILL NOA07798C
 
05/15/2017referred to transportation
06/12/2017amend and recommit to transportation
06/12/2017print number 7798a
06/13/2017amend (t) and recommit to transportation
06/13/2017print number 7798b
06/20/2017reported referred to codes
06/20/2017reported referred to rules
06/20/2017reported
06/20/2017rules report cal.610
06/20/2017ordered to third reading rules cal.610
06/21/2017home rule request
06/21/2017passed assembly
06/21/2017delivered to senate
06/21/2017REFERRED TO RULES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018referred to transportation
05/15/2018amend (t) and recommit to transportation
05/15/2018print number 7798c
06/12/2018reported referred to codes
06/13/2018reported referred to ways and means
06/18/2018reported referred to rules
06/18/2018reported
06/18/2018rules report cal.276
06/18/2018ordered to third reading rules cal.276
06/18/2018home rule request
06/18/2018passed assembly
06/18/2018delivered to senate
06/18/2018REFERRED TO RULES
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A07798 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7798C
 
SPONSOR: Glick
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to photo speed violation monitoring systems in school speed zones in the city of New York; to amend chapter 43 of the laws of 2014, amending the vehicle and traffic law, the public officers law and the general municipal law relating to photo speed violation monitoring systems in school speed zones in the city of New York, in relation to making technical corrections thereto; and to amend chapter 189 of the laws of 2013, amending the vehicle and traffic law and the public offi- cers law relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices, in relation to the effectiveness thereof   PURPOSE: Expands the photo speed violation monitoring systems program for school speed zones in the city of New York   SUMMARY OF PROVISIONS: Section 1 amends paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, as amended by chapter 43 of the laws of 2014 to expand the use of speed cameras to 290 school zones within the City of New York. Section 2 amends paragraph 2 of subdivision (a) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, by mandating that the City shall install signs giving notice that a speed camera is in use within 300 feet of such camera. This section also requires the installation of signage notifying drivers of the use of speed cameras within a designated school speed zone. Section 3 amends paragraph 4 of subdivision (c) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, by defining a "school speed zone" as being a radial distance not to exceed one thousand three hundred twenty feet from a school building, entrance or exit. Section 4 sets forth a reporting requirement. Section 5 amends the opening paragraph of section 12 of chapter 43 of the laws of 2014, amending the vehicle and traffic law, the public offi- cers law and the general municipal law by making technical amendments regarding the expiration of sections one through ten of this act. Section 6 makes technical amendments relative to the new sunset date of July 1, 2022. Section 7 sets forth a timeline for the addition of one hundred fifty new school speed zones, as authorized by section 1 of this legislation. Section 8 sets the effective date   JUSTIFICATION: Speeding motorists continue to put schoolchildren in unnecessary danger in New York City. The New York City Department of Transportation reports that the risk of pedestrian death from being struck by a speeding vehi- cle increases from 5% at a speed of 20 miles per hour to 45% at a speed of 30 miles per hour, a 900% increase. Chapter 189 of the Laws of 2013 established a five year demonstration program to allow a small amount of speed safety cameras to be used near schools in New York City at certain hours of the day. The data from this demonstration program speaks for itself. The New York City Department of Transportation reports that there has been a 60% drop in speeding infractions in locations where speed safety cameras have been installed. Furthermore, speed safety cameras were able to issue over 1 million infractions to motorists who were speeding near schools. Currently, only 7% of New York City school children go to a school with a speed safety camera nearby. It is time to expand this program so that more schools can benefit from the enhanced safety that is associated with having speed safety cameras nearby.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPACT: TBD.   EFFECTIVE DATE: This act shall take effect immediately; provided that the amendments to section 1180-b of the vehicle and traffic law made by sections one, two, three, and four of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and provided further that the amendments to paragraph 2 of subdivision (a) of section 1180-b of the vehicle and traffic law made by section two of this act shall take effect on the ninetieth day after this act shall have become a law.
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A07798 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7798--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK,  VANEL, ORTIZ, DenDEKKER, CYMBROWITZ,
          QUART, BARRON, WILLIAMS, HEVESI, SIMON,  THIELE,  L. ROSENTHAL,  COOK,
          GOTTFRIED,  RODRIGUEZ,  D'URSO,  CARROLL, BLAKE, DE LA ROSA, DINOWITZ,
          DICKENS, SEAWRIGHT, JAFFEE,  MOSLEY,  AUBRY,  BICHOTTE,  KIM,  RIVERA,
          SIMOTAS,   PICHARDO,  ROZIC,  BENEDETTO,  TITUS,  PELLEGRINO,  PAULIN,
          TAYLOR, ARROYO, ESPINAL -- Multi-Sponsored by -- M. of A. GALEF, HYND-
          MAN, LENTOL -- read once and referred to the Committee on  Transporta-
          tion  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee -- recommitted to the Committee  on  Transporta-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the vehicle and traffic law, in relation to photo  speed
          violation  monitoring systems in school speed zones in the city of New
          York; to amend chapter 43 of the laws of 2014,  amending  the  vehicle
          and traffic law, the public officers law and the general municipal law
          relating  to  photo speed violation monitoring systems in school speed
          zones in the city  of  New  York,  in  relation  to  making  technical
          corrections  thereto;  and  to  amend chapter 189 of the laws of 2013,
          amending the vehicle and traffic  law  and  the  public  officers  law
          relating to establishing in a city with a population of one million or
          more  a  demonstration program implementing speed violation monitoring
          systems in school speed zones by means of photo devices,  in  relation
          to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 1 of subdivision (a) of  section  1180-b  of  the
     2  vehicle  and  traffic law, as amended by chapter 43 of the laws of 2014,
     3  is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11514-14-8

        A. 7798--C                          2
 
     1    1. Notwithstanding any other provision of law, the city of New York is
     2  hereby authorized to establish a demonstration program imposing monetary
     3  liability on the owner of a vehicle for failure of an  operator  thereof
     4  to comply with posted maximum speed limits in a school speed zone within
     5  [the]  such  city (i) when a school speed limit is in effect as provided
     6  in paragraphs one and two of subdivision (c) of section  eleven  hundred
     7  eighty  of this article or (ii) when other speed limits are in effect as
     8  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
     9  eighty  of  this  article during the following times: (A) on school days
    10  during school hours and one hour before and one hour  after  the  school
    11  day,  and (B) a period during student activities at the school and up to
    12  thirty minutes immediately before and up to thirty  minutes  immediately
    13  after  such student activities. Such demonstration program shall empower
    14  the city of New York to install photo speed violation monitoring systems
    15  within no more than [one hundred forty] two hundred ninety school  speed
    16  zones within [the] such city at any one time and to operate such systems
    17  within  such  zones  (iii)  when  a  school  speed limit is in effect as
    18  provided in paragraphs one and two of subdivision (c) of section  eleven
    19  hundred  eighty  of  this article or (iv) when other speed limits are in
    20  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    21  hundred eighty of this article during the following times: (A) on school
    22  days during school hours and one hour before  and  one  hour  after  the
    23  school day, and (B) a period during student activities at the school and
    24  up  to  thirty minutes immediately before and up to thirty minutes imme-
    25  diately after such student activities.  In selecting a school speed zone
    26  in which to install and  operate  a  photo  speed  violation  monitoring
    27  system,  the city of New York shall consider criteria including, but not
    28  limited to, the speed data, crash  history,  and  the  roadway  geometry
    29  applicable  to  such  school  speed zone. Such city shall prioritize the
    30  placement of photo speed violation monitoring systems  in  school  speed
    31  zones based upon speed data or the crash history of a school speed zone.
    32  A  photo  speed  violation  monitoring  system shall not be installed or
    33  operated on a  controlled-access  highway  exit  ramp  or  within  three
    34  hundred  feet  along  a  highway  that continues from the end of a cont-
    35  rolled-access highway exit ramp.
    36    § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
    37  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    38  to read as follows:
    39    2.  No  photo  speed  violation  monitoring  system shall be used in a
    40  school speed zone unless (i) on the day it is to be used it has success-
    41  fully passed a self-test of its functions; and (ii) it has undergone  an
    42  annual  calibration  check  performed pursuant to paragraph four of this
    43  subdivision. The city [may] shall install signs  giving  notice  that  a
    44  photo  speed  violation  monitoring  system  is  in use to be mounted on
    45  advance warning signs notifying approaching motor vehicle  operators  of
    46  such  upcoming  school speed zone and/or on speed limit signs applicable
    47  within such school speed zone, in conformance with standards established
    48  in the MUTCD. Such advance warning  signs  shall  also,  to  the  extent
    49  authorized  by  the MUTCD, contain the words "speed camera ahead" and be
    50  no more than three hundred feet from such photo speed violation monitor-
    51  ing system.
    52    § 3. Paragraph 4 of subdivision (c) of section 1180-b of  the  vehicle
    53  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    54  to read as follows:

        A. 7798--C                          3
 
     1    4.  "school speed zone" shall mean a radial distance not to exceed one
     2  thousand three hundred twenty feet [on a highway passing] from a  school
     3  building, entrance, or exit [of a school abutting on the highway].
     4    § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
     5  as  added  by  chapter  189  of  the laws of 2013, is amended to read as
     6  follows:
     7    (n) If the city adopts a demonstration program pursuant to subdivision
     8  [one] (a) of this section it shall conduct a study  and  submit  [a]  an
     9  annual  report  on the results of the use of photo devices to the gover-
    10  nor, the temporary president of the senate and the speaker of the assem-
    11  bly on or before June first, two thousand nineteen and on the same  date
    12  in  each succeeding year in which the demonstration program is operable.
    13  Such report shall include:
    14    1. the locations where and dates when photo speed violation monitoring
    15  systems were used;
    16    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    17  injuries  and  property  damage  reported  within all school speed zones
    18  within the city, to the extent the  information  is  maintained  by  the
    19  department of motor vehicles of this state;
    20    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    21  injuries and property damage reported within school  speed  zones  where
    22  photo  speed  violation  monitoring systems were used, to the extent the
    23  information is maintained by the department of motor  vehicles  of  this
    24  state;
    25    4.  the  number  of  violations recorded within all school speed zones
    26  within the city, in the aggregate on a daily, weekly and monthly basis;
    27    5. the number of violations recorded within  each  school  speed  zone
    28  where  a  photo speed violation monitoring system is used, in the aggre-
    29  gate on a daily, weekly and monthly basis;
    30    6. the number of violations recorded within  all  school  speed  zones
    31  within the city that were:
    32    (i)  more  than  ten  but not more than twenty miles per hour over the
    33  posted speed limit;
    34    (ii) more than twenty but not more than thirty miles per hour over the
    35  posted speed limit;
    36    (iii) more than thirty but not more than forty miles per hour over the
    37  posted speed limit; and
    38    (iv) more than forty miles per hour over the posted speed limit;
    39    7. the number of violations recorded within  each  school  speed  zone
    40  where a photo speed violation monitoring system is used that were:
    41    (i)  more  than  ten  but not more than twenty miles per hour over the
    42  posted speed limit;
    43    (ii) more than twenty but not more than thirty miles per hour over the
    44  posted speed limit;
    45    (iii) more than thirty but not more than forty miles per hour over the
    46  posted speed limit; and
    47    (iv) more than forty miles per hour over the posted speed limit;
    48    8. the total number of notices  of  liability  issued  for  violations
    49  recorded by such systems;
    50    9.  the number of fines and total amount of fines paid after the first
    51  notice of liability issued for violations recorded by such systems;
    52    10. the number of violations adjudicated and the results of such adju-
    53  dications including  breakdowns  of  dispositions  made  for  violations
    54  recorded by such systems;
    55    11.  the  total  amount  of revenue realized by the city in connection
    56  with the program;

        A. 7798--C                          4
 
     1    12. the expenses incurred by the city in connection with the  program;
     2  [and]
     3    13. the quality of the adjudication process and its results; and
     4    14.  the effectiveness and adequacy of the hours of operation for such
     5  program to determine the impact on speeding violations and prevention of
     6  crashes.
     7    § 5. The opening paragraph of section 12 of chapter 43 of the laws  of
     8  2014,  amending the vehicle and traffic law, the public officers law and
     9  the general municipal law relating to photo speed  violation  monitoring
    10  systems  in  school  speed  zones in the city of New York, is amended to
    11  read as follows:
    12    This act shall take effect on the thirtieth day after  it  shall  have
    13  become  a  law [and]; provided that sections one through ten of this act
    14  shall expire 4 years after such effective date when upon such  date  the
    15  provisions  of  such  sections of this act shall be deemed repealed; and
    16  provided further that any rules necessary for the implementation of this
    17  act on its effective date shall be promulgated on or before such  effec-
    18  tive date, provided that:
    19    § 6. The opening paragraph of section 15 of chapter 189 of the laws of
    20  2013,  amending  the vehicle and traffic law and the public officers law
    21  relating to establishing in a city with a population of one  million  or
    22  more  a  demonstration  program  implementing speed violation monitoring
    23  systems in school speed zones by means of photo devices, is  amended  to
    24  read as follows:
    25    This  act  shall  take effect on the thirtieth day after it shall have
    26  become a law and shall expire [5 years after such  effective  date  when
    27  upon  such date the provisions of this act shall] and be deemed repealed
    28  July 1, 2022; and provided further that  any  rules  necessary  for  the
    29  implementation of this act on its effective date shall be promulgated on
    30  or before such effective date, provided that:
    31    §  7.  Photo  speed violation monitoring systems within the additional
    32  150 school speed zones authorized for the city of New York by  paragraph
    33  1  of  subdivision (a) of section 1180-b of the vehicle and traffic law,
    34  as amended by section one  of  this  act,  shall  be  authorized  to  be
    35  installed  over  the  3 year period following the effective date of this
    36  act as follows:
    37    (a) in no more than 50 school speed zones during the first such year;
    38    (b) in no more than 50 additional school speed zones during the second
    39  such year; and
    40    (c) in no more than 50 additional school speed zones during the  third
    41  such year.
    42    §  8. This act shall take effect immediately; provided that the amend-
    43  ments to section 1180-b of the vehicle and traffic law made by  sections
    44  one, two, three and four of this act shall not affect the repeal of such
    45  section  and  shall  be  deemed repealed therewith; and provided further
    46  that the amendments to paragraph 2 of subdivision (a) of section  1180-b
    47  of  the  vehicle  and  traffic law made by section two of this act shall
    48  take effect on the ninetieth day after this act shall have become a law.
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A07798 LFIN:

 NO LFIN
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