S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1862
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M. of A. MAYER, MARKEY, RA, DINOWITZ, ROZIC -- read once
         and referred 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    S 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.
                                                                  LBD00369-01-5
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    1    4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  AUTOMOBILE
    2  TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
    3    S 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    S 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    S 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  SIXTEEN CONCERNING THE IMPLEMENTATION OF SECTION TWELVE HUNDRED  TWENTY-
   28  NINE-E  OF  THIS CHAPTER AND SECTION SEVENTY-FOUR-A OF THE STATE FINANCE
   29  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    S  4. The state finance law is amended by adding a new section 74-a to
   48  read as follows:
   49    S 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.
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    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    S 5. The public authorities law is amended by adding a new section 389
   34  to read as follows:
   35    S 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    S  6.  The transportation law is amended by adding a new section 23 to
   54  read as follows:
   55    S 23. SNOW AND ICE REMOVAL.  1. FOR THE PURPOSES OF THIS SECTION,  THE
   56  TERM  "COMMON  CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS PASSENGERS
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    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
   37  SEVENTY-FOUR-A  OF  THE STATE FINANCE LAW FOR THE PURPOSE OF SUCH PUBLIC
   38  AWARENESS CAMPAIGN THROUGH EDUCATIONAL AND  INFORMATIONAL  MATERIALS  IN
   39  PRINT,  AUDIO,  VISUAL,  ELECTRONIC  OR  OTHER  MEDIA INCLUDING, BUT NOT
   40  LIMITED TO PUBLIC SERVICE ANNOUNCEMENTS AND ADVERTISEMENTS.
   41    S 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, 2025.