senate Bill S5350

Requires state police at certain work zones

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / May / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Requires state police presence at certain work zones.

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Bill Details

Versions:
S5350
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Amd §22, Transp L; add §215-a, Exec L

Sponsor Memo

BILL NUMBER:S5350

TITLE OF BILL:
An act
to amend the transportation law and the executive law, in relation to
work requiring members of the state police at certain work zones

PURPOSE:
This bill requires that a state police officer and car be present at
certain work zones to increase safety.

SUMMARY OF PROVISIONS:
Section 1 defines this bill as DJ's law.

Section 2 amends section 22 subsection (a) of the transportation law,
as added by chapter 223 of the laws of 2005, to add the requirement
of police presence in certain work zones with daily traffic that
exceeds 5,000 vehicles per day and has a regularly posted speed in
excess of 45mph.

Section 2 also adds a second section to section 22 of the
transportation law, as added by chapter 223 of the laws of 2005, that
requires the department of transportation include the costs
associated with policing in the overall project cost.

Section 3 amends the executive law by adding a new section (215-a)
that lays out the procedure by which off-duty officers will be
selected and compensated for the time they spend in the work zone.

Section 4 is the enacting clause.

JUSTIFICATION:
DJ's law is named for David "DJ" Baldi of Hamburg, NY who was
tragically killed on Tuesday November 16, 2010 while working on a
construction project on Interstate 190-S in Buffalo.

DJ was working on Interstate 190-S, and was following all state and
federal safety regulations when a propane tanker truck swerved across
3 lanes and struck the platform DJ was working on in the right hand
lane. DJ tragically and instantly lost his life.

Unfortunately, DJ's story is not unique. In 2009 there were 667
fatalities as a result of automobile crashes in work zones across the
country.

This bill will help save lives and keep people safe by adding an
additional precaution to get people to slow down and be more aware as
they enter work zones on high-traffic/high-speed roads.

A study conducted by the Transportation Research Board found that in
the long term using a police car with lights flashing and active
radar was successful in reducing speeds by 8.4mph in one lane closures
and 6.4mph in two lane closures. A similar study found that a
stationary patrol car was able to reduce mean speeds in work zones by
between 4-12mph.


Currently many states including Rhode Island and Arizona, as well as
the city of Boston use uniform police officers in all work zones. In
addition, even more states, including: Alabama, California,
Connecticut, Louisiana, Minnesota, Montana, North Carolina,
Pennsylvania, South Carolina, Tennessee, Wisconsin, and Wyoming have
responded to surveys saying police presence in work zones has been
the most effective method of ensuring work zone safety. Many states
use some form of policing in some work zones. A survey of state
highway agencies, state law enforcement agencies, contractors, and
suppliers conducted by the Federal Highway Administration found that
72% of states use highway construction funds to cover the costs
associated with the increased policing.

New York State does have a current program that provides some limited
police presence in work zones.
Operation Hard Hat is a program utilized by DOT and the NYS Thruway
Authority that includes NYS Troopers located inconspicuously in
construction zones. This officer then radios to a chase car further
down the road to stop anyone violating the speed limit. While this
program is successful in punishing those who are speeding it does not
necessarily serve as a warning signal for drivers to slow down as
they approach the work zone. As a result it is not as effective in
improving public safety. Furthermore, Operation Hard Hat is not used
in all "high speed, high traffic" work zones.

An officer stationed in a car at the beginning of any high speed/high
traffic work zone would be a more effective way of protecting those
people who are working on the road.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None as the cost associated with policing would come out of the
Department of Transportation and the New York State Thruway
Authorities existing budget.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have
become a law.

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

                                  5350

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 10, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend  the  transportation  law  and  the  executive  law,  in
  relation to work requiring members of the state police at certain work
  zones

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"DJ's Law".
  S  2. Section 22 of the transportation law, as added by chapter 223 of
the laws of 2005, is amended to read as follows:
  S 22. Work zone safety and enforcement. 1. The  department  shall,  in
cooperation with the superintendent of state police, the commissioner of
motor  vehicles,  the  chairman of the New York state thruway authority,
local law enforcement agencies and representatives for  contractors  and
laborers,  develop and implement rules and regulations for the increased
safety of work zones. Such rules  and  regulations  shall  include,  but
shall not be limited to[,]:
  (A)  REQUIRING  a  police  presence  at all major active work zones as
defined  by  rules  and  regulations  set  forth  by  the  commissioner,
PROVIDED,  HOWEVER,  THAT  ANY  CONSTRUCTION,  REPAIR  OR STRIPING ON OR
AROUND ANY EXPRESSWAY ON WHICH AVERAGE DAILY TRAFFIC EXCEEDS FIVE  THOU-
SAND  VEHICLES  PER  DAY  AND  THE  REGULARLY POSTED SPEED LIMIT EXCEEDS
FORTY-FIVE MILES PER HOUR SHALL HAVE A NEW YORK  STATE  TROOPER  PRESENT
WITH  A  RADAR  DETECTOR  AND RED AND BLUE FLASHING LIGHTS TURNED ON ANY
TIME A WORK CREW IS PRESENT;
  (B) the use of radar speed display signs  at  all  major  active  work
zones  as  defined by rules and regulations set forth by the commission-
er[,]; and
  (C) a system for reviewing work zone safety and design  for  all  work
zones under the jurisdiction of the department.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10797-03-1

S. 5350                             2

  2.  THE  DEPARTMENT  SHALL  INCLUDE THE COSTS ASSOCIATED WITH POLICING
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AS PART  OF
THE  OVERALL  PROJECT  COST  THEREBY  INCLUDING SUCH COST IN THE BIDDING
PROCESS.  THE COSTS SHALL BE INCLUDED AND ITEMIZED UNDER THAT PORTION OF
THE BID LABELED MAINTENANCE AND PROTECTION OF TRAFFIC.
  S  3.  The  executive  law is amended by adding a new section 215-a to
read as follows:
  S 215-A. STATE POLICE AT CERTAIN WORK ZONES.  1.  ANY  MEMBER  OF  THE
STATE  POLICE MAY VOLUNTEER TO WORK FOR THE NEW YORK STATE DEPARTMENT OF
TRANSPORTATION, PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION
TWENTY-TWO OF THE TRANSPORTATION LAW.
  2.  PAYMENT FOR SUCH WORK SHALL BE AT SUCH MEMBER'S CURRENT PAY SCALE,
PROVIDED, HOWEVER, THAT THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION
SHALL PAY SUCH MEMBERS.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such effective date.

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