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Assembly Bill A9456A

2013-2014 Legislative Session

Prohibits flagpersons from using portable electronic devices while on duty in a work zone

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A9456 - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §207-b, Lab L

2013-A9456 - Summary

Prohibits flagpersons from using portable electronic devices while on duty in a work zone.

2013-A9456 - Bill Text download pdf 

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

                                  9456

                          I N  A S S E M B L Y

                             April 30, 2014
                               ___________

Introduced  by  M. of A. OTIS -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation  to  prohibiting  flagpersons
  from using portable electronic devices

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

  Section 1. The labor law is amended by adding a new section  207-b  to
read as follows:
  S  207-B.  PROHIBITION  OF THE USE OF PORTABLE ELECTRONIC DEVICES BY A
FLAGPERSON. 1. NO FLAGPERSON SHALL  USE  A  PORTABLE  ELECTRONIC  DEVICE
WHILE  ON  DUTY IN A WORK ZONE, PROVIDED, HOWEVER, THAT SUCH PROHIBITION
SHALL NOT APPLY TO PORTABLE ELECTRONIC DEVICES WHICH  ARE  USED  SPECIF-
ICALLY  FOR FACILITATING VEHICLE AND PEDESTRIAN TRAFFIC THROUGH A TEMPO-
RARY TRAFFIC CONTROL ZONE.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A) THE TERM "FLAGPERSON," SHALL MEAN AND INCLUDE:
  (I)  ANY PERSON EMPLOYED BY OR ON BEHALF OF THE STATE, A COUNTY, CITY,
TOWN OR VILLAGE, A PUBLIC AUTHORITY, A  LOCAL  AUTHORITY,  OR  A  PUBLIC
UTILITY  COMPANY, OR THE AGENT OR CONTRACTOR OF ANY SUCH ENTITY, WHO HAS
BEEN ASSIGNED TO  CONTROL  OR  DIRECT  TRAFFIC  ON  PUBLIC  HIGHWAYS  IN
CONNECTION  WITH ANY CONSTRUCTION, SURVEY, AND/OR MAINTENANCE WORK BEING
PERFORMED.
  (II) ANY PERSON EMPLOYED BY OR ON BEHALF OF A RAILROAD CORPORATION WHO
HAS BEEN ASSIGNED TO CONTROL OR  DIRECT  TRAFFIC  AT  A  RAILROAD  GRADE
CROSSING.
  (III)  ANY  PERSON  HOLDING  A CERTIFICATE ISSUED BY THE COMMISSIONER,
WHICH AUTHORIZES SUCH PERSON TO OPERATE AN ESCORT VEHICLE, AND  WHO  HAS
BEEN ASSIGNED TO CONTROL, WARN, OR DIRECT TRAFFIC IN CONNECTION WITH THE
MOVEMENT OF AN ESCORT VEHICLE ON A PUBLIC HIGHWAY.
  (B) "PORTABLE ELECTRONIC DEVICE" SHALL MEAN ANY HAND-HELD MOBILE TELE-
PHONE,   AS  DEFINED  BY  SUBDIVISION  ONE  OF  SECTION  TWELVE  HUNDRED
TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW, PERSONAL DIGITAL ASSISTANT
(PDA), HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUTER,  PAGER,

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

2013-A9456A (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §207-b, Lab L

2013-A9456A (ACTIVE) - Summary

Prohibits flagpersons from using portable electronic devices while on duty in a work zone.

2013-A9456A (ACTIVE) - Bill Text download pdf 

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

                                 9456--A

                          I N  A S S E M B L Y

                             April 30, 2014
                               ___________

Introduced  by  M. of A. OTIS -- read once and referred to the Committee
  on Labor -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the labor law, in relation to prohibiting flagpersons
  from using portable electronic devices

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

  Section  1.  The labor law is amended by adding a new section 207-b to
read as follows:
  S 207-B. PROHIBITION OF THE USE OF PORTABLE ELECTRONIC  DEVICES  BY  A
FLAGPERSON.  1.  NO  FLAGPERSON  SHALL  USE A PORTABLE ELECTRONIC DEVICE
WHILE PERFORMING THE DUTIES OF A FLAGPERSON IN A  WORK  ZONE,  PROVIDED,
HOWEVER,  THAT  SUCH  PROHIBITION SHALL NOT APPLY TO PORTABLE ELECTRONIC
DEVICES WHICH ARE USED SPECIFICALLY FOR:
  (A) FACILITATING VEHICLE AND PEDESTRIAN TRAFFIC  THROUGH  A  TEMPORARY
TRAFFIC CONTROL ZONE; OR
  (B) INITIATING A RESPONSE TO A HAZARDOUS MATERIALS INCIDENT; OR
  (C)  INITIATING  A  RESPONSE TO A VEHICLE OR PEDESTRIAN ACCIDENT IN OR
NEAR A WORK ZONE.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A) THE TERM "FLAGPERSON," SHALL MEAN AND INCLUDE:
  (I)  ANY PERSON EMPLOYED BY OR ON BEHALF OF THE STATE, A COUNTY, CITY,
TOWN, VILLAGE OR SPECIAL DISTRICT, A PUBLIC AUTHORITY, A LOCAL  AUTHORI-
TY,  OR A PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF ANY SUCH
ENTITY, WHO HAS BEEN ASSIGNED TO CONTROL OR  DIRECT  TRAFFIC  ON  PUBLIC
HIGHWAYS IN CONNECTION WITH ANY CONSTRUCTION, SURVEY, AND/OR MAINTENANCE
WORK BEING PERFORMED.
  (II) ANY PERSON EMPLOYED BY OR ON BEHALF OF A RAILROAD CORPORATION WHO
HAS  BEEN  ASSIGNED  TO  CONTROL  OR  DIRECT TRAFFIC AT A RAILROAD GRADE
CROSSING.
  (III) ANY PERSON HOLDING A CERTIFICATE  ISSUED  BY  THE  COMMISSIONER,
WHICH  AUTHORIZES  SUCH PERSON TO OPERATE AN ESCORT VEHICLE, AND WHO HAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14407-04-4

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