Assembly Bill A8208

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8208
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the transportation  law,
   in  relation  to work zone safety; and to amend the state finance law,
   in relation to establishing the work zone safety fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1221-a to read  as follows:
   § 1221-A. ENDANGERMENT OF A HIGHWAY WORKER. 1. A PERSON COMMITS ENDAN-
 GERMENT OF A HIGHWAY WORKER IF THE PERSON IS OPERATING A  MOTOR  VEHICLE
 WITHIN  A  WORK AREA AS DEFINED IN SECTION ONE HUNDRED SIXTY-ONE OF THIS
 CHAPTER AT ANY TIME ONE OR MORE HIGHWAY WORKERS ARE IN THE WORK AREA AND
 DOES ANY OF THE FOLLOWING:
   (A) DRIVES THROUGH OR AROUND A WORK  AREA  IN  ANY  LANE  NOT  CLEARLY
 DESIGNATED  FOR USE BY MOTOR VEHICLES TRAVELING THROUGH OR AROUND A WORK
 AREA; OR
   (B) FAILS TO OBEY TRAFFIC CONTROL  DEVICES  CONTROLLING  THE  FLOW  OF
 MOTOR VEHICLES THROUGH THE WORK AREA FOR ANY REASON OTHER THAN:
   (I) AN EMERGENCY;
   (II) THE AVOIDANCE OF AN OBSTACLE; OR
   (III) THE PROTECTION OF THE HEALTH AND SAFETY OF ANOTHER PERSON.
   2.  (A)  A  PERSON  WHO VIOLATES THIS SECTION WHERE THE HIGHWAY WORKER
 SUFFERS NO PHYSICAL INJURY SHALL BE FINED NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS AND NOT LESS THAN FIVE HUNDRED DOLLARS.
   (B)  A  PERSON  WHO  VIOLATES  THIS  SECTION  WHERE THE HIGHWAY WORKER
 SUFFERS PHYSICAL INJURY AND THE VIOLATION WAS THE SOLE  PROXIMATE  CAUSE
 OF  THE INJURY SHALL BE FINED NOT MORE THAN TWO THOUSAND DOLLARS AND NOT
 LESS THAN ONE THOUSAND DOLLARS.
   (C) A PERSON WHO  VIOLATES  THIS  SECTION  WHERE  THE  HIGHWAY  WORKER
 SUFFERS  SERIOUS  PHYSICAL  INJURY,  AS  DEFINED IN SECTION 10.00 OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11883-01-9

 A. 8208                             2
 
 PENAL LAW AND THE VIOLATION WAS THE SOLE PROXIMATE CAUSE OF  THE  INJURY
 SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS AND NOT LESS THAN TWO
 THOUSAND DOLLARS.
   3.  ANY FINE IMPOSED PURSUANT TO THIS SECTION IS MANDATORY AND MAY NOT
 BE WAIVED OR REDUCED BELOW THE MINIMUM AS PROVIDED IN SUBDIVISION TWO OF
 THIS SECTION. SIXTY PERCENT OF FINES COLLECTED PURSUANT TO THIS  SECTION
 SHALL  BE PAID TO THE WORK ZONE SAFETY FUND ESTABLISHED BY SECTION NINE-
 TY-NINE-HH OF THE STATE FINANCE LAW.
   4. NO PERSON SHALL BE CITED FOR ENDANGERMENT OF A HIGHWAY  WORKER  FOR
 ANY  ACT  OR  OMISSION  OTHERWISE  CONSTITUTING  A  VIOLATION UNDER THIS
 SECTION IF THE ACT OR OMISSION  RESULTS,  IN  WHOLE  OR  IN  PART,  FROM
 MECHANICAL  FAILURE OF THE PERSON'S MOTOR VEHICLE OR FROM THE NEGLIGENCE
 OF A HIGHWAY WORKER OR ANOTHER PERSON.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1221-b to read as follows:
   § 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE,  UPON  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION,
 THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER,  THE  CHAIRMAN  OF
 THE  NEW  YORK  STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCEMENT AGENCIES,
 AND REPRESENTATIVES FOR CONTRACTORS,  LABORERS,  AND  PUBLIC  EMPLOYEES,
 SHALL  DESIGN  AND  IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO
 INCREASE MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK ZONE SAFE-
 TY, TO REDUCE THE NUMBER OF WORK  ZONE  INCIDENTS,  INCLUDING  SPEEDING,
 UNAUTHORIZED  INTRUSIONS  INTO  WORK ZONES, AND ANY CONDUCT RESULTING IN
 THREATS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK
 ZONE SAFETY.
   § 3. Section 161 of the vehicle and traffic law, as added  by  chapter
 92  of  the laws of 1984 and as renumbered by chapter 303 of the laws of
 2014, is amended to read as follows:
   § 161. Work area OR WORK ZONE. [That part of a highway being  used  or
 occupied  for  the  conduct of highway work, within which workers, vehi-
 cles, equipment, materials, supplies, excavations, or other obstructions
 are present.] AN AREA OF A HIGHWAY, BRIDGE, SHOULDER, MEDIAN, OR ASSOCI-
 ATED RIGHT-OF-WAY, WHERE CONSTRUCTION, MAINTENANCE, UTILITY WORK,  ACCI-
 DENT  RESPONSE,  OR OTHER INCIDENT RESPONSE IS BEING PERFORMED. THE WORK
 AREA MUST BE MARKED BY SIGNS, TRAFFIC CONTROL  DEVICES,  TRAFFIC-CONTROL
 SIGNALS,  BARRIERS, PAVEMENT MARKINGS, AUTHORIZED EMERGENCY VEHICLES, OR
 HAZARD VEHICLES, AND EXTENDS  FROM  THE  FIRST  TRAFFIC  CONTROL  DEVICE
 ERECTED  FOR  PURPOSES OF CONTROLLING THE FLOW OF MOTOR VEHICLES THROUGH
 THE WORK AREA, INCLUDING SIGNS REDUCING THE NORMAL SPEED LIMIT,  TO  THE
 "END  ROAD  WORK" SIGN OR THE LAST TEMPORARY TRAFFIC CONTROL DEVICE. THE
 SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC CONTROL SIGNALS, BARRIERS, PAVE-
 MENT MARKINGS, OR AUTHORIZED EMERGENCY VEHICLES, OR HAZARD VEHICLES MUST
 MEET DEPARTMENT OF TRANSPORTATION STANDARDS AND THE PROVISIONS  OF  THIS
 CHAPTER, AND MUST BE INSTALLED PROPERLY.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 118-a to read as follows:
   § 118-A. HIGHWAY WORKER. 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 PERFORM WORK ON A HIGHWAY,
 INCLUDING MAINTENANCE, REPAIR,  FLAGGING,  UTILITY  WORK,  CONSTRUCTION,
 RECONSTRUCTION  OR  OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC-
 TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL  ALSO
 INCLUDE  ANY  FLAGPERSON  AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF
 THIS ARTICLE.

 A. 8208                             3
 
   § 5. Section 22 of the transportation law, as added by chapter 223  of
 the laws of 2005, is amended to read as follows:
   § 22. Work zone safety and enforcement. The department shall, in coop-
 eration  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  AND PUBLIC EMPLOYEES, develop and implement rules and regu-
 lations for the increased safety of work zones.  Such  rules  and  regu-
 lations shall include, but shall not be limited to, a police presence at
 all  major  active  work  zones  as defined by rules and regulations set
 forth by the commissioner, the use of radar speed display signs  at  all
 major active work zones as defined by rules and regulations set forth by
 the commissioner, and a system for reviewing work zone safety and design
 for all work zones under the jurisdiction of the department.
   § 6. The state finance law is amended by adding a new section 99-hh to
 read as follows:
   §  99-HH. WORK ZONE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
 AND  FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS THE "WORK ZONE SAFETY
 FUND."
   2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS  PURPOSE,
 ALL  MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE
 PAID INTO OR CREDITED TO SUCH FUND, COLLECTED  BY  THE  MANDATORY  FINES
 IMPOSED  PURSUANT  TO SECTION TWELVE HUNDRED TWENTY-ONE-A OF THE VEHICLE
 AND TRAFFIC LAW.
   3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  PROVIDE
 WORK  AREA  SAFETY  ENFORCEMENT, WORK AREA MARKINGS, RADAR SPEED DISPLAY
 SIGNS, AND POLICE MONITORING OF WORK AREAS PURSUANT TO  SECTION  TWENTY-
 TWO  OF  THE TRANSPORTATION LAW. SUCH MONIES SHALL BE USED TO SUPPLEMENT
 AND NOT SUPPLANT  ANY  OTHER  FUNDS  WHICH  WOULD  OTHERWISE  HAVE  BEEN
 EXPENDED FOR WORK ZONE SAFETY AND ENFORCEMENT.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.