The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3957
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by Sens. KENNEDY, BOYLE, GAUGHRAN, KAMINSKY, SKOUFIS -- read
   twice and ordered printed, and when printed to  be  committed  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 DRIVER OF A MOTOR
 VEHICLE COMMITS ENDANGERMENT OF A HIGHWAY WORKER IF THE DRIVER IS  OPER-
 ATING  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  WORK-
 ERS ARE IN THE WORK AREA AND DOES ANY OF THE FOLLOWING:
   (A)  ENTERS  A WORK AREA IN ANY LANE NOT CLEARLY DESIGNATED FOR USE BY
 MOTOR VEHICLES; 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 DRIVER OF A MOTOR VEHICLE WHO VIOLATES THIS SECTION SHALL BE
 GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN ONE
 THOUSAND DOLLARS AND NOT LESS THAN FIVE HUNDRED DOLLARS OR BY  IMPRISON-
 MENT  FOR  NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISON-
 MENT.
   (B) A DRIVER OF A MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS  DEFINED
 IN  ARTICLE  TEN  OF  THE PENAL LAW TO A HIGHWAY WORKER IN THE WORK AREA
 WHILE VIOLATING PARAGRAPH ONE OF THIS SECTION SHALL BE GUILTY OF A TRAF-
 FIC INFRACTION PUNISHABLE BY A  FINE  OF  NOT  MORE  THAN  TWO  THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01824-02-1

 S. 3957                             2
 
 DOLLARS  AND  NOT  LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR
 NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (C)  A DRIVER OF A MOTOR VEHICLE WHO CAUSES SERIOUS PHYSICAL INJURY AS
 DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE  WORK
 AREA  WHILE VIOLATING PARAGRAPH ONE OF THIS SECTION SHALL BE GUILTY OF A
 TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN  FIVE  THOUSAND
 DOLLARS  AND  NOT  LESS THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR
 NOT MORE THAN NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
   3. IN ANY CASE WHEREIN THE CHARGE LAID  BEFORE  THE  COURT  ALLEGES  A
 VIOLATION  OF  THIS  SECTION,  ANY  PLEA OF GUILTY THEREAFTER ENTERED IN
 SATISFACTION OF SUCH CHARGE MUST INCLUDE THE FINE  IMPOSED  PURSUANT  TO
 THIS  SECTION  AND NO OTHER PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS-
 FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED,  HOWEVER,  IF  THE
 PROSECUTING  ATTORNEY, UPON REVIEWING THE AVAILABLE EVIDENCE, DETERMINES
 THAT THE CHARGE OF A VIOLATION OF THIS SECTION IS  NOT  WARRANTED,  SUCH
 PROSECUTING  ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION
 BY PLEA OF GUILTY TO ANOTHER CHARGE  IN  SATISFACTION  OF  SUCH  CHARGE;
 PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE
 RECORD  THE BASIS FOR SUCH DISPOSITION. SUCH FINE SHALL 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 NINETY-NINE-
 II OF THE STATE FINANCE LAW.
   4.  NO  PERSON SHALL BE GUILTY OF 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.
   5.  NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE IMPOSITION OF
 A CHARGE OF ANY OTHER OFFENSE SET FORTH IN THIS OR ANY  OTHER  PROVISION
 OF LAW FOR ANY ACTS ARISING OUT OF THE SAME INCIDENT.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1221-b to read as follows:
   § 1221-B. WORK AREA 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 AREA SAFE-
 TY,  TO  REDUCE  THE  NUMBER OF WORK AREA INCIDENTS, INCLUDING SPEEDING,
 UNAUTHORIZED INTRUSIONS INTO WORK AREAS, AND ANY  CONDUCT  RESULTING  IN
 HAZARDS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK
 AREA 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.] THE AREA OF A HIGHWAY, BRIDGE, SHOULDER, MEDIAN, OR ASSO-
 CIATED RIGHT-OF-WAY,  WHERE  CONSTRUCTION,  MAINTENANCE,  UTILITY  WORK,
 ACCIDENT  RESPONSE,  OR  OTHER INCIDENT RESPONSE IS BEING PERFORMED. THE
 WORK AREA MUST BE MARKED BY SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC-CON-
 TROL SIGNALS, BARRIERS, PAVEMENT MARKINGS,  AUTHORIZED  EMERGENCY  VEHI-
 CLES,  OR  HAZARD  VEHICLES,  AND EXTENDS FROM THE FIRST TRAFFIC CONTROL

 S. 3957                             3
 
 DEVICE ERECTED FOR PURPOSES OF CONTROLLING THE FLOW  OF  MOTOR  VEHICLES
 THROUGH  THE  WORK AREA, INCLUDING SIGNS REDUCING THE NORMAL SPEED LIMIT
 BUT EXCLUDING SIGNS NOTIFYING MOTORISTS  OF  AN  IMPENDING  SPEED  LIMIT
 REDUCTION,  TO  THE  "END  ROAD WORK" SIGN OR THE LAST TEMPORARY TRAFFIC
 CONTROL DEVICE. THE SIGNS,  TRAFFIC  CONTROL  DEVICES,  TRAFFIC  CONTROL
 SIGNALS,  BARRIERS, PAVEMENT 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 SO THAT
 THEY ARE CLEARLY VISIBLE TO MOTORISTS IN ACCORDANCE WITH THE  MANUAL  ON
 UNIFORM TRAFFIC CONTROL DEVICES.
   §  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,  INSPECTION,
 CONSTRUCTION, RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY
 INFRASTRUCTURE  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.
   §  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-ii to
 read as follows:
   § 99-II. WORK ZONE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
 CUSTODY OF THE STATE COMPTROLLER A SPECIAL 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, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ANY INTER-
 EST RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT IN  THE  WORK  ZONE
 SAFETY FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
   3.  MONIES  OF THE FUND SHALL, FOLLOWING APPROPRIATION BY THE LEGISLA-
 TURE, BE DISBURSED TO PROVIDE WORK ZONE SAFETY  ENFORCEMENT,  WORK  ZONE
 MARKINGS, RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES
 PURSUANT  TO SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. MONIES OF THE
 FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES LISTED IN  THIS  PARAGRAPH,
 AND  SHALL NOT BE USED TO SUPPLANT ANY OTHER FUNDS WHICH WOULD OTHERWISE
 HAVE BEEN EXPENDED FOR WORK ZONE SAFETY AND ENFORCEMENT, INCLUDING WITH-

 S. 3957                             4

 OUT LIMITATION WORK ZONE SAFETY ENFORCEMENT, WORK ZONE  MARKINGS,  RADAR
 SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER.
   5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER OF THE ASSEMBLY, AND CHAIRS OF THE ASSEMBLY AND SENATE TRANSPORTATION
 COMMITTEES,  THE  AMOUNT OF MONEY DEPOSITED IN THE WORK ZONE SAFETY FUND
 DURING THE PRECEDING CALENDAR YEAR AS  THE  RESULT  OF  REVENUE  DERIVED
 PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED TWENTY-ONE-A OF THE VEHICLE
 AND TRAFFIC LAW.
   6.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE DIRECTOR OF
 THE DIVISION OF BUDGET, IN CONSULTATION WITH THE RELEVANT  AGENCIES  AND
 AUTHORITIES,  SHALL  PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT
 OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE AND ASSEMBLY
 TRANSPORTATION COMMITTEES, THE STATE COMPTROLLER AND  THE  PUBLIC.  SUCH
 REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (I)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF DISBURSEMENTS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH DISBURSEMENTS WERE MADE; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL  RESULTS  OF  THE  PRIOR  FISCAL
 YEAR.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.