Senate Bill S6417A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6417--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the highway law, in relation to establishing  a  highway
   safety  corridor  on the Southern State Parkway located in Long Island
   and to making conforming changes; and to amend the vehicle and traffic
   law, in relation to additional penalties and misdemeanors for  traffic
   infractions committed within a safety corridor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Article 13 of the highway law is redesignated  article  15
 and  sections  350, 351, 351-a, 352, 353 and 354 are renumbered sections
 400, 401, 402, 403, 404 and 405.
   § 2. The highway law is amended by adding a new article 13 to read  as
 follows:
                                 ARTICLE 13
                         HIGHWAY SAFETY CORRIDORS
 SECTION 375. STATEMENT OF INTENT.
         375-A. DEFINITIONS.
         375-B.  SAFETY  CORRIDORS;  ENGINEERING INVESTIGATION AND DESIG-
                  NATION REQUIRED.
         375-C. TRAFFIC SIGNS.
         375-D. REPORT.
   § 375. STATEMENT OF INTENT. THE  LEGISLATURE  HEREBY  FINDS  THAT  THE
 SOUTHERN  STATE  PARKWAY  IS  ONE  OF THE MOST DANGEROUS PARKWAYS IN THE
 COUNTRY, AND THAT ADDITIONAL LEGISLATIVE ACTION IS NECESSARY TO INCREASE
 PUBLIC SAFETY. CONSTRUCTION OF THE SOUTHERN STATE PARKWAY BEGAN IN NINE-
 TEEN HUNDRED TWENTY-FIVE, AFTER BEING DESIGNED BY ROBERT MOSES. PORTIONS
 OF THE PARKWAY OPENED TO TRAFFIC  NEARLY  A  CENTURY  AGO,  IN  NINETEEN
 HUNDRED  TWENTY-SEVEN. AS REPORTED IN THE DEPARTMENT OF TRANSPORTATION'S

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

                                                            LBD10456-02-1

 S. 6417--A                          2
 
 SOUTHERN STATE PARKWAY SIGNAGE AND RAMP CONFIGURATION STUDY ON WRONG-WAY
 DRIVING, IT IS NOW ONE OF LONG  ISLAND'S  BUSIEST  ROADS,  ACCOMMODATING
 UPWARDS  OF  TWO  HUNDRED  THOUSAND VEHICLES PER DAY TRAVELING AT SPEEDS
 EXCEEDING  SIXTY-FIVE  MILES  PER HOUR. WHILE THE DEPARTMENT AND FEDERAL
 GOVERNMENT HAVE INVESTED SIGNIFICANTLY  IN  DRIVER  WARNING  TREATMENTS,
 MAINTENANCE,  AND  OTHER  INFRASTRUCTURE  IMPROVEMENTS  IN RECENT YEARS,
 THERE HAVE BEEN AT LEAST SEVEN WRONG-WAY DRIVER CRASHES  OVER  THE  PAST
 TEN  YEARS, AS WELL AS MORE THAN SEVENTEEN HUNDRED CRASHES AND MORE THAN
 A DOZEN FATALITIES OVER THE PAST TWO  YEARS,  LEADING  TO  THE  SOUTHERN
 STATE  PARKWAYS  BEING REGARDED AS ONE OF THE MOST DANGEROUS STATE PARK-
 WAYS IN THE UNITED STATES. MANY OF THE STUDIES AND POLICE REPORTS  INDI-
 CATE  THAT  THESE CRASHES AND FATALITIES ARE RELATED TO DRIVER BEHAVIOR.
 BASED ON THE FINDINGS AFTER REVIEWING STUDIES AND CURRENT INFRASTRUCTURE
 PROJECTS, IT IS THEREFORE THE INTENT OF THE LEGISLATURE  TO  ENACT  THIS
 ARTICLE  TO IMPROVE SAFETY IN TARGETED HIGH CRASH LOCATIONS BY AUTHORIZ-
 ING THE SOUTHERN STATE PARKWAY OR PORTIONS THEREOF TO BE DESIGNATED AS A
 HIGHWAY SAFETY CORRIDOR WHEREIN MOTORISTS WOULD BE SUBJECT TO  INCREASED
 LEVELS  OF POLICE ENFORCEMENT AND INCREASED PENALTIES FOR SAFETY-RELATED
 MOVING VIOLATIONS.
   § 375-A. DEFINITIONS.  AS USED IN THIS ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "HIGHWAY  SAFETY  CORRIDOR"  OR  "CORRIDOR"  MEANS  THE PORTION OR
 PORTIONS OF A ROADWAY DETERMINED BY A TRAFFIC STUDY TO BE IDENTIFIED  AS
 A CORRIDOR FOR PURPOSES OF PLACING ADDITIONAL SIGNAGE, INCREASING POLICE
 PRESENCE,  AND  INCREASING PENALTIES AVAILABLE FOR THE PURPOSE OF ELIMI-
 NATING OR REDUCING UNSAFE DRIVER BEHAVIORS.  PROVIDED FURTHER THAT  SUCH
 CORRIDOR  SHALL  BE LIMITED TO THE SOUTHERN STATE PARKWAY OR PORTIONS OF
 SUCH PARKWAY CONTAINED THEREIN.
   2. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD"  SHALL  MEAN
 THE  MANUAL  AND  SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
 DEVICES MAINTAINED BY  THE  COMMISSIONER  PURSUANT  TO  SECTION  SIXTEEN
 HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW.
   §  375-B.  SAFETY CORRIDORS; ENGINEERING INVESTIGATION AND DESIGNATION
 REQUIRED. THE COMMISSIONER IS HEREBY AUTHORIZED TO DESIGNATE A  CORRIDOR
 OR  CORRIDORS  AS  DESCRIBED  IN SECTION THREE HUNDRED SEVENTY-FIVE-A OF
 THIS ARTICLE AS A HIGHWAY SAFETY CORRIDOR, IN WHICH WHICH ANY  VIOLATION
 OF  TITLE  SEVEN  OF THE VEHICLE AND TRAFFIC LAW OR ANY LOCAL LAW, ORDI-
 NANCE, ORDER RULE OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO
 TRAFFIC COMMITTED WITHIN THE CORRIDOR IS SUBJECT TO INCREASED  PENALTIES
 IN  ACCORDANCE  WITH  SECTIONS  EIGHTEEN  HUNDRED-A AND EIGHTEEN HUNDRED
 ONE-A OF THE VEHICLE AND TRAFFIC LAW. THE  COMMISSIONER  SHALL  ONLY  BE
 EMPOWERED TO DESIGNATE SUCH A CORRIDOR OR CORRIDORS AFTER COMPLETING:
   1.  A  CRASH  ANALYSIS  OF CANDIDATE CORRIDOR LOCATIONS THAT INDICATES
 THAT, FOR THE PRECEDING FIVE YEARS, CRASHES AND OTHER INDICATORS RELATED
 TO TARGETED DRIVING BEHAVIORS EXCEEDS THRESHOLDS FOR THE NUMBER OF CRAS-
 HES OR THE RATE OF CRASHES AND OTHER INDICATORS FOR COMPARABLE  ROADWAYS
 OR ROADWAY PORTIONS AS DETERMINED BY THE DEPARTMENT.
   2.  A CERTIFICATION THAT THE CORRIDOR MEETS THE GEOMETRIC REQUIREMENTS
 NEEDED TO ALLOW FOR SAFE PATROLLING BY LAW ENFORCEMENT OFFICERS AS  WELL
 AS SUITABLE SHOULDERS AND ROADWAY SPACE AVAILABLE FOR LAW ENFORCEMENT TO
 MAKE TRAFFIC STOPS.
   3.  A  CERTIFICATION THAT THE CORRIDOR HAS ADEQUATE SPACE AND RIGHT OF
 WAY FOR THE INSTALLATION OF THE TRAFFIC SIGNS SPECIFIED IN THIS ARTICLE.
   4. A WRITTEN AGREEMENT FROM LAW ENFORCEMENT AGENCIES  RESPONSIBLE  FOR
 HIGHWAY  PATROL  ALONG THE CORRIDOR TO PROVIDE INCREASED POLICE PRESENCE
 AND ENFORCEMENT WITHIN THE LIMITS OF THE SAFETY CORRIDOR.

 S. 6417--A                          3
 
   § 375-C. TRAFFIC SIGNS. INCREASED PENALTIES  IN  ACCORDANCE  WITH  THE
 SCHEDULE ESTABLISHED IN SECTIONS EIGHTEEN HUNDRED-A AND EIGHTEEN HUNDRED
 ONE-A  OF  THE  VEHICLE  AND  TRAFFIC LAW MAY NOT BE APPLIED IN A SAFETY
 CORRIDOR UNLESS A SIGN READING "SAFETY CORRIDOR-FINES DOUBLED" AND INDI-
 CATING  THE  DISTANCE  FOR WHICH THE INCREASED PENALTIES APPLY IS POSTED
 AND A SIGN READING "END FINES DOUBLED CORRIDOR" IS POSTED AT THE END  OF
 EACH  HIGHWAY  SAFETY  CORRIDOR.  THE  COMMISSIONER  SHALL  INSTALL SUCH
 SIGNAGE GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS  THAT  THEY
 ARE  ENTERING  OR EXITING A HIGHWAY SAFETY CORRIDOR, IN CONFORMANCE WITH
 STANDARDS ESTABLISHED IN THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
   § 375-D. REPORT. IF THE  COMMISSIONER  ESTABLISHES  A  HIGHWAY  SAFETY
 CORRIDOR  OR  CORRIDORS,  THE COMMISSIONER SHALL REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY
 WITHIN  ONE  YEAR  OF THE EFFECTIVE DATE OF THIS ARTICLE, AND BY JANUARY
 FIRST EACH YEAR THEREAFTER ON THE IMPLEMENTATION OF THIS  PROGRAM.  SUCH
 REPORT SHALL INCLUDE:
   1.  THE  LOCATIONS WHERE AND DATES WHEN A HIGHWAY SAFETY CORRIDOR WERE
 ESTABLISHED;
   2. THE AGGREGATE NUMBER, TYPE AND  SEVERITY  OF  CRASHES,  FATALITIES,
 INJURIES  AND PROPERTY DAMAGE REPORTED WITHIN ALL PARKWAYS IN THE STATE,
 TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER  OR  THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   3.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL HIGHWAY  SAFETY  CORRI-
 DORS  IN  THE  STATE, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
 COMMISSIONER OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   4. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER  OR
 THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE NUMBER OF VIOLATIONS
 OF  ANY  SECTION  OF  TITLE  SEVEN OF THE VEHICLE AND TRAFFIC LAW OR ANY
 LOCAL LAW, ORDINANCE, ORDER RULE OR REGULATION MADE BY LOCAL AUTHORITIES
 IN RELATION TO TRAFFIC COMMITTED WITHIN ALL PARKWAYS IN THE STATE;
   5. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER  OR
 THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE NUMBER OF VIOLATIONS
 OF  ANY  SECTION  OF  TITLE  SEVEN OF THE VEHICLE AND TRAFFIC LAW OR ANY
 LOCAL LAW, ORDINANCE, ORDER RULE OR REGULATION MADE BY LOCAL AUTHORITIES
 IN RELATION TO TRAFFIC COMMITTED WITHIN ALL HIGHWAY SAFETY CORRIDORS  IN
 THE STATE;
   6.  THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
 DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE  FOR  VIOLATIONS  IN
 HIGHWAY  SAFETY CORRIDORS IN THE STATE, TO THE EXTENT THE INFORMATION IS
 MAINTAINED BY THE COMMISSIONER OR THE DEPARTMENT OF  MOTOR  VEHICLES  OF
 THIS STATE;
   7.  THE  TOTAL  AMOUNT  OF REVENUE REALIZED BY THE STATE IN CONNECTION
 WITH THE PROGRAM;
   8. THE EXPENSES INCURRED BY THE STATE IN CONNECTION WITH THE  PROGRAM;
 AND
   9. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE STATE ON SAFETY CORRI-
 DOR PROJECTS IN ACCORDANCE WITH SECTIONS EIGHTEEN HUNDRED-A AND EIGHTEEN
 HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW.
   §  3.  Section 401 of the highway law, as renumbered by section one of
 this act, is amended to read as follows:
   § 401. Saving clause. The repeal of a law,  as  specified  in  section
 [three  hundred and fifty-three] FOUR HUNDRED FOUR OF THIS ARTICLE shall
 not affect or impair any contract, or any act done, or  right  accruing,
 accrued  or  acquired or any penalty, forfeiture, or punishment incurred
 prior to the time when this chapter or any section thereof takes effect,

 S. 6417--A                          4
 
 under or by virtue of  the  laws  so  repealed,  but  the  same  may  be
 asserted,  enforced,  prosecuted, or inflicted, as fully and to the same
 extent, as if such laws had not been repealed.
   §  4.  Section  402 of the highway law, as added by chapter 506 of the
 laws of 1936 and as renumbered by section one of this act, is amended to
 read as follows:
   § 402. Effect of amendments to and repeals of provisions of the former
 highway law. 1. An act of the legislature of the year  nineteen  hundred
 thirty-six  which,  in  form,  amends or repeals or purports to amend or
 repeal any provision or provisions of the former highway  law  shall  be
 legally  effective notwithstanding the repeal of such former highway law
 by section  [three  hundred  fifty-three]  FOUR  HUNDRED  FOUR  OF  THIS
 ARTICLE,  and  shall be construed as an amendment or repeal, as the case
 may be, of the corresponding provision or  provisions  of  this  chapter
 irrespective  of  whether  such provision or provisions are contained in
 this chapter in one or more than one article,  section,  subdivision  or
 other  part thereof and such corresponding provision or provisions shall
 be deemed amended, modified, changed or repealed as though the same  had
 been expressly and in terms so amended or repealed.
   2.  An  act of the legislature of the year nineteen hundred thirty-six
 which adds or purports to add a new  article,  section,  subdivision  or
 other provision of law to the former highway law shall be legally effec-
 tive  notwithstanding  the  repeal of such former highway law by section
 [three hundred fifty-three] FOUR HUNDRED FOUR OF THIS ARTICLE and  shall
 be  construed  as  having  been added to this chapter and shall be given
 full effect according to its context as  if  the  same  had  been  added
 expressly  and in terms to this chapter and shall be deemed to have been
 inserted in this chapter in juxtaposition to and as modifying the effect
 of the corresponding provision or provisions of this chapter.
   3. The repeal of such former highway law  by  section  [three  hundred
 fifty-three] FOUR HUNDRED FOUR OF THIS ARTICLE shall not be construed to
 impair  or affect the validity of any act of the legislature of the year
 nineteen hundred thirty-six  relating  to  highways,  roads  or  bridges
 because  of  any  reference to or dependency on such former law but such
 act shall be construed in connection with  this  chapter  as  though  in
 terms and in effect such act referred to or dependent upon this chapter.
   § 5. The vehicle and traffic law is amended by adding two new sections
 1800-a and 1801-a to read as follows:
   § 1800-A. ADDITIONAL PENALTIES FOR TRAFFIC INFRACTIONS COMMITTED WITH-
 IN A SAFETY CORRIDOR. 1. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGH-
 TEEN HUNDRED OF THIS ARTICLE AND ANY RULE OR REGULATION TO THE CONTRARY,
 EVERY  PERSON  CONVICTED  OF A TRAFFIC INFRACTION FOR A VIOLATION OF ANY
 SECTION OF TITLE SEVEN OF THIS CHAPTER  OR  ANY  LOCAL  LAW,  ORDINANCE,
 ORDER  RULE OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO TRAF-
 FIC COMMITTED WITHIN A SAFETY CORRIDOR AS DESIGNATED BY ARTICLE THIRTEEN
 OF THE HIGHWAY LAW SHALL BE SUBJECT TO A FINE THAT IS TWICE THE  MAXIMUM
 FINE AMOUNT OTHERWISE SET FORTH IN THIS CHAPTER FOR SUCH INFRACTION.
   2.  WITH  RESPECT  TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE
 CITY, TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE  LIABIL-
 ITY OCCURRED, THE PORTION OF THE FINES OR PENALTIES PAID THAT EXCEED THE
 MAXIMUM FINE AMOUNT SET FORTH IN THIS CHAPTER IN ADDITION TO SUBDIVISION
 ONE OF THIS SECTION SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND
 DETAIL  AS  THE COMPTROLLER SHALL PROVIDE AND PAID BY THE COMPTROLLER TO
 THE GENERAL FUND. WITH RESPECT TO THE PERCENTAGE OF ADDITIONAL FINES  OR
 PENALTIES  PAID  TO THE GENERAL FUND PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION, ONE HUNDRED PERCENT SHALL BE DEDICATED TO DEPARTMENT OF  TRANS-

 S. 6417--A                          5
 
 PORTATION  SAFETY  CORRIDOR PROJECTS AFTER DEDUCTING THE EXPENSES NECES-
 SARY TO ADMINISTER SUCH PROGRAM,  PROVIDED,  HOWEVER,  THAT  SUCH  FUNDS
 PROVIDED  PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE ON THE AUDIT AND
 WARRANT  OF THE COMPTROLLER AND SHALL ONLY BE USED TO SUPPLEMENT AND NOT
 SUPPLANT  CURRENT  EXPENDITURES  OF  STATE  FUNDS  ON  SAFETY   CORRIDOR
 PROJECTS.   FOR PURPOSES OF THIS SUBDIVISION, "SAFETY CORRIDOR PROJECTS"
 SHALL APPLY TO SAFETY CORRIDORS DESIGNATED BY ARTICLE  THIRTEEN  OF  THE
 HIGHWAY  LAW  AND SHALL INCLUDE, BUT NOT BE LIMITED TO, INCREASED POLICE
 PRESENCE, INSPECTION AND IMPLEMENTATION OF SAFETY CORRIDOR DESIGN, MAIN-
 TENANCE, AND TRAFFIC PLANS AND MARKINGS, ENFORCEMENT EFFORTS, AND  RADAR
 SPEED DISPLAY SIGNS.
   §  1801-A.  ADDITIONAL  PENALTIES  FOR MISDEMEANORS COMMITTED WITHIN A
 SAFETY CORRIDOR. 1. NOTWITHSTANDING THE PROVISIONS OF  SECTION  EIGHTEEN
 HUNDRED  ONE OF THIS ARTICLE AND ANY RULE OR REGULATION TO THE CONTRARY,
 EVERY PERSON CONVICTED OF A MISDEMEANOR FOR A VIOLATION OF  ANY  SECTION
 OF  TITLE  SEVEN OF THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER RULE
 OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC COMMITTED
 WITHIN A SAFETY CORRIDOR AS DESIGNATED BY ARTICLE THIRTEEN OF THE  HIGH-
 WAY LAW SHALL BE SUBJECT TO A FINE THAT IS TWICE THE MAXIMUM FINE AMOUNT
 OTHERWISE SET FORTH IN THIS CHAPTER FOR SUCH MISDEMEANOR.
   2.  WITH  RESPECT  TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE
 CITY, TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE  LIABIL-
 ITY OCCURRED, THE PORTION OF THE FINES OR PENALTIES PAID THAT EXCEED THE
 MAXIMUM FINE AMOUNT SET FORTH IN THIS CHAPTER IN ADDITION TO SUBDIVISION
 ONE OF THIS SECTION SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND
 DETAIL  AS  THE COMPTROLLER SHALL PROVIDE AND PAID BY THE COMPTROLLER TO
 THE GENERAL FUND. WITH RESPECT TO THE PERCENTAGE OF ADDITIONAL FINES  OR
 PENALTIES  PAID  TO THE GENERAL FUND PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION, ONE HUNDRED PERCENT SHALL BE DEDICATED TO DEPARTMENT OF  TRANS-
 PORTATION  SAFETY  CORRIDOR PROJECTS AFTER DEDUCTING THE EXPENSES NECES-
 SARY TO ADMINISTER SUCH PROGRAM,  PROVIDED,  HOWEVER,  THAT  SUCH  FUNDS
 PROVIDED  PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE ON THE AUDIT AND
 WARRANT OF THE COMPTROLLER AND SHALL ONLY BE USED TO SUPPLEMENT AND  NOT
 SUPPLANT   CURRENT  EXPENDITURES  OF  STATE  FUNDS  ON  SAFETY  CORRIDOR
 PROJECTS.  FOR PURPOSES OF THIS SUBDIVISION, "SAFETY CORRIDOR  PROJECTS"
 SHALL  APPLY  TO  SAFETY CORRIDORS DESIGNATED BY ARTICLE THIRTEEN OF THE
 HIGHWAY LAW AND SHALL INCLUDE, BUT NOT BE LIMITED TO,  INCREASED  POLICE
 PRESENCE, INSPECTION AND IMPLEMENTATION OF SAFETY CORRIDOR DESIGN, MAIN-
 TENANCE,  AND TRAFFIC PLANS AND MARKINGS, ENFORCEMENT EFFORTS, AND RADAR
 SPEED DISPLAY SIGNS.
   § 6. This act shall take effect on the one hundred eightieth 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 are authorized to be made and
 completed on or before such date.