Bill Text: NY S00648 | 2019-2020 | General Assembly | Introduced

Bill Title: Requires state police presence at certain work zones.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00648 Detail]

Download: New_York-2019-S00648-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
        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
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "DJ's Law".
     3    §  2. Section 22 of the transportation law, as added by chapter 223 of
     4  the laws of 2005, is amended to read as follows:
     5    § 22. Work zone safety and enforcement. 1. The  department  shall,  in
     6  cooperation with the superintendent of state police, the commissioner of
     7  motor  vehicles,  the  chairman of the New York state thruway authority,
     8  local law enforcement agencies and representatives for  contractors  and
     9  laborers,  develop and implement rules and regulations for the increased
    10  safety of work zones. Such rules  and  regulations  shall  include,  but
    11  shall not be limited to[,]:
    12    (a)  requiring  a  police  presence  at all major active work zones as
    13  defined  by  rules  and  regulations  set  forth  by  the  commissioner,
    14  provided,  however,  that  any  construction,  repair  or striping on or
    15  around any expressway on which average daily traffic exceeds five  thou-
    16  sand  vehicles  per  day  and  the  regularly posted speed limit exceeds
    17  forty-five miles per hour shall have a New York  state  trooper  present
    18  with  a  radar  detector  and red and blue flashing lights turned on any
    19  time a work crew is present;
    20    (b) the use of radar speed display signs  at  all  major  active  work
    21  zones  as  defined by rules and regulations set forth by the commission-
    22  er[,]; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 648                              2
     1    (c) a system for reviewing work zone safety and design  for  all  work
     2  zones under the jurisdiction of the department.
     3    2.  The  department  shall  include the costs associated with policing
     4  pursuant to paragraph (a) of subdivision one of this section as part  of
     5  the  overall  project  cost  thereby  including such cost in the bidding
     6  process.  The costs shall be included and itemized under that portion of
     7  the bid labeled maintenance and protection of traffic.
     8    § 3. The executive law is amended by adding a  new  section  215-a  to
     9  read as follows:
    10    §  215-a.  State  police  at  certain work zones. 1. Any member of the
    11  state police may volunteer to work for the New York state department  of
    12  transportation,  pursuant to paragraph (a) of subdivision one of section
    13  twenty-two of the transportation law.
    14    2. Payment for such work shall be at such member's current pay  scale,
    15  provided,  however, that the New York state department of transportation
    16  shall pay such members.
    17    § 4. This act shall take effect on the one hundred twentieth day after
    18  it shall have become a law. Effective immediately, the addition,  amend-
    19  ment and/or repeal of any rule or regulation necessary for the implemen-
    20  tation of this act on its effective date are authorized to be made on or
    21  before such effective date.