Bill Text: NY S05350 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires state police presence at certain work zones.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S05350 Detail]
Download: New_York-2011-S05350-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5350
2011-2012 Regular Sessions
I N S E N A T E
May 10, 2011
___________
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
zones
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 S 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 S 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
23 (C) a system for reviewing work zone safety and design for all work
24 zones under the jurisdiction of the department.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10797-03-1
S. 5350 2
1 2. THE DEPARTMENT SHALL INCLUDE THE COSTS ASSOCIATED WITH POLICING
2 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AS PART OF
3 THE OVERALL PROJECT COST THEREBY INCLUDING SUCH COST IN THE BIDDING
4 PROCESS. THE COSTS SHALL BE INCLUDED AND ITEMIZED UNDER THAT PORTION OF
5 THE BID LABELED MAINTENANCE AND PROTECTION OF TRAFFIC.
6 S 3. The executive law is amended by adding a new section 215-a to
7 read as follows:
8 S 215-A. STATE POLICE AT CERTAIN WORK ZONES. 1. ANY MEMBER OF THE
9 STATE POLICE MAY VOLUNTEER TO WORK FOR THE NEW YORK STATE DEPARTMENT OF
10 TRANSPORTATION, PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
11 TWENTY-TWO OF THE TRANSPORTATION LAW.
12 2. PAYMENT FOR SUCH WORK SHALL BE AT SUCH MEMBER'S CURRENT PAY SCALE,
13 PROVIDED, HOWEVER, THAT THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION
14 SHALL PAY SUCH MEMBERS.
15 S 4. This act shall take effect on the one hundred twentieth day after
16 it shall have become a law. Effective immediately, the addition, amend-
17 ment and/or repeal of any rule or regulation necessary for the implemen-
18 tation of this act on its effective date is authorized to be made on or
19 before such effective date.
