S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6148

                            I N  S E N A T E

                             January 6, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Transportation

AN ACT to amend the highway law and the administrative code of the  city
  of  New  York, in relation to the control of snow and ice on roads and
  highways

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Laura's Law".
  S 2. Subdivision 2 of section 12 of the highway  law,  as  amended  by
section  3  of  part B of chapter 494 of the laws of 2009, is amended to
read as follows:
  2. The maintenance of state highways shall include the control of snow
and ice on such highways or any parts thereof, as the  commissioner  may
deem to be necessary to provide reasonable passage and movement of vehi-
cles over such highways. THE COMMISSIONER SHALL REQUIRE THAT SNOW PILES,
SNOW  DRIFTS  AND/OR  SNOW BANKS AT INTERSECTIONS ON STATE HIGHWAYS THAT
RESULT FROM THE CONTROL OF SNOW AND ICE ON SUCH  HIGHWAYS  SHALL  REMAIN
BELOW THREE FEET IN HEIGHT. The commissioner is authorized also to erect
snow  fences at suitable locations. The work of such control of snow and
ice may be done by any municipality  which  for  the  purposes  of  this
section  shall include only a county, city, town or village. The govern-
ing board or body of any such  municipality  and  the  commissioner  are
hereby  authorized to enter into an agreement for the performance of the
work of such control of snow and ice upon such terms,  rules  and  regu-
lations as may be deemed by the commissioner to be for the best interest
of  the  public.  Such agreement may provide for periodic payments based
upon a percentage of the estimated total cost. Any agreement  authorized
by  this  subdivision shall be for a term of up to five years and at the
expiration of the year preceding the last year of the term specified  in
the  agreement,  as  such  term  may be extended as herein provided, the
municipality shall notify the commissioner either (a) that it  requests,
with the approval of the commissioner, that the term of the agreement be
extended  for a specified term of up to five years or (b) it intends not

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

                                                           LBD13299-01-1

S. 6148                             2

to extend the agreement and such agreement shall expire at  the  end  of
the term. If the municipality fails to notify the commissioner as herein
provided, it shall be deemed that the municipality intends not to extend
the  agreement.  Such  agreement  may be terminated during the specified
term provided the municipality shall notify  the  commissioner  eighteen
months  prior  to such termination. If any such agreement expires, a new
agreement between the commissioner and a  municipality  may  be  entered
into  for  a  term of up to five years, with extended term or terms upon
notification as above provided. Whenever the commissioner shall deem the
work of control of snow and ice by any municipality to be inadequate  or
unsatisfactory  according  to the terms of any such agreement, he or she
may, by official order to be filed in the department, and  by  filing  a
certified  copy thereof in the office of the department of state, cancel
said agreement, and the payments thereunder provided by the state  shall
cease;  whereupon  the commissioner may carry out the work of control of
snow and ice. The official order  provided  in  this  subdivision  shall
become  effective  at the expiration of five days after the commissioner
shall mail a certified copy thereof to the clerk or other  official  who
performs  related  duties  in  such municipality. The governing board or
body of any such municipality is authorized to appropriate such  sum  as
it  deems  necessary to enable such municipality to perform the terms of
such agreement. The work of such control of snow and ice may be done  by
any  of  the methods provided in subdivision one of this section for the
work of maintenance and repair, or by a combination of such methods. Any
county is hereby authorized to enter into a contract with another  muni-
cipality  located within the same county for the performance of the work
of such control of snow and ice as a subcontractor under  any  agreement
with the commissioner as such agreement is hereinbefore provided. Moneys
received by a county under the terms of any agreement authorized by this
subdivision  shall be credited to the fund from which moneys were appro-
priated to enable the county to perform the  terms  of  such  agreement.
Moneys  so  received  by  a  town shall be credited to the highway fund.
Moneys so received by a city or village shall be credited to the general
fund.
  S 3. Section 135-a of the highway law is amended by adding a new clos-
ing paragraph to read as follows:
  ANY COUNTY OR ITS SUPERINTENDENT OF HIGHWAYS ENTERING INTO A  CONTRACT
FOR  SNOW  AND  ICE REMOVAL PURSUANT TO THIS SECTION, SHALL REQUIRE THAT
SNOW PILES, SNOW DRIFTS AND/OR SNOW BANKS  AT  INTERSECTIONS  ON  COUNTY
ROADS  THAT  RESULT FROM THE CONTROL OF SNOW AND ICE ON SUCH ROADS SHALL
REMAIN BELOW THREE FEET IN HEIGHT.
  S 4. Section 140 of the highway law is amended by adding a new  subdi-
vision 2-a to read as follows:
  2-A.  REQUIRE THAT SNOW PILES, SNOW DRIFTS AND/OR SNOW BANKS AT INTER-
SECTIONS ON TOWN HIGHWAYS THAT RESULT FROM THE CONTROL OF SNOW  AND  ICE
ON SUCH HIGHWAYS SHALL REMAIN BELOW THREE FEET IN HEIGHT.
  S  5. Subdivision 1 of section 142-c of the highway law, as amended by
chapter 561 of the laws of 1962, is amended to read as follows:
  (1) remove snow and ice from streets and sidewalks in any  village  or
portion thereof within the town, INCLUDING, BUT NOT LIMITED TO REQUIRING
THAT  SNOW  PILES, SNOW DRIFTS AND/OR SNOW BANKS AT INTERSECTIONS WITHIN
ANY VILLAGE THAT RESULT FROM THE CONTROL OF SNOW AND ICE IN SUCH VILLAGE
SHALL REMAIN BELOW THREE FEET IN HEIGHT.
  S 6. Section 16-124 of the administrative code of the city of New York
is amended to read as follows:

S. 6148                             3

  S 16-124 Removal of snow and ice from the streets.  The  commissioner,
immediately after every snowfall or the formation of ice on the streets,
shall  forthwith  cause  the  removal  of  the  same, and shall keep all
streets clean and free from obstruction, INCLUDING, BUT NOT  LIMITED  TO
KEEPING  ALL  SNOW PILES, SNOW DRIFTS AND/OR SNOW BANKS AT INTERSECTIONS
THAT RESULT FROM THE REMOVAL OF SNOW AND ICE ON THE STREETS BELOW  THREE
FEET IN HEIGHT.
  S 7. This act shall take effect immediately.