S T A T E   O F   N E W   Y O R K
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                                  6094--A
     Cal. No. 500
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, KAMINSKY, SKOUFIS -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Trans-
   portation -- recommitted to the Committee on Transportation in accord-
   ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
   committee,  ordered  to  first  and  second  report, amended on second
   report, ordered to a third reading, and to be  reprinted  as  amended,
   retaining its place in the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11883-02-0

 S. 6094--A                          2
 
   (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
 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-
 HH 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,

 S. 6094--A                          3

 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
 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-hh to
 read as follows:
   § 99-HH. 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

 S. 6094--A                          4
 
 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-
 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.