S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    229
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. MAGNARELLI, WOERNER, STECK, JACOBSON -- read once
   and referred to the Committee on Transportation
 
 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 PERSON COMMITS ENDAN-
 GERMENT  OF  A HIGHWAY WORKER IF THE PERSON IS OPERATING 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 WORKERS ARE IN THE WORK AREA AND
 DOES ANY OF THE FOLLOWING:
   (A)  DRIVES  THROUGH  OR  AROUND  A  WORK AREA IN ANY LANE NOT CLEARLY
 DESIGNATED FOR USE BY MOTOR VEHICLES TRAVELING THROUGH OR AROUND A  WORK
 AREA; 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 PERSON WHO VIOLATES THIS SECTION  WHERE  THE  HIGHWAY  WORKER
 SUFFERS  NO  PHYSICAL  INJURY  SHALL BE FINED NOT MORE THAN ONE THOUSAND
 DOLLARS AND NOT LESS THAN FIVE HUNDRED DOLLARS.
   (B) A PERSON WHO  VIOLATES  THIS  SECTION  WHERE  THE  HIGHWAY  WORKER
 SUFFERS  PHYSICAL  INJURY AND THE VIOLATION WAS THE SOLE PROXIMATE CAUSE
 OF THE INJURY SHALL BE FINED NOT MORE THAN TWO THOUSAND DOLLARS AND  NOT
 LESS THAN ONE THOUSAND DOLLARS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00258-01-3
              

 A. 229                              2
 
   (C)  A  PERSON  WHO  VIOLATES  THIS  SECTION  WHERE THE HIGHWAY WORKER
 SUFFERS SERIOUS PHYSICAL INJURY, AS DEFINED  IN  SECTION  10.00  OF  THE
 PENAL  LAW  AND THE VIOLATION WAS THE SOLE PROXIMATE CAUSE OF THE INJURY
 SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS AND NOT LESS THAN TWO
 THOUSAND DOLLARS.
   3.  ANY FINE IMPOSED PURSUANT TO THIS SECTION IS MANDATORY AND MAY 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 NINE-
 TY-NINE-QQ OF THE STATE FINANCE LAW.
   4. NO PERSON SHALL BE CITED FOR 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.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1221-b to read as follows:
   § 1221-B. WORK ZONE 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 ZONE SAFE-
 TY, TO REDUCE THE NUMBER OF WORK  ZONE  INCIDENTS,  INCLUDING  SPEEDING,
 UNAUTHORIZED  INTRUSIONS  INTO  WORK ZONES, AND ANY CONDUCT RESULTING IN
 THREATS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK
 ZONE 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.] AN AREA OF A HIGHWAY, BRIDGE, SHOULDER, MEDIAN, OR ASSOCI-
 ATED RIGHT-OF-WAY, WHERE CONSTRUCTION, MAINTENANCE, UTILITY WORK,  ACCI-
 DENT  RESPONSE,  OR OTHER INCIDENT RESPONSE IS BEING PERFORMED. THE WORK
 AREA MUST BE MARKED BY SIGNS, TRAFFIC CONTROL DEVICES,  TRAFFIC  CONTROL
 SIGNALS,  BARRIERS, PAVEMENT MARKINGS, AUTHORIZED EMERGENCY VEHICLES, 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,  TO  THE
 "END  ROAD  WORK" SIGN OR THE LAST TEMPORARY TRAFFIC CONTROL DEVICE. THE
 SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC CONTROL SIGNALS, BARRIERS, PAVE-
 MENT MARKINGS, AUTHORIZED EMERGENCY VEHICLES, OR  HAZARD  VEHICLES  MUST
 MEET  DEPARTMENT  OF TRANSPORTATION STANDARDS AND THE PROVISIONS OF THIS
 CHAPTER, AND MUST BE INSTALLED PROPERLY.
   § 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, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
 A. 229                              3
 
 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-qq to
 read as follows:
   § 99-QQ. WORK ZONE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
 AND FINANCE A SPECIAL REVENUE 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.
   3.  MONIES  OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED TO PROVIDE
 WORK AREA SAFETY ENFORCEMENT, WORK AREA MARKINGS,  RADAR  SPEED  DISPLAY
 SIGNS,  AND  POLICE MONITORING OF WORK AREAS PURSUANT TO SECTION TWENTY-
 TWO OF THE TRANSPORTATION LAW. SUCH MONIES SHALL BE USED  TO  SUPPLEMENT
 AND  NOT  SUPPLANT  ANY  OTHER  FUNDS  WHICH  WOULD  OTHERWISE HAVE BEEN
 EXPENDED FOR WORK ZONE SAFETY AND ENFORCEMENT.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.