S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9490
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sens. COONEY, ADDABBO, HELMING, MATTERA, ROLISON, SKOUFIS
   -- read twice and ordered printed, and when printed to be committed 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  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.
   (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  SUBDIVISION  ONE  OF THIS SECTION SHALL BE GUILTY OF A
 TRAFFIC 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15604-01-4
              

 S. 9490                             2
 
   (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 SUBDIVISION 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-
 SS 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 CHAIR 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  SAFETY,  TO
 REDUCE  THE NUMBER OF WORK AREA INCIDENTS, INCLUDING SPEEDING, UNAUTHOR-
 IZED INTRUSIONS INTO WORK AREAS, AND ANY CONDUCT RESULTING IN HAZARDS OR
 INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK AREA SAFE-
 TY.
   § 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,
 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
 S. 9490                             3

 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]  CHAIR  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 regulations for the increased safety of work zones. Such rules
 and  regulations  shall  include,  but shall not be limited to, a police
 presence at all major active work zones as defined by  rules  and  regu-
 lations  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-ss to
 read as follows:
   § 99-SS. 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
 FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES LISTED IN THIS SUBDIVISION,
 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.
 S. 9490                             4
 
   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.