NY State Senate Bill 2019-S648

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 09, 2019	referred to transportation

2019-S648 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §22, Transp L; add §215-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5350
2013-2014: S379
2015-2016: S1505
2017-2018: S1826
2021-2022: S3950
2023-2024: S6311

2019-S648 (ACTIVE) - Summary

Requires state police presence at certain work zones.

2019-S648 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S648

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires that a state police officer and car be present at
certain work zones to increase safety.

 
SUMMARY OF PROVISIONS:

Section 1 defines this bill as DJ's law.

Section 2 amends section 22 subsection (a) of the transportation law, as
added by chapter, 223 of the laws of 2005, to add the requirement of
police presence in certain work zones with daily traffic that exceeds

5,000 vehicles per day and has a regularly posted speed in excess of
45mph.

Section 2 also adds a second section to section 22 of the transportation
law, as added by chapter 223 of the laws of 2005, that requires the
department of transportation include the costs associated with policing
in the overall project cost.

Section 3 amends the executive law by adding a new section (215-a) that
lays out the procedure by which off-duty officers will be selected and
compensated for the time they spend in the work zone.

Section 4 is the enacting clause.

 
JUSTIFICATION:

DJ's law is named for David "DJ" Baldi of Hamburg, NY who was tragically
killed on Tuesday November 16, 2010 while working on a construction
project on Interstate 190-S in Buffalo.

DJ was working on Interstate 190-S, and was following all state and
federal safety regulations when a propane tanker truck swerved across 3
lanes and struck the platform DJ was working on in the right hand lane.
DJ tragically and instantly lost his life. Unfortunately, DJ's story is
not unique. In 2009 there were 667 fatalities as a result of automobile
crashes in work zones across the country.

This bill will help save lives and keep people safe by adding an addi-
tional precaution to get people to slow down and be more aware as they
enter work zones on high-traffic/high-speed roads.  A study conducted by
the Transportation Research Board found that in the long term using a
police car with lights flashing and active radar was successful in
reducing speeds by 8.4 mph in one lane closures and 6.4 mph in two lane
closures. A similar study found that a stationary patrol car was able to
reduce mean speeds in work zones by between 4-12 mph.

Currently many states, including Rhode Island and Arizona, as well as
the city of Boston, use uniform police officers in all work zones. In
addition, even more states, including: Alabama, California, Connecticut,
Louisiana, Minnesota, Montana, North Carolina, Pennsylvania, South Caro-
lina, Tennessee, Wisconsin, and Wyoming have responded to surveys saying
police presence in work zones has been the most effective method of
ensuring work zone safety. Many states use some form of policing in some
work zones. A survey of state highway agencies, state law enforcement
agencies, contractors, and suppliers conducted by the Federal Highway
Administration found that 72% of states use highway construction funds
to cover the costs associated with the increased policing.

New York State does have a current program that provides some limited
police presence in work zones. Operation Hard Hat is a program utilized
by DOT and the NYS Thruway Authority that includes NYS Troopers located
inconspicuously in construction zones. This officer then radios to a
chase car further down the road to stop anyone violating the speed
limit. While this program is successful in punishing those who are
speeding, it does not necessarily serve as a warning signal for drivers
to slow down as they approach the work zone. As a result, it is not as
effective in improving public safety.  Furthermore, Operation Hard Hat
is not used in all "high speed, high traffic" work zones.

An officer stationed in a car at the beginning of any high speed/high
traffic work zone would be a more effective way of protecting those
people who are working on the road.

 
LEGISLATIVE HISTORY:

2017-18: S.1826 Referred to Transportation
2015-16: S.1505 Referred to Transportation
2013-14: S.379 Referred to Transportation
2011-12: S.5350 Referred to Transportation

 
FISCAL IMPLICATIONS:

None as the cost associated with policing would come out of the Depart-
ment of Transportation and the New York State Thruway Authorities exist-
ing budget.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law.

2019-S648 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    648
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "DJ's Law".
   §  2. 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. 1. The  department  shall,  in
 cooperation 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,  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)  REQUIRING  a  police  presence  at all major active work zones as
 defined  by  rules  and  regulations  set  forth  by  the  commissioner,
 PROVIDED,  HOWEVER,  THAT  ANY  CONSTRUCTION,  REPAIR  OR STRIPING ON OR
 AROUND ANY EXPRESSWAY ON WHICH AVERAGE DAILY TRAFFIC EXCEEDS FIVE  THOU-
 SAND  VEHICLES  PER  DAY  AND  THE  REGULARLY POSTED SPEED LIMIT EXCEEDS
 FORTY-FIVE MILES PER HOUR SHALL HAVE A NEW YORK  STATE  TROOPER  PRESENT
 WITH  A  RADAR  DETECTOR  AND RED AND BLUE FLASHING LIGHTS TURNED ON ANY
 TIME A WORK CREW IS PRESENT;
   (B) the use of radar speed display signs  at  all  major  active  work
 zones  as  defined by rules and regulations set forth by the commission-
 er[,]; and

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

                                                            LBD02416-01-9

 S. 648                              2
 
   (C) a system for reviewing work zone safety and design  for  all  work
 zones under the jurisdiction of the department.
   2.  THE  DEPARTMENT  SHALL  INCLUDE THE COSTS ASSOCIATED WITH POLICING
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AS PART  OF
 THE  OVERALL  PROJECT  COST  THEREBY  INCLUDING SUCH COST IN THE BIDDING
 PROCESS.  THE COSTS SHALL BE INCLUDED AND ITEMIZED UNDER THAT PORTION OF
 THE BID LABELED MAINTENANCE AND PROTECTION OF TRAFFIC.
   § 3. The executive law is amended by adding a  new  section  215-a  to
 read as follows:
   §  215-A.  STATE  POLICE  AT  CERTAIN WORK ZONES. 1. ANY MEMBER OF THE
 STATE POLICE MAY VOLUNTEER TO WORK FOR THE NEW YORK STATE DEPARTMENT  OF
 TRANSPORTATION,  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 TWENTY-TWO OF THE TRANSPORTATION LAW.
   2. PAYMENT FOR SUCH WORK SHALL BE AT SUCH MEMBER'S CURRENT PAY  SCALE,
 PROVIDED,  HOWEVER, THAT THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION
 SHALL PAY SUCH MEMBERS.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.

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Senate Bill S648

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S648 (ACTIVE) - Details

2019-S648 (ACTIVE) - Summary

2019-S648 (ACTIVE) - Sponsor Memo

2019-S648 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S648

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S648 (ACTIVE) - Details

2019-S648 (ACTIVE) - Summary

2019-S648 (ACTIVE) - Sponsor Memo

2019-S648 (ACTIVE) - Bill Text download pdf

Comments