STATE OF NEW YORK ________________________________________________________________________ 6311 2023-2024 Regular Sessions IN SENATE April 13, 2023 ___________ 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 "DJ's Law". 3 § 2. Section 22 of the transportation law, as added by chapter 223 of 4 the laws of 2005, is amended to read as follows: 5 § 22. Work zone safety and enforcement. 1. The department shall, in 6 cooperation with the superintendent of state police, the commissioner of 7 motor vehicles, the chairman of the New York state thruway authority, 8 local law enforcement agencies and representatives for contractors and 9 laborers, develop and implement rules and regulations for the increased 10 safety of work zones. Such rules and regulations shall include, but 11 shall not be limited to[,]: 12 (a) requiring a police presence at all major active work zones as 13 defined by rules and regulations set forth by the commissioner, 14 provided, however, that any construction, repair or striping on or 15 around any expressway on which average daily traffic exceeds five thou- 16 sand vehicles per day and the regularly posted speed limit exceeds 17 forty-five miles per hour shall have a New York state trooper present 18 with a radar detector and red and blue flashing lights turned on any 19 time a work crew is present; 20 (b) the use of radar speed display signs at all major active work 21 zones as defined by rules and regulations set forth by the commission- 22 er[,]; and 23 (c) a system for reviewing work zone safety and design for all work 24 zones under the jurisdiction of the department. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09232-01-3
S. 6311 2 1 2. The department shall include the costs associated with policing 2 pursuant to paragraph (a) of subdivision one of this section as part of 3 the overall project cost thereby including such cost in the bidding 4 process. The costs shall be included and itemized under that portion of 5 the bid labeled maintenance and protection of traffic. 6 § 3. The executive law is amended by adding a new section 215-a to 7 read as follows: 8 § 215-a. State police at certain work zones. 1. Any member of the 9 state police may volunteer to work for the New York state department of 10 transportation, pursuant to paragraph (a) of subdivision one of section 11 twenty-two of the transportation law. 12 2. Payment for such work shall be at such member's current pay scale, 13 provided, however, that the New York state department of transportation 14 shall pay such members. 15 § 4. This act shall take effect on the one hundred twentieth day after 16 it shall have become a law. Effective immediately, the addition, amend- 17 ment and/or repeal of any rule or regulation necessary for the implemen- 18 tation of this act on its effective date are authorized to be made and 19 completed on or before such effective date.