Bill Text: NY S00327 | 2013-2014 | General Assembly | Amended

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Bill Title: Enacts Allison's law - the traffic safety compliance act relative to requests for and study of implementation of traffic control devices in the city; creates an independent advisory board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-26 - PRINT NUMBER 327A [S00327 Detail]

Download: New_York-2013-S00327-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        327--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities --  recommitted  to
         the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT  to  amend  the  administrative code of the city of New York, in
         relation to enacting Allison's law - the traffic safety compliance act
         relative to requests  for  and  study  of  implementation  of  traffic
         control devices in the city
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as "Allison's  law
    2  - the traffic safety compliance act".
    3    S  2.  Chapter 1 of title 19 of the administrative code of the city of
    4  New York is amended by adding a new subchapter 4 to read as follows:
    5                                 SUBCHAPTER 4
    6                        TRAFFIC SAFETY COMPLIANCE ACT
    7    S 19-190  TRAFFIC CONTROL DEVICE STUDY AND  REPORT.  1.  WITHIN  THREE
    8  MONTHS OF RECEIVING A REQUEST TO IMPLEMENT A TRAFFIC CONTROL DEVICE, THE
    9  DEPARTMENT  SHALL  PERFORM  AN ENGINEERING STUDY OR INTERSECTION CONTROL
   10  STUDY PURSUANT TO THE REQUIREMENTS OF THE  NATIONAL  MANUAL  ON  UNIFORM
   11  TRAFFIC  CONTROL  DEVICES  (HEREINAFTER  REFERRED  TO IN THIS SECTION AS
   12  "MUTCD"), PROMULGATED BY THE FEDERAL HIGHWAY ADMINISTRATION PURSUANT  TO
   13  SUBPART F OF PART 655 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS.
   14    2. UPON COMPLETION OF SUCH STUDY, THE DEPARTMENT SHALL PREPARE A WRIT-
   15  TEN  REPORT  DETAILING  THE ANALYSES DONE DURING THE STUDY, INCLUDING AN
   16  EXPLANATION OF THE ANALYSIS OF CRITERIA OR WARRANTS CONSIDERED  PURSUANT
   17  TO THE MUTCD. IF A SPECIFIC TRAFFIC CONTROL DEVICE LOCATION IS DEEMED TO
   18  HAVE  FAILED  TO  MEET  ANY  OF THE CRITERIA OR WARRANTS CONSIDERED, THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03399-02-4
       S. 327--A                           2
    1  WRITTEN REPORT SHALL PROVIDE  A  DETAILED  EXPLANATION  OF  THE  REASONS
    2  THEREFORE.
    3    3. A COPY OF THE DEPARTMENT'S REPORT SHALL BE PROVIDED TO THE PARTY OR
    4  PARTIES  THAT REQUESTED IMPLEMENTATION OF THE TRAFFIC CONTROL DEVICE AND
    5  SHALL BE AVAILABLE TO THE PUBLIC WITHOUT  COST  AT  THE  OFFICE  OF  THE
    6  DEPARTMENT.
    7    4.  IF  IN RESPONSE TO A REQUEST AND AFTER COMPLETION OF THE STUDY AND
    8  REPORT REQUIRED BY THIS SECTION, THE DEPARTMENT DETERMINES THAT NO TRAF-
    9  FIC CONTROL DEVICE IS WARRANTED, THE PARTY  OR  PARTIES  THAT  REQUESTED
   10  IMPLEMENTATION  OF THE TRAFFIC CONTROL DEVICE SHALL BE ENTITLED TO APPLY
   11  TO THE COMMISSIONER FOR A REVIEW OF THE FINDINGS WITHIN  SIXTY  DAYS  OF
   12  THE  DATE OF NOTIFICATION. THE APPEALING PARTY OR PARTIES SHALL BE ENTI-
   13  TLED TO SUBMIT NEW DATA WITH THE APPEAL, WHICH NEW DATA MUST BE  CONSID-
   14  ERED BY THE DEPARTMENT AND ADDRESSED IN A SUPPLEMENTARY REPORT. IF AFTER
   15  CONSIDERATION  OF  ANY NEW DATA, THE DEPARTMENT STILL DETERMINES THAT NO
   16  TRAFFIC CONTROL DEVICE IS WARRANTED, THE COMMISSIONER  SHALL  REFER  THE
   17  MATTER TO AN INDEPENDENT ADVISORY BOARD TO REVIEW THE DEPARTMENT'S FIND-
   18  INGS.  A  COPY OF THE ADVISORY BOARD'S RECOMMENDATIONS SHALL BE PROMPTLY
   19  FORWARDED TO THE PARTY OR PARTIES AND TO THE COMMISSIONER. IF THE  ADVI-
   20  SORY  BOARD'S  RECOMMENDATION IS REJECTED BY THE COMMISSIONER, WHOLLY OR
   21  IN PART, THE COMMISSIONER SHALL  STATE  HIS  OR  HER  REASONS  FOR  SUCH
   22  REJECTION IN WRITING.
   23    5. THE ADVISORY BOARD SHALL CONSIST OF FIVE MEMBERS. THE MEMBERSHIP OF
   24  THE  BOARD SHALL CONSIST OF THE DEPUTY MAYOR FOR PUBLIC SAFETY OR HIS OR
   25  HER ASSIGNEE, THE POLICE COMMISSIONER OR HIS OR HER ASSIGNEE, ONE PERSON
   26  APPOINTED BY THE COMMISSIONER AND TWO RESIDENTS OF THE CITY APPOINTED BY
   27  THE NEW YORK CITY COUNCIL. EACH OF THE MEMBERS  OF  THE  ADVISORY  BOARD
   28  SHALL  SERVE DURING THE TERM OF THEIR RESPECTIVE OFFICES OR, IN THE CASE
   29  OF AN ASSIGNEE OF SUCH AN  OFFICER  AND  THE  MEMBER  APPOINTED  BY  THE
   30  COMMISSIONER,  AT  THE PLEASURE OF SUCH OFFICER AND THE COMMISSIONER OR,
   31  IN THE CASE OF AN ASSIGNEE OF THE NEW YORK CITY COUNCIL, FOR A PERIOD OF
   32  FOUR YEARS, RESPECTIVELY. NO MEMBER  OF  THE  ADVISORY  BOARD  SHALL  BE
   33  DISQUALIFIED  FROM HOLDING ANY OTHER PUBLIC OFFICE, NOR SHALL EMPLOYMENT
   34  BE FORFEITED BY REASON OF THE MEMBER'S APPOINTMENT  HEREUNDER,  NOTWITH-
   35  STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE,
   36  COUNTY  OR CITY CHARTER. ALL MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE
   37  ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
   38  DUTIES.
   39    6.  AFTER  COMPLETING A STUDY PURSUANT TO THIS SECTION, THE DEPARTMENT
   40  SHALL NOT BE REQUIRED TO COMPLETE ANOTHER STUDY AT THE SAME LOCATION FOR
   41  TWELVE MONTHS FOLLOWING SUCH STUDY,  UNLESS  IT  IS  DETERMINED  BY  THE
   42  DEPARTMENT  THAT TRAFFIC CONDITIONS AT THE LOCATION HAVE CHANGED SIGNIF-
   43  ICANTLY SINCE THE COMPLETION OF SUCH STUDY.
   44    S 19-191 COLLECTION OF ACCIDENT DATA. IN PERFORMING A  STUDY  REQUIRED
   45  BY  SECTION  19-190 OF THIS SUBCHAPTER, THE DEPARTMENT SHALL COLLECT AND
   46  CONSIDER ACCIDENT DATA. IN ADDITION TO INFORMATION  RETRIEVED  FROM  THE
   47  STATE  POLICE  DEPARTMENT  ACCIDENT INDEX SYSTEM AND INDIVIDUAL ACCIDENT
   48  REPORTS, SUCH ACCIDENT DATA SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   49    1. REPORTS OF ACCIDENTS CONTAINED IN AFFIDAVITS SIGNED BY  MEMBERS  OF
   50  THE  PUBLIC. A PERSON MAKING A FALSE STATEMENT OR PROVIDING FALSE INFOR-
   51  MATION OF FALSE TESTIMONY IN  A  REPORT  UNDER  THIS  SECTION  SHALL  BE
   52  SUBJECT  TO  CRIMINAL PROSECUTION PURSUANT TO ARTICLE ONE HUNDRED SEVEN-
   53  TY-FIVE OR ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
   54    2. TRAFFIC ACCIDENT DATA COLLECTED BY THE STATE DEPARTMENT  OF  FINAN-
   55  CIAL  SERVICES  AS  A  RESULT OF AUTOMOBILE INSURANCE CLAIMS RELATING TO
   56  TRAFFIC ACCIDENTS. SUCH DATA, WHICH RELATES TO TRAFFIC ACCIDENTS  OCCUR-
       S. 327--A                           3
    1  RING  WITHIN  THE  CITY,  SHALL  BE  PROVIDED BY THE STATE DEPARTMENT OF
    2  FINANCIAL SERVICES, WITH SPECIFIC INFORMATION IDENTIFYING  THE  LOCATION
    3  OF REPORTED ACCIDENTS.
    4    S 3. This act shall take effect on the one hundred eightieth day after
    5  it shall have become a law.