Bill Text: NY S07537 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires that signs posted for highway work zone traffic control, including but not limited to highway construction zones, maintenance work areas, or restricted highways, be promptly covered or removed whenever such sign or signs are not applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-22 - REFERRED TO TRANSPORTATION [S07537 Detail]
Download: New_York-2017-S07537-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7537 IN SENATE January 22, 2018 ___________ Introduced by Sen. ORTT -- 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, in relation to requiring the removal or covering of inapplicable highway work zone traffic control signs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1686 to read as follows: 3 § 1686. Work zone signs. Any sign or signs placed for highway work 4 zone traffic control, including, but not limited to, those placed in 5 highway construction or maintenance work areas, or on restricted high- 6 ways, shall be promptly covered or removed whenever such sign or signs 7 are not applicable, as determined by the state or local authority having 8 jurisdiction thereon. For the purposes of this subdivision, the term 9 "restricted highway" shall mean a highway designated as such pursuant to 10 section one hundred four-a of the highway law. 11 § 2. Section 155 of the vehicle and traffic law, as amended by section 12 1 of part CC of chapter 58 of the laws of 2015, is amended to read as 13 follows: 14 § 155. Traffic infraction. The violation of any provision of this 15 chapter, except articles forty-seven and forty-eight and section sixteen 16 hundred eighty-six of this chapter, or of any law, ordinance, order, 17 rule or regulation regulating traffic which is not declared by this 18 chapter or other law of this state to be a misdemeanor or a felony. A 19 traffic infraction is not a crime and the punishment imposed therefor 20 shall not be deemed for any purpose a penal or criminal punishment and 21 shall not affect or impair the credibility as a witness or otherwise of 22 any person convicted thereof. This definition shall be retroactive and 23 shall apply to all acts and violations heretofore committed where such 24 acts and violations would, if committed subsequent to the taking effect 25 of this section, be included within the meaning of the term "traffic 26 infraction" as herein defined. Except in those portions of Suffolk coun- 27 ty for which a district court has been established, outside of cities EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03672-03-8S. 7537 2 1 having a population in excess of two hundred thousand but less than two 2 hundred twenty thousand in which administrative tribunals have hereto- 3 fore been established and outside of cities having a population in 4 excess of one million in which administrative tribunals have heretofore 5 been established, courts and judicial officers heretofore having juris- 6 diction over such violations shall continue to do so and for such 7 purpose such violations shall be deemed misdemeanors and all provisions 8 of law relating to misdemeanors except as provided in section eighteen 9 hundred five of this chapter and except as herein otherwise expressly 10 provided shall apply except that no jury trial shall be allowed for 11 traffic infractions. In those portions of Suffolk county for which a 12 district court has been established, and in cities having a population 13 in excess of two hundred thousand but less than two hundred twenty thou- 14 sand in which administrative tribunals have heretofore been established 15 and in cities having a population in excess of one million in which 16 administrative tribunals have heretofore been established, the criminal 17 courts of such cities or portions of Suffolk county in which a district 18 court has been established shall have jurisdiction to hear and determine 19 any complaint alleging a violation constituting a traffic infraction, 20 except that administrative tribunals heretofore established in such 21 cities or portions of Suffolk county in which a district court has been 22 established shall have jurisdiction to hear and determine any charge of 23 an offense which is a traffic infraction, except parking, standing or 24 stopping. In cities having a population in excess of two hundred thou- 25 sand in which administrative tribunals have heretofore been established, 26 and any such administrative tribunal established by the city of Yonkers, 27 the city of Peekskill, or the city of Syracuse, such tribunals shall 28 have jurisdiction to hear and determine any charge of an offense which 29 is a parking, standing or stopping violation. Any fine imposed by an 30 administrative tribunal shall be a civil penalty. For purposes of arrest 31 without a warrant, pursuant to article one hundred forty of the criminal 32 procedure law, a traffic infraction shall be deemed an offense. 33 § 3. Section 155 of the vehicle and traffic law, as amended by chapter 34 157 of the laws of 2017, is amended to read as follows: 35 § 155. Traffic infraction. The violation of any provision of this 36 chapter, except articles forty-seven and forty-eight and section sixteen 37 hundred eighty-six of this chapter, or of any law, ordinance, order, 38 rule or regulation regulating traffic which is not declared by this 39 chapter or other law of this state to be a misdemeanor or a felony. A 40 traffic infraction is not a crime and the punishment imposed therefor 41 shall not be deemed for any purpose a penal or criminal punishment and 42 shall not affect or impair the credibility as a witness or otherwise of 43 any person convicted thereof. This definition shall be retroactive and 44 shall apply to all acts and violations heretofore committed where such 45 acts and violations would, if committed subsequent to the taking effect 46 of this section, be included within the meaning of the term "traffic 47 infraction" as herein defined. Except in those portions of Suffolk coun- 48 ty for which a district court has been established, outside of cities 49 having a population in excess of one million in which administrative 50 tribunals have heretofore been established, courts and judicial officers 51 heretofore having jurisdiction over such violations shall continue to do 52 so and for such purpose such violations shall be deemed misdemeanors and 53 all provisions of law relating to misdemeanors except as provided in 54 section eighteen hundred five of this chapter and except as herein 55 otherwise expressly provided shall apply except that no jury trial shall 56 be allowed for traffic infractions. In those portions of Suffolk countyS. 7537 3 1 for which a district court has been established and in cities having a 2 population in excess of one million in which administrative tribunals 3 have heretofore been established, the criminal courts of such cities or 4 portions of Suffolk county in which a district court has been estab- 5 lished shall have jurisdiction to hear and determine any complaint 6 alleging a violation constituting a traffic infraction, except that 7 administrative tribunals heretofore established in such cities or 8 portions of Suffolk county in which a district court has been estab- 9 lished shall have jurisdiction to hear and determine any charge of an 10 offense which is a traffic infraction, except parking, standing or stop- 11 ping. In cities having a population in excess of two hundred thousand in 12 which administrative tribunals have heretofore been established, and any 13 such administrative tribunal established by the city of Yonkers, the 14 city of Peekskill, or the city of Syracuse, such tribunals shall have 15 jurisdiction to hear and determine any charge of an offense which is a 16 parking, standing or stopping violation. Any fine imposed by an adminis- 17 trative tribunal shall be a civil penalty. For purposes of arrest with- 18 out a warrant, pursuant to article one hundred forty of the criminal 19 procedure law, a traffic infraction shall be deemed an offense. 20 § 4. This act shall take effect on the thirtieth day after it shall 21 have become a law; provided that section three of this act shall take 22 effect on the same date and in the same manner as chapter 157 of the 23 laws of 2017, takes effect.
