BILL NUMBER:A10606

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to  giving  local  town boards the discretion to change speed limits for
safety

PURPOSE OR GENERAL IDEA OF BILL:  This bill amends the vehicle and traf-
fic law to give town boards the authority, already held by village board
and city governments, to set the speed  limit  and  traffic  signage  on
state  roads when the town is responsible for policing and public safety
on the state roads.

SUMMARY OF SPECIFIC PROVISIONS:  Section one amends Section 1620 of  the
vehicle  and  traffic  law by adding a new subdivision (d) that provides
that the department of transportation shall defer to requests for  speed
limit  changes  by a town board in respect to state highways within such
towns where a reasonable nexus between public safety and  such  requests
exists.   Section two amends Section 1621 of the vehicle and traffic law
by adding a new subdivision (e) that provides  that  the  department  of
transportation shall defer to requests for changes of traffic signs by a
town  board  in  respect  to  state  highways  within such towns where a
reasonable nexus between public safety and such requests exist.  Section
3 amends Section 1622 of the vehicle and traffic law  by  adding  a  new
subdivision  3  that  provides  that notwithstanding other provisions of
such sections the department of transportation shall defer  to  requests
for  speed  limit  changes by a town board or a county superintendent of
              

highways in respect to state highways within such towns where a  reason-
able nexus between public safety and such requests exist.

EFFECTS  OF PRESENT LAW WHICH THE BILL WILL ALTER:  This bill amends the
vehicle and traffic law to enable town boards to set the speed limit and
traffic signage on state roads within their jurisdiction if the town  is
responsible for policing and public safety of the state road.

JUSTIFICATION:    Under current law villages and cities within the State
of New York may set the speed limit and placement of traffic signage  on
state  highways  within  their  jurisdictions.  Towns  do  not have such
authority and are therefore dependent  on  the  judgment  of  the  state
department of transportation to set the rules of the road on state high-
ways  even  when  town  police  have jurisdiction over all public safety
issues pertaining to the road. This bill will remedy this anomaly  which
has  led to unequal treatment by giving authority to cities and villages
but not to towns.

PRIOR LEGISLATIVE HISTORY:
A7226 of 2003-2004.
A474 of 2005-2006.
A1543/5906 of 2007-2006.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: Immediately.