Senate Bill S6902

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6902

                            I N  S E N A T E

                            February 23, 2010
                               ___________

Introduced  by  Sen. VALESKY -- 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:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1686 to read as follows:
  S 1686. WORK ZONE SIGNS. ANY SIGN OR SIGNS  PLACED  FOR  HIGHWAY  WORK
ZONE  TRAFFIC  CONTROL,  INCLUDING,  BUT NOT LIMITED TO, THOSE PLACED IN
HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS, OR ON  RESTRICTED  HIGH-
WAYS,  SHALL  BE PROMPTLY COVERED OR REMOVED WHENEVER SUCH SIGN OR SIGNS
ARE NOT APPLICABLE, AS DETERMINED BY THE STATE OR LOCAL AUTHORITY HAVING
JURISDICTION THEREON.   FOR THE  PURPOSES  OF  THIS  SECTION,  THE  TERM
"RESTRICTED HIGHWAY" SHALL MEAN A HIGHWAY DESIGNATED AS SUCH PURSUANT TO
SECTION ONE HUNDRED FOUR-A OF THE HIGHWAY LAW.
  S 2. Section 155 of the vehicle and traffic law, as amended by chapter
628 of the laws of 2002, is amended to read as follows:
  S  155.  Traffic  infraction.  The  violation of any provision of this
chapter, except articles forty-seven and forty-eight AND SECTION SIXTEEN
HUNDRED EIGHTY-SIX OF THIS CHAPTER, or of  any  law,  ordinance,  order,
rule  or  regulation  regulating  traffic  which is not declared by this
chapter or other law of this state to be a misdemeanor or  a  felony.  A
traffic  infraction  is  not a crime and the punishment imposed therefor
shall not be deemed for any purpose a penal or criminal  punishment  and
shall  not affect or impair the credibility as a witness or otherwise of
any person convicted thereof. This definition shall be  retroactive  and
shall  apply  to all acts and violations heretofore committed where such
acts and violations would, if committed subsequent to the taking  effect
of  this  section,  be  included within the meaning of the term "traffic
infraction" as herein defined. Except in those portions of Suffolk coun-
ty for which a district court has been established,  outside  of  cities
having  a population in excess of two hundred thousand in which adminis-

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

                                                           LBD04876-02-0

S. 6902                             2

trative tribunals have heretofore been established, courts and  judicial
officers  heretofore  having  jurisdiction  over  such  violations shall
continue to do so and for such purpose such violations shall  be  deemed
misdemeanors  and  all provisions of law relating to misdemeanors except
as provided in section eighteen hundred five of this chapter and  except
as  herein  otherwise expressly provided shall apply except that no jury
trial shall be allowed for traffic infractions.  In  those  portions  of
Suffolk  county  for which a district court has been established, and in
cities having a population in excess of two hundred  thousand  in  which
administrative  tribunals have heretofore been established, the criminal
courts of such cities or portions of Suffolk county in which a  district
court has been established shall have jurisdiction to hear and determine
any  complaint  alleging  a violation constituting a traffic infraction,
except that administrative  tribunals  heretofore  established  in  such
cities  or portions of Suffolk county in which a district court has been
established shall have jurisdiction to hear and determine any charge  of
an  offense  which  is a traffic infraction, except parking, standing or
stopping. In cities having a population in excess of two  hundred  thou-
sand in which administrative tribunals have heretofore been established,
and any such administrative tribunal established by the city of Yonkers,
the  city  of  Peekskill,  or the city of Syracuse, such tribunals shall
have jurisdiction to hear and determine any charge of an  offense  which
is  a  parking,  standing  or stopping violation. Any fine imposed by an
administrative tribunal shall be a civil penalty. For purposes of arrest
without a warrant, pursuant to article one hundred forty of the criminal
procedure law, a traffic infraction shall be deemed an offense.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.