S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2431--A
                                                         Cal. No. 189
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, ABBATE, ABINANTI -- Multi-Sponsored
   by -- M. of A.  COLTON -- read once and referred to the  Committee  on
   Transportation  --  ordered  to  a  third reading, amended and ordered
   reprinted, retaining its place on the order of third reading

 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:
   § 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  SUBDIVISION,  THE  TERM
 "RESTRICTED HIGHWAY" SHALL MEAN A HIGHWAY DESIGNATED AS SUCH PURSUANT TO
 SECTION ONE HUNDRED FOUR-A OF THE HIGHWAY LAW.
   § 2. Section 155 of the vehicle and traffic law, as amended by section
 1  of  part  CC of chapter 58 of the laws of 2015, is amended to read as
 follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03672-02-8

 A. 2431--A                          2
 
 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 but less than  two
 hundred  twenty  thousand in which administrative tribunals have hereto-
 fore been established and outside  of  cities  having  a  population  in
 excess  of one million in which administrative tribunals have heretofore
 been established, courts and judicial officers heretofore having  juris-
 diction  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 but less than two hundred twenty thou-
 sand in which administrative tribunals have heretofore been  established
 and  in  cities  having  a  population in excess of one million 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.
   § 3. Section 155 of the vehicle and traffic law, as amended by chapter
 157 of the laws of 2017, is amended to read as follows:
   §  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 one million in which administrative
 tribunals have heretofore been established, courts and judicial officers
 heretofore having jurisdiction over such violations shall continue to do

 A. 2431--A                          3
 
 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 one million 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 estab-
 lished 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 estab-
 lished shall have jurisdiction to hear and determine any  charge  of  an
 offense which is a traffic infraction, except parking, standing or stop-
 ping. In cities having a population in excess of two hundred thousand 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 adminis-
 trative tribunal shall be a civil penalty. For purposes of arrest  with-
 out  a  warrant,  pursuant  to article one hundred forty of the criminal
 procedure law, a traffic infraction shall be deemed an offense.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law; provided that section three of this act shall take
 effect on the same date and in the same manner as  chapter  157  of  the
 laws of 2017, takes effect.