S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5553
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to authorizing
   local school districts and municipalities to determine  and  establish
   school speed limits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 1620 of the vehicle and  traffic
 law,  as  amended by chapter 563 of the laws of 2002, is amended to read
 as follows:
   (a) The department of transportation with respect  to  state  highways
 maintained  by the state outside of cities having a population in excess
 of one million, and highways on Indian reservations, may by order,  rule
 or  regulation  establish  higher or lower maximum speed limits at which
 vehicles may proceed on or along such highways than the fifty-five miles
 per hour statutory maximum speed limit.  No  such  maximum  speed  limit
 shall  be  established  at  less than twenty-five miles per hour, except
 that school speed limits may be established at  not  less  than  fifteen
 miles  per hour, for a distance not to exceed one thousand three hundred
 twenty feet, on a highway passing a school building, entrance or exit of
 a school abutting on the highway.  THE LOCAL SCHOOL DISTRICT AND MUNICI-
 PALITY WITHIN WHICH A SCHOOL IS LOCATED SHALL  DETERMINE  AND  ESTABLISH
 THE  MAXIMUM SPEED AT WHICH VEHICLES MAY PROCEED ON A HIGHWAY LOCATED IN
 A SCHOOL ZONE. Absence of signs installed pursuant to this section shall
 be presumptive evidence that the department of  transportation  has  not
 established  a  higher maximum speed limit than the fifty-five miles per
 hour statutory limit.
   § 2. Subdivision 1 of section 1622 of the vehicle and traffic law,  as
 amended  by  chapter  563  of  the  laws  of 2002, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08065-01-9
              

 A. 5553                             2
 
   1. Establish maximum speed limits at which vehicles may proceed on  or
 along  such  highways higher or lower than the fifty-five miles per hour
 statutory maximum speed limit. No such limit  shall  be  established  at
 less  than  twenty-five  miles per hour, except that school speed limits
 may  be  established  at  not  less  than  fifteen miles per hour, for a
 distance not to exceed one thousand three  hundred  twenty  feet,  on  a
 highway passing a school building, entrance or exit of a school abutting
 on the highway.  THE LOCAL SCHOOL DISTRICT AND MUNICIPALITY WITHIN WHICH
 A  SCHOOL  IS LOCATED SHALL DETERMINE AND ESTABLISH THE MAXIMUM SPEED AT
 WHICH VEHICLES MAY PROCEED ON A HIGHWAY LOCATED IN A SCHOOL ZONE.
   § 3. This act shall take effect immediately.