S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3122
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of A. ENGLEBRIGHT, ABBATE, ABINANTI -- read once and
   referred 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:
   § 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02732-02-9

 A. 3122                             2
 
 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
 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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.