senate Bill S100

Relates to the use of portable electronic devices

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 22 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 05 / Apr / 2011
    • DEFEATED IN TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Relates to the use of portable electronic devices.

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Bill Details

See Assembly Version of this Bill:
A1294
Versions:
S100
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1225-d, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S6810, A9229

Votes

5
11
5
Aye
11
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S100

TITLE OF BILL: REVISED 12/30/11

An act
to amend the vehicle and traffic law, in relation to the use of
portable electronic devices
while driving

PURPOSE OR GENERAL IDEA OF BILL:

To provide for the primary enforcement of, and make technical
clarifications to, the law governing portable electronic device use
while driving.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 1225-d (2) (b) of the Vehicle and Traffic Law.
Clarifies the provisions relating to the use of portable electronic
devices while operating a motor vehicle, and removes a provision
requiring a summons for operating a motor vehicle in violation of
this law to be issued only when there is reasonable cause to believe
that the person operating such motor vehicle had committed a
violation of the laws of the State other than a violation of said
section.

Section 2 Amends 1225-d(4) of the Vehicle and Traffic Law. States
that the presumption established by this subdivision is rebuttable by
evidence tending to show that the operator was not using the device
within the meaning of this section.

Section 3 Amends Section 1225-d (6) of the Vehicle and Traffic Law.
Establishes that a violation of this section shall be a traffic
infraction punishable by a fine not more that $150.00.

Section 4 Effective Date

JUSTIFICATION:

Section 1225-d of the Vehicle and Traffic Law prohibits drivers of
motor vehicles from using portable electronic devices to engage in
certain activities while the motor vehicles they are operating are in
motion. As currently enacted, section 1225-d provides for "secondary"
(enforcement, whereby tickets for violations could only be issued if
motorists had violated another
law of the State and law enforcement officers had reasonable cause to
so believe. By eliminating the statutory language restricting the
issuance of summonses to instances where other laws were violated,
police officers could now issue a ticket when they observe a
violation of Section 1225-d.

PRIOR LEGISLATIVE HISTORY:

2011: S.100 - Defeated in Transportation/A.1294 - Reported to Codes
2010: S.6810 - Referred to Transportation/A.9229 - Referred to


Transportation
2009: A.9229 - Referred to Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                   100

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  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 the  use  of
  portable electronic devices while driving

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (b) of subdivision 2 of section  1225-d  of  the
vehicle and traffic law, as added by chapter 403 of the laws of 2009, is
amended to read as follows:
  (b)  "Using" shall mean holding a portable electronic device while (I)
viewing, taking or transmitting images, (II)  playing  games,  or  (III)
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S  2.  Subdivision 4 of section 1225-d of the vehicle and traffic law,
as added by chapter 403 of the laws of  2009,  is  amended  to  read  as
follows:
  4.  A  person  who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle is  presumed  to  be  using  such
device. The presumption established by this subdivision is rebuttable by
evidence  [showing]  TENDING TO SHOW that the operator was not using the
device within the meaning of this section.
  S 3. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  6. A violation of this section shall be a traffic infraction and shall
be punishable by a fine of not more  than  one  hundred  fifty  dollars.
[Provided,  however,  that  a  summons  for operating a motor vehicle in
violation of this section shall only be issued when there is  reasonable
cause  to  believe  that  the  person  operating  such motor vehicle has
committed a violation of the laws of this state other than  a  violation
of this section.]
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03315-01-1

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