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Assembly Bill A5484

2009-2010 Legislative Session

Relates to ignition interlocking devices

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Archive: Last Bill Status - In Assembly Committee

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2009-A5484 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง119-a & 1198, V & T L

2009-A5484 (ACTIVE) - Summary

Relates to ignition interlocking devices; adds a device that determines the operator's blood alcohol concentration other than through a deep lung breath sample and prevents operation of the motor vehicle to the definition of such devices; makes related provisions.

2009-A5484 (ACTIVE) - Bill Text download pdf 

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

                                  5484

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M. of A. MOLINARO, McKEVITT, WALKER, ALFANO, BALL, McDO-
  NOUGH, BARCLAY, TOBACCO, GIGLIO -- Multi-Sponsored  by  --  M.  of  A.
  BARRA,  CONTE, CROUCH, DUPREY, FINCH, KOLB, MILLER, SPANO -- read once
  and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law,  in  relation  to  ignition
  interlocking devices

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

  Section 1. Section 119-a of the vehicle and traffic law, as  added  by
chapter 713 of the laws of 1988, is amended to read as follows:
  S 119-a. Ignition  interlock  device.  Any blood alcohol concentration
equivalence measuring device which connects to a motor vehicle  ignition
system  and  prevents  a  motor vehicle from being started without first
determining through a deep lung breath sample that the operator's equiv-
alent breath alcohol level does not exceed the calibrated setting on the
device as required by section eleven hundred ninety-eight of this  chap-
ter  OR  A  DEVICE  THAT DETERMINES THE OPERATOR'S BLOOD ALCOHOL CONCEN-
TRATION OTHER THAN THROUGH A DEEP LUNG BREATH SAMPLE AND PREVENTS OPERA-
TION OF THE MOTOR VEHICLE.
  S 2. Subparagraph 1 of paragraph (b) of subdivision 6 of section  1198
of the vehicle and traffic law, as amended by chapter 669 of the laws of
2007, is amended to read as follows:
  (1)  have  features  that make circumventing difficult and that do not
interfere with the normal or safe operation of  the  vehicle;  PROVIDED,
HOWEVER, THAT THE DEPARTMENT OF HEALTH STUDY AND APPROVE IGNITION INTER-
LOCKING  DEVICES, INCLUDING BUT NOT LIMITED TO SUCH DEVICES USING A DEEP
LUNG BREATH METHOD AS A  MEANS  OF  DETERMINING  BLOOD  ALCOHOL  CONCEN-
TRATION,  FOR  INSTALLATION  PURSUANT TO SUBDIVISION ONE OF THIS SECTION
AND TO INCLUDE ADDITIONAL APPROVED DEVICES OF THE DEPARTMENT OF HEALTH'S
LIST OF APPROVED IGNITION INTERLOCKING DEVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07197-01-9

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