S T A T E O F N E W Y O R K
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6860
2009-2010 Regular Sessions
I N A S S E M B L Y
March 13, 2009
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Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to prohibiting the
use of any wireless communications device at such times during the
takeoff and landing of a commercial passenger aircraft as the crew of
such aircraft shall determine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
244 to read as follows:
S 244. USE OF WIRELESS COMMUNICATIONS DEVICES PROHIBITED AT CERTAIN
TIMES. 1. FOR THE PURPOSES OF THIS SECTION, "WIRELESS COMMUNICATIONS
DEVICE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY
SUBDIVISION NINE OF SECTION THREE HUNDRED ONE OF THE COUNTY LAW.
2. NO PERSON ABOARD A COMMERCIAL PASSENGER AIRCRAFT SHALL OPERATE OR
USE A WIRELESS COMMUNICATIONS DEVICE AFTER BEING INSTRUCTED OR NOTIFIED
BY A MEMBER OF THE CREW OF SUCH AIRCRAFT THAT THE USE OF SUCH DEVICE IS
PROHIBITED DURING THE DEPARTURE AND TAKE OFF FROM AN AIRPORT IN THIS
STATE, OR DURING THE LANDING OR ARRIVAL AT ANY LOCATION IN THE STATE. NO
SUCH OPERATION OR USE SHALL BE AUTHORIZED UNTIL A MEMBER OF THE CREW OF
THE COMMERCIAL PASSENGER AIRCRAFT AUTHORIZES THE USE THEREOF.
3. A VIOLATION OF SUBDIVISION TWO OF THIS SECTION SHALL BE A MISDEMEA-
NOR WHICH UPON THE FIRST CONVICTION THEREOF SHALL BE PUNISHABLE BY A
FINE OF TWO THOUSAND FIVE HUNDRED DOLLARS, AND UPON ANY SUBSEQUENT
CONVICTION THEREOF SHALL BE PUNISHABLE BY IMPRISONMENT OF SIX MONTHS.
4. ANNUALLY ON OR BEFORE JANUARY FIFTEENTH, EACH DISTRICT ATTORNEY
SHALL REPORT TO THE ATTORNEY GENERAL THE NUMBER OF VIOLATIONS OF THIS
SECTION HIS OR HER OFFICE PROSECUTED DURING THE IMMEDIATELY PRECEDING
CALENDAR YEAR. EACH SUCH REPORT SHALL INCLUDE THE PLACE, CIRCUMSTANCES
AND DISPOSITION OF EACH VIOLATION. ON OR BEFORE FEBRUARY FIRST, EACH
YEAR, THE ATTORNEY GENERAL SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10044-01-9
A. 6860 2
LEGISLATURE WHICH SHALL INCLUDE THE INFORMATION REPORTED TO THE ATTORNEY
GENERAL BY THE DISTRICT ATTORNEYS PURSUANT TO THIS SUBDIVISION FOR THIS
PREVIOUS CALENDAR YEAR.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.