senate Bill S7805

2013-2014 Legislative Session

Requires portable electronic devices distributed after January 1, 2017 to automatically disable their texting and computer functions when the holder is operating a motor vehicle over 10 miles an hour

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to consumer protection

S7805 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L; amd §1225-d, V & T L

S7805 - Bill Texts

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Requires portable electronic devices distributed after January 1, 2017 to automatically disable their texting and computer functions when the holder is operating a motor vehicle over 10 miles an hour; eliminates the exemption from provisions, relating to the use of portable electronic devices in motor vehicles, granted to commercial motor vehicles, police, firefighters and emergency vehicle operators.

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BILL NUMBER:S7805

TITLE OF BILL: An act to amend the general business law, in relation
to prohibiting manufacturers and distributors from providing certain
portable electronic devices for sale in this state; and to amend the
vehicle and traffic law, in relation to eliminating the exemption
granted to certain persons relating to the use of portable devices

PURPOSE: This bill requires portable electronic devices distributed
after January 1, 2017 to automatically disable their texting and
computer functions when the holder is operating a motor vehicle over
10 miles an hour.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the general business law by adding a new
section 390-d.

Section 2 of the bill amends subdivisions 1, 3, and 4 of section
1225-d of the vehicle and traffic law.

Section 3 of the bill is the effective date.

JUSTIFICATION: Texting while driving is distracting and dangerous.
Statistics have shown that death by texting drivers is increasing and
is making our roads and highways dangerous to the public. This bill
would require manufacturers of electronic portable devices to have
technology that eliminates the texting feature while someone is
operating a motor vehicle which will result in better focus on the
road, and therefore, safer roads for the residents of New York State.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

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

                                  7805

                            I N  S E N A T E

                              June 10, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law,  in  relation  to  prohibiting
  manufacturers  and  distributors from providing certain portable elec-
  tronic devices for sale in this state; and to amend  the  vehicle  and
  traffic  law,  in  relation  to  eliminating  the exemption granted to
  certain persons relating to the use of portable devices

  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
390-d to read as follows:
  S  390-D.  DISTRIBUTION  OF  PORTABLE  ELECTRONIC  DEVICES. 1. FOR THE
PURPOSES OF THIS SECTION, "PORTABLE ELECTRONIC DEVICE"  SHALL  MEAN  ANY
HAND-HELD  MOBILE  TELEPHONE,  AS  DEFINED BY SUBDIVISION ONE OF SECTION
TWELVE HUNDRED TWENTY-FIVE-C OF THE VEHICLE AND  TRAFFIC  LAW,  PERSONAL
DIGITAL ASSISTANT (PDA), HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP
COMPUTER,   PAGER,  BROADBAND  PERSONAL  COMMUNICATION  DEVICE,  TWO-WAY
MESSAGING DEVICE, ELECTRONIC GAME, PORTABLE  COMPUTING  DEVICE,  OR  ANY
OTHER  ELECTRONIC  DEVICE  WHICH  CAN  BE  USED  TO  INPUT, WRITE, SEND,
RECEIVE, OR READ TEXT FOR PRESENT OR FUTURE COMMUNICATION.
  2. ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO MANUFACTURER
OR DISTRIBUTOR SHALL PROVIDE FOR SALE IN THIS STATE ANY  PORTABLE  ELEC-
TRONIC  DEVICE, UNLESS THE ABILITY OF SUCH DEVICE TO INPUT, WRITE, SEND,
RECEIVE AND READ TEXT, DIGITAL INFORMATION AND IMAGES WHEN THE HOLDER OF
SUCH DEVICE IS OPERATING A MOTOR VEHICLE TRAVELING AT TEN OR MORE  MILES
AN HOUR.
  3.  ANY  MANUFACTURER  OR DISTRIBUTOR WHICH VIOLATES THE PROVISIONS OF
SUBDIVISION TWO OF THIS SECTION, AND ANY PERSON  WHO  SELLS  A  PORTABLE
ELECTRONIC  DEVICE  PROVIDED  IN  VIOLATION OF SUCH SUBDIVISION SHALL BE
SUBJECT TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR EACH DEVICE.
  S 2. Subdivisions 1, 3 and 4 of section  1225-d  of  the  vehicle  and
traffic  law, subdivision 1 as amended by section 6 and subdivision 4 as
amended by section 10 of part C of chapter 58 of the laws of  2013,  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13650-02-4

S. 7805                             2

subdivision  3  as added by chapter 403 of the laws of 2009, are amended
to read as follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate  a  motor  vehicle  while using any portable electronic device while
such vehicle is in motion; provided, however, that no person shall oper-
ate a commercial motor  vehicle  while  using  any  portable  electronic
device  on  a  public  highway  including  while  temporarily stationary
because of traffic, a traffic control device, or other momentary delays.
[Provided further, however, that a person shall  not  be  deemed  to  be
operating  a  commercial motor vehicle while using a portable electronic
device on a public highway when such vehicle is stopped at the side  of,
or  off, a public highway in a location where such vehicle is not other-
wise prohibited from stopping by law, rule,  regulation  or  any  lawful
order or direction of a police officer.]
  3. Subdivision one of this section shall not apply to [(a)] the use of
a  portable electronic device for the sole purpose of communicating with
any of the following regarding  an  emergency  situation:  an  emergency
response operator; a hospital; a physician's office or health clinic; an
ambulance company or corps; a fire department, district or company; or a
police  department[,  (b)  any  of  the  following  persons while in the
performance of their official duties: a police officer or peace officer;
a member of a fire department, district or company; or the  operator  of
an authorized emergency vehicle as defined in section one hundred one of
this chapter].
  4.  A  person  who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle or while operating  a  commercial
motor vehicle on a public highway including while temporarily stationary
because  of traffic, a traffic control device, or other momentary delays
[but not including when such commercial motor vehicle is stopped at  the
side  of,  or  off, a public highway in a location where such vehicle is
not otherwise prohibited from stopping by law, rule, regulation  or  any
lawful  order  or direction of a police officer] is presumed to be using
such device[, except that a person operating a commercial motor  vehicle
while using a portable electronic device when such vehicle is stopped at
the  side  of, or off, a public highway in a location where such vehicle
is not otherwise prohibited from stopping by law,  rule,  regulation  or
any  lawful order or direction of a police officer shall not be presumed
to be using such device]. The presumption established by  this  subdivi-
sion is rebuttable by evidence tending to show that the operator was not
using the device within the meaning of this section.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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