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 - Details

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

S7805 - Summary

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.

S7805 - Sponsor Memo

S7805 - Bill Text download pdf

                    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

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