NY State Senate Bill 2019-S3802

Senate Bill S3802

2019-2020 Legislative Session

Relates to the use of mobile telephones or the use of portable electronic devices while in a work area or school zone

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Feb 14, 2019	referred to transportation

2019-S3802 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1225-c & 1225-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6728
2015-2016: S3387
2017-2018: S3782

2019-S3802 (ACTIVE) - Summary

Establishes a surcharge for the use of mobile telephones or the use of portable electronic devices while in a work area or school zone.

2019-S3802 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3802

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to surcharges for the use of mobile telephones or the use of
portable electronic devices while in a work area or school zone

 
PURPOSE:

To help to protect school children and  highway workers

 
SUMMARY OF PROVISIONS:

Section 1 - amends section 1225-c of the Vehicle and Traffic Law by
adding a new subdivision 5 which adds an additional $100 surcharge to
the applicable fines for using a mobile telephone when operating a motor
vehicle in a school zone or work area. This section also defines a work
area and school zone for the purposes of the subdivision.

Section 2 - amends section 1225-d of the Vehicle and Traffic Law by
adding a new subdivision 7 which adds an additional $100 surcharge to

the applicable fines for using a portable electronic device when operat-
ing a motor vehicle in a school zone or work area. This section also
defines a work area and school zone for the purposes of the subdivision.

Section 3 - provides that this act shall take effect on the sixtieth day
after it shall have become law.

 
JUSTIFICATION:

It is now well recognized that using a mobile telephone or a portable
electronic device while operating a motor vehicle distracts the driver
and is dangerous to the driver, any occupants in the vehicle and to
other vehicles and nearby pedestrians. It is particularly dangerous in
work areas, where workers may be located near traffic flow, and in
school zones where children, or their parents, are frequently walking
and crossing streets. In either situation, the margin for error is much
reduced, and it is critical that motorists direct all of their attention
to observing where they are going and what is happening around them.
This bill will help to protect both children and workers from drivers
who are distracted by mobile telephones or portable electronic devices.

 
LEGISLATIVE HISTORY:

2013-14 - S.6728-A - TRANSPORTATION
2015-16 - S.3387 - TRANSPORTATION
2017-18 - S.3782 -- TRANSPORTATION

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the 60th day after it shall have become
law.

2019-S3802 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3802
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- 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  surcharges
   for  the  use  of  mobile telephones or the use of portable electronic
   devices while in a work area or school zone

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1225-c of the vehicle and traffic law is amended by
 adding a new subdivision 5 to read as follows:
   5.  (A) A VIOLATION OF SUBDIVISION TWO OF THIS SECTION WHILE IN A WORK
 AREA OR SCHOOL ZONE SHALL BE A TRAFFIC INFRACTION AND SHALL BE  PUNISHA-
 BLE  BY A SURCHARGE OF ONE HUNDRED DOLLARS WHICH SHALL BE IN ADDITION TO
 THE AMOUNTS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION.
   (B) FOR PURPOSES OF THIS SUBDIVISION:
   I. "WORK AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED  OR  OCCU-
 PIED  FOR  THE  CONDUCT OF HIGHWAY WORK, WITHIN WHICH WORKERS, VEHICLES,
 EQUIPMENT, MATERIALS, SUPPLIES, EXCAVATIONS, OR OTHER  OBSTRUCTIONS  ARE
 PRESENT.
   II.  "SCHOOL  ZONE"  SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A
 SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING  ON  THE  HIGHWAY
 FOR  WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER
 AND IN COMPLIANCE WITH THE MANUAL ON  UNIFORM  TRAFFIC  CONTROL  DEVICES
 MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
   §  2.  Section  1225-d  of  the  vehicle and traffic law is amended by
 adding a new subdivision 7 to read as follows:
   7. (A) A VIOLATION OF THIS SECTION WHILE IN A WORK AREA OR SCHOOL ZONE
 SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A SURCHARGE  OF
 ONE HUNDRED DOLLARS WHICH SHALL BE IN ADDITION TO THE AMOUNTS PRESCRIBED
 IN SUBDIVISION SIX OF THIS SECTION.
   (B) FOR PURPOSES OF THIS SUBDIVISION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01697-01-9

 S. 3802                             2
 
   I.  "WORK  AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED OR OCCU-
 PIED FOR THE CONDUCT OF HIGHWAY WORK, WITHIN  WHICH  WORKERS,  VEHICLES,
 EQUIPMENT,  MATERIALS,  SUPPLIES, EXCAVATIONS, OR OTHER OBSTRUCTIONS ARE
 PRESENT.
   II.  "SCHOOL  ZONE"  SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A
 SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING  ON  THE  HIGHWAY
 FOR  WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER
 AND IN COMPLIANCE WITH THE MANUAL ON  UNIFORM  TRAFFIC  CONTROL  DEVICES
 MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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