NY State Senate Bill S5228A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2020	referred to transportation delivered to assembly passed senate
Mar 02, 2020	amended on third reading 5228c
Feb 27, 2020	advanced to third reading
Feb 26, 2020	2nd report cal. amended 5228b
Feb 25, 2020	1st report cal.498
Jan 08, 2020	referred to transportation returned to senate died in assembly
May 15, 2019	referred to transportation delivered to assembly passed senate
May 14, 2019	ordered to third reading cal.682
May 13, 2019	reported and committed to rules
May 07, 2019	print number 5228a
May 07, 2019	amend and recommit to transportation
Apr 17, 2019	referred to transportation

Votes

view votes

Mar 11, 2020 - floor Vote

S5228C

floor

Aye

Nay

Absent

Excused

Abstained

Feb 25, 2020 - Transportation committee Vote

S5228A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 15, 2019 - floor Vote

S5228A

floor

Aye

Nay

Absent

Excused

Abstained

May 14, 2019 - Rules committee Vote

S5228A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 13, 2019 - Transportation committee Vote

S5228A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

S5228 - Details

See Assembly Version of this Bill:: A7828
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S1078, A5084

S5228 - Summary

Requires instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course to educate prospective licensees on how to safely pass a bicyclist on the road, use of bicycle lanes and the dangers of motorists to bicyclists and pedestrians.

S5228 - Sponsor Memo

 
BILL NUMBER: S5228

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring instruction in pedestrian and bicyclist safety as
part of the drivers pre-licensing course

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require new drivers to learn about pedestrian and bicy-
clist safety awareness as a component of the pre-licensing exam and as a
prerequisite for obtaining a license to operate a motor vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 502 of the Vehicle and Traffic
Law by adding pedestrian and bicyclist safety awareness to the eligible
laws that applicants for a driver's license can be tested on following
the submission of an application for the license. The Section also adds
a new paragraph, c-4,which makes pedestrian and bicyclist safety aware-
ness a mandatory component of the pre-licensing course for applicants

for a driver's license and details the purpose of the mandatory educa-
tion. The Section finally requires the Commissioner of the Department of
Motor Vehicles to include the pedestrian and bicyclist safety education
in the curriculum of the pre-licensing handbooks and provides that the
Commissioner shall provide competent training for pre-licensing instruc-
tors in the area of pedestrian and bicyclist safety.

Section two of the bill provides the effective date as one hundred
eighty days after it shall have become a law.

 
EXISTING LAW:

Currently pedestrian and bicyclist safety awareness education is not
required to become a licensed motor vehicle operator in the State of New
York.

 
JUSTIFICATION:

The statistics surrounding pedestrian and bicyclist safety in the City
of New York are alarming. This bill will enhance the safety of those who
travel with the expectation of being treated equally on the road and
being able to travel safely in our State. Furthermore, the bill will
educate drivers about the dangers faced by cyclists and pedestrians and
will create a thoughtful road culture going forward - so that all can
travel with the smallest possibility of being put in danger or harmed.
It is the legislature's responsibility to mitigate the risks faced by
those who live or travel in our State.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:.:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S5228 - Bill Text download pdf


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

                                  5228

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 17, 2019
                               ___________

Introduced by Sen. GOUNARDES -- 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 requiring
  instruction in pedestrian and bicyclist safety as part of the  drivers
  pre-licensing course

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

  Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
of the vehicle and traffic law, paragraph (a) as amended by chapter  585
of  the  laws  of 2002, subparagraph (i) of paragraph (a) and paragraphs
(b) and (d) as amended by chapter 355 of the laws of 2017,  are  amended
and a new paragraph (c-4) is added to read as follows:
  (a)  (i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit  evidence
of  passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while  intoxicat-
ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
awareness [and], "Motorcycle Safety" awareness AND "PEDESTRIAN AND BICY-
CLIST SAFETY" AWARENESS as defined by the commissioner, the law relating
to exercising due care to avoid colliding  with  a  parked,  stopped  or
standing  authorized  emergency  vehicle  or  hazard vehicle pursuant to
section eleven hundred forty-four-a of this chapter, the ability to read
and comprehend traffic signs and symbols and such other matters  as  the
commissioner  may  prescribe,  and  to  satisfactorily complete a course
prescribed by the commissioner of not less than four hours and not  more
than  five  hours,  consisting  of classroom driver training and highway
safety instruction or the equivalent thereof. Such test shall include at
least seven written questions concerning the effects of  consumption  of
alcohol  or  drugs on the ability of a person to operate a motor vehicle
and the legal and financial consequences resulting  from  violations  of
section eleven hundred ninety-two of this chapter, prohibiting the oper-

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

                                                           LBD11203-01-9

S. 5228                             2

ation  of a motor vehicle while under the influence of alcohol or drugs.
Such test shall include one or more  written  questions  concerning  the
devastating effects of "Road Rage" on the ability of a person to operate
a  motor vehicle and the legal and financial consequences resulting from
assaulting, threatening or interfering with the lawful conduct of anoth-
er person legally using the roadway. Such test shall include one or more
questions concerning the potential  dangers  to  persons  and  equipment
resulting  from  the unsafe operation of a motor vehicle in a work zone.
Such test may include one or more questions concerning motorcycle  safe-
ty.  Such  test may include one or more questions concerning the law for
exercising due care to avoid colliding with a parked, stopped or  stand-
ing  vehicle  pursuant  to  section  eleven hundred forty-four-a of this
chapter.  SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS  CONCERNING  HOW
TO  SAFELY PASS A BICYCLIST ON THE ROAD, HOW TO NAVIGATE AN INTERSECTION
WITH PEDESTRIANS AND BICYCLISTS, AND THE DANGERS OF MOTORISTS  TO  BICY-
CLISTS  AND  PEDESTRIANS. Such test shall be administered by the commis-
sioner. The commissioner shall cause the applicant to take a vision test
and a test for color blindness. Upon passage of  the  vision  test,  the
application may be accepted and the application fee shall be payable.
  (ii)  The  commissioner  shall promulgate rules and regulations estab-
lishing eligibility standards for the taking and  passing  of  knowledge
tests in other than written form.
  (b)  Upon successful completion of the requirements set forth in para-
graph (a) of this subdivision which shall include an  alcohol  and  drug
education component as described in paragraph (c) of this subdivision, a
"Road  Rage" awareness component as described in paragraph (c-1) of this
subdivision [and], a "Work Zone Safety" awareness component as described
in paragraph (c-2) of this  subdivision,  [and]  a  "Motorcycle  Safety"
awareness component as described in paragraph (c-3) of this subdivision,
AND A "PEDESTRIAN AND BICYCLIST SAFETY" AWARENESS COMPONENT AS DESCRIBED
IN PARAGRAPH (C-4) OF THIS SUBDIVISION, the commissioner shall cause the
applicant  to  take  a  road  test in a representative vehicle of a type
prescribed by the commissioner which shall be appropriate to the type of
license for which application is made, except that the commissioner  may
waive  the road test requirements for certain classes of applicants. The
commissioner shall have the  power  to  establish  a  program  to  allow
persons  other than employees of the department to conduct road tests in
representative vehicles when such tests are required for  applicants  to
obtain a class A, B or C license. If she chooses to do so, she shall set
forth her reasons in writing and conduct a public hearing on the matter.
She  shall  only establish such a program after holding the public hear-
ing.
  (C-4) "PEDESTRIAN  AND  BICYCLIST  SAFETY"  AWARENESS  COMPONENT.  THE
COMMISSIONER  SHALL  PROVIDE  IN  THE PRE-LICENSING COURSE, SET FORTH IN
PARAGRAPH (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN  "PEDESTRIAN
AND  BICYCLIST SAFETY" AWARENESS EDUCATION AS A PREREQUISITE FOR OBTAIN-
ING A LICENSE TO OPERATE A MOTOR VEHICLE. THE PURPOSE OF  THE  COMPONENT
IS TO EDUCATE PROSPECTIVE LICENSEES ON HOW TO SAFELY PASS A BICYCLIST ON
THE  ROAD,  HOW  TO  NAVIGATE AN INTERSECTION WITH PEDESTRIANS AND BICY-
CLISTS, AND THE DANGERS OF MOTORISTS TO BICYCLISTS AND PEDESTRIANS.
  (d) The commissioner shall make available for distribution upon regis-
tration at each location where the pre-licensing course will  be  given,
instructional  handbooks  outlining the content of the entire curriculum
of the pre-licensing course including the  information  required  to  be
included  in  the course pursuant to paragraphs (c), (c-1), (c-2) [and],
(c-3) AND (C-4) of this subdivision. The commissioner shall also provide

S. 5228                             3

for the additional training of the instructors necessary for the  compe-
tent  instruction  of the alcohol and drug education, "Road Rage" aware-
ness, "Work Zone Safety" awareness [and], "Motorcycle Safety"  awareness
AND  "PEDESTRIAN  AND BICYCLIST SAFETY" AWARENESS subject matters of the
pre-licensing course.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

S5228A - Details

See Assembly Version of this Bill:: A7828
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S1078, A5084

S5228A - Summary

S5228A - Sponsor Memo

 
BILL NUMBER: S5228A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring instruction in pedestrian and bicyclist safety as
part of the drivers pre-licensing course

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require new drivers to learn about pedestrian and bicy-
clist safety awareness as a component of the pre-licensing exam and as a
prerequisite for obtaining a license to operate a motor vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 502 of the Vehicle and Traffic
Law by adding pedestrian and bicyclist safety awareness to the eligible
laws that applicants for a driver's license can be tested on following
the submission of an application for the license. The Section also adds
a new paragraph, c-4, which makes pedestrian and bicyclist safety aware-
ness a mandatory component of the pre-licensing course for applicants

for a driver's license and details the purpose of the mandatory educa-
tion. The Section finally requires the Commissioner of the Department of
Motor Vehicles to include the pedestrian and bicyclist safety education
in the curriculum of the pre-licensing handbooks and provides that the
Commissioner shall provide competent training for pre-licensing instruc-
tors in the area of pedestrian and bicyclist safety.

Section two of the bill provides the effective date as one hundred
eighty days after it shall have become a law.

 
EXISTING LAW:

Currently pedestrian and bicyclist safety awareness education is not
required to become a licensed motor vehicle operator in the State of New
York.

 
JUSTIFICATION:

The statistics surrounding pedestrian and bicyclist safety in the City
of New York are alarming. This bill will enhance the safety of those who
travel with the expectation of being treated equally on the road and
being able to travel safely in our State. Furthermore, the bill will
educate drivers about the dangers faced by cyclists and pedestrians and
will create a thoughtful road culture going forward - so that all can
travel with the smallest possibility of being put in danger or harmed.
It is the legislature's responsibility to mitigate the risks faced by
those who live or travel in our State.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S5228A - Bill Text download pdf


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

                                 5228--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 17, 2019
                               ___________

Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Transportation -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  instruction in pedestrian and bicyclist safety as part of the  drivers
  pre-licensing course

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

  Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
of the vehicle and traffic law, paragraph (a) as amended by chapter  585
of  the  laws  of 2002, subparagraph (i) of paragraph (a) and paragraphs
(b) and (d) as amended by chapter 355 of the laws of 2017,  are  amended
and a new paragraph (c-4) is added to read as follows:
  (a)  (i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit  evidence
of  passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while  intoxicat-
ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
awareness [and], "Motorcycle Safety" awareness AND "PEDESTRIAN AND BICY-
CLIST SAFETY" AWARENESS as defined by the commissioner, the law relating
to exercising due care to avoid colliding  with  a  parked,  stopped  or
standing  authorized  emergency  vehicle  or  hazard vehicle pursuant to
section eleven hundred forty-four-a of this chapter, the ability to read
and comprehend traffic signs and symbols and such other matters  as  the
commissioner  may  prescribe,  and  to  satisfactorily complete a course
prescribed by the commissioner of not less than four hours and not  more
than  five  hours,  consisting  of classroom driver training and highway
safety instruction or the equivalent thereof. Such test shall include at
least seven written questions concerning the effects of  consumption  of
alcohol  or  drugs on the ability of a person to operate a motor vehicle

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

                                                           LBD11203-02-9

S. 5228--A                          2

and the legal and financial consequences resulting  from  violations  of
section eleven hundred ninety-two of this chapter, prohibiting the oper-
ation  of a motor vehicle while under the influence of alcohol or drugs.
Such  test  shall  include  one or more written questions concerning the
devastating effects of "Road Rage" on the ability of a person to operate
a motor vehicle and the legal and financial consequences resulting  from
assaulting, threatening or interfering with the lawful conduct of anoth-
er person legally using the roadway. Such test shall include one or more
questions  concerning  the  potential  dangers  to persons and equipment
resulting from the unsafe operation of a motor vehicle in a  work  zone.
Such  test may include one or more questions concerning motorcycle safe-
ty. Such test may include one or more questions concerning the  law  for
exercising  due care to avoid colliding with a parked, stopped or stand-
ing vehicle pursuant to section  eleven  hundred  forty-four-a  of  this
chapter.    SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING HOW
TO SAFELY PASS A BICYCLIST  ON  THE  ROAD  AND  ONE  OR  MORE  QUESTIONS
CONCERNING  THE DANGERS OF MOTORISTS TO BICYCLISTS AND PEDESTRIANS. Such
test shall be administered by the commissioner. The  commissioner  shall
cause  the  applicant  to take a vision test and a test for color blind-
ness. Upon passage of the vision test, the application may  be  accepted
and the application fee shall be payable.
  (ii)  The  commissioner  shall promulgate rules and regulations estab-
lishing eligibility standards for the taking and  passing  of  knowledge
tests in other than written form.
  (b)  Upon successful completion of the requirements set forth in para-
graph (a) of this subdivision which shall include an  alcohol  and  drug
education component as described in paragraph (c) of this subdivision, a
"Road  Rage" awareness component as described in paragraph (c-1) of this
subdivision [and], a "Work Zone Safety" awareness component as described
in paragraph (c-2) of this  subdivision,  [and]  a  "Motorcycle  Safety"
awareness component as described in paragraph (c-3) of this subdivision,
AND A "PEDESTRIAN AND BICYCLIST SAFETY" AWARENESS COMPONENT AS DESCRIBED
IN PARAGRAPH (C-4) OF THIS SUBDIVISION, the commissioner shall cause the
applicant  to  take  a  road  test in a representative vehicle of a type
prescribed by the commissioner which shall be appropriate to the type of
license for which application is made, except that the commissioner  may
waive  the road test requirements for certain classes of applicants. The
commissioner shall have the  power  to  establish  a  program  to  allow
persons  other than employees of the department to conduct road tests in
representative vehicles when such tests are required for  applicants  to
obtain a class A, B or C license. If she chooses to do so, she shall set
forth her reasons in writing and conduct a public hearing on the matter.
She  shall  only establish such a program after holding the public hear-
ing.
  (C-4) "PEDESTRIAN AND BICYCLIST SAFETY" AWARENESS COMPONENT.  (I)  THE
COMMISSIONER  SHALL  PROVIDE  IN  THE PRE-LICENSING COURSE, SET FORTH IN
PARAGRAPH (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN  "PEDESTRIAN
AND  BICYCLIST SAFETY" AWARENESS EDUCATION AS A PREREQUISITE FOR OBTAIN-
ING A LICENSE TO OPERATE A MOTOR VEHICLE. THE PURPOSE OF  THE  COMPONENT
IS  TO  EDUCATE PROSPECTIVE LICENSEES ON THE POTENTIAL DANGERS TO PEDES-
TRIANS, BICYCLISTS, AND OTHER NON-MOTORIZED VEHICLES  CREATED  BY  MOTOR
VEHICLES.  THE CURRICULUM SHALL INCLUDE COMPONENTS ON HOW TO SAFELY PASS
A BICYCLIST ON THE ROAD, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED
TWO-A OF THIS CHAPTER, EXITING A VEHICLE WITHOUT ENDANGERING PEDESTRIANS
AND BICYCLISTS, HOW TO NAVIGATE AN  INTERSECTION  WITH  PEDESTRIANS  AND
BICYCLISTS,  AND THE DANGERS OF MOTORISTS TO BICYCLISTS AND PEDESTRIANS.

S. 5228--A                          3

(II) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT  WITH
THE  COMMISSIONER  OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTATION
OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
  (d) The commissioner shall make available for distribution upon regis-
tration  at  each location where the pre-licensing course will be given,
instructional handbooks outlining the content of the  entire  curriculum
of  the  pre-licensing  course  including the information required to be
included in the course pursuant to paragraphs (c), (c-1),  (c-2)  [and],
(c-3) AND (C-4) of this subdivision. The commissioner shall also provide
for  the additional training of the instructors necessary for the compe-
tent instruction of the alcohol and drug education, "Road  Rage"  aware-
ness,  "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness
AND "PEDESTRIAN AND BICYCLIST SAFETY" AWARENESS subject matters  of  the
pre-licensing course.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

S5228B - Details

See Assembly Version of this Bill:: A7828
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S1078, A5084

S5228B - Summary

S5228B - Sponsor Memo

 
BILL NUMBER: S5228b

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
instruction in pedestrian and bicyclist safety as part of the drivers
pre-licensing course

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require new drivers to learn about pedestrian and bicy-
clist safety awareness as a component of the pre-licensing exam and as a
prerequisite for obtaining a license to operate a motor vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 502 of the Vehicle and Traffic
Law by adding laws related to pedestrian and bicyclist safety awareness
to the eligible topics that applicants for a driver's license can be
tested on during their written examination for a driver's license. The

Section also requires for at least three questions to be included on the
examination related to how to safely pass a bicyclist on the road, the
dangers of motor vehicles to bicyclists and pedestrians and the law for
exercising due care to avoid colliding with a bicyclist, pedestrian or
domestic animal.

The section also adds a new paragraph, (c-5), which makes pedestrian and
bicyclist safety awareness a mandatory component of the pre-licensing
course for applicants for a driver's license. The added curriculum to
the pre-licensing course will include an overview of traffic laws
governing motor vehicle operators' duty to exercise due care with
respect to pedestrians and bicyclists. The Commissioner of the Depart-
ment of Motor Vehicles will consult with the Commissioner of Transporta-
tion, the Superintendent of the State Police, the Commissioners of
Transportation and Police of the City of New York, medical professions
and bicycle and pedestrian safety advocates when developing the new
curriculum.

Finally, the section requires pedestrian and bicyclist safety awareness
to be added to the DMV instruction handbook.

Section two of the bill provides the effective date as one hundred
eighty days after it shall have become a law.

 
EXISTING LAW:

Currently pedestrian and bicyclist safety awareness education is not
required to become a licensed motor vehicle operator in the State of New
York.

 
JUSTIFICATION:

The statistics surrounding pedestrian and bicyclist safety in the City
of New York are alarming. This bill will enhance the safety of those who
travel with the expectation of being treated equally on the road and
being able to travel safely in our State. Furthermore, the bill will
educate drivers about the dangers faced by cyclists and pedestrians and
will create a thoughtful road culture going forward - so that all can
travel with the smallest possibility of being put in danger or harmed.
It is the legislature's responsibility to mitigate the risks faced by
those who live or travel in our State.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S5228B - Bill Text download pdf


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

                                 5228--B
    Cal. No. 498

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 17, 2019
                               ___________

Introduced  by  Sens.  GOUNARDES,  MAY,  RAMOS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee, ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  instruction  in pedestrian and bicyclist safety as part of the drivers
  pre-licensing course

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

  Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
of  the vehicle and traffic law, paragraph (a) as amended by chapter 585
of the laws of 2002, subparagraph (i) of paragraph  (a)  and  paragraphs
(b)  and  (d) as amended by chapter 513 of the laws of 2019, are amended
and a new paragraph (c-5) is added to read as follows:
  (a) (i) Upon submission of an application for a driver's license,  the
applicant  shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic,  the
laws  relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", "Work Zone  Safety"
awareness [and], "Motorcycle Safety" awareness AND "PEDESTRIAN AND BICY-
CLIST  SAFETY"  AWARENESS  as  defined  by the commissioner, "School Bus
Safety" awareness, the law relating to  exercising  due  care  to  avoid
colliding  with a parked, stopped or standing authorized emergency vehi-
cle or hazard vehicle pursuant to section eleven hundred forty-four-a of
this chapter, the ability to  read  and  comprehend  traffic  signs  and
symbols and such other matters as the commissioner may prescribe, and to
satisfactorily  complete  a course prescribed by the commissioner of not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11203-08-0

S. 5228--B                          2

less than four hours and not more than five hours, consisting of  class-
room  driver  training  and highway safety instruction or the equivalent
thereof. Such test  shall  include  at  least  seven  written  questions
concerning the effects of consumption of alcohol or drugs on the ability
of  a  person  to  operate  a  motor vehicle and the legal and financial
consequences resulting from violations of section eleven  hundred  nine-
ty-two  of  this  chapter,  prohibiting the operation of a motor vehicle
while under the influence of alcohol or drugs. Such test  shall  include
one  or  more  written  questions  concerning the devastating effects of
"Road Rage" on the ability of a person to operate a  motor  vehicle  and
the  legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another  person  legally
using  the  roadway.  Such  test  shall  include  one  or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone.  Such  test  may
include  one  or  more questions concerning motorcycle safety. Such test
may include one or more questions concerning the law for exercising  due
care  to  avoid  colliding  with  a  parked, stopped or standing vehicle
pursuant to section eleven hundred forty-four-a of  this  chapter.  Such
test  may  include  one  or more questions concerning school bus safety.
SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING HOW  TO  SAFELY
PASS  A  BICYCLIST  ON THE ROAD AND ONE OR MORE QUESTIONS CONCERNING THE
DANGERS OF MOTOR VEHICLES TO BICYCLISTS AND PEDESTRIANS AND ONE OR  MORE
QUESTIONS  CONCERNING THE LAW FOR EXERCISING DUE CARE TO AVOID COLLIDING
WITH A BICYCLIST, PEDESTRIAN OR  DOMESTIC  ANIMAL  PURSUANT  TO  SECTION
ELEVEN  HUNDRED  FORTY-SIX  OF THIS CHAPTER. Such test shall be adminis-
tered by the commissioner. The commissioner shall cause the applicant to
take a vision test and a test for color blindness. Upon passage  of  the
vision  test,  the  application  may be accepted and the application fee
shall be payable.
  (ii) The commissioner shall promulgate rules  and  regulations  estab-
lishing  eligibility  standards  for the taking and passing of knowledge
tests in other than written form.
  (b) Upon successful completion of the requirements set forth in  para-
graph  (a)  of  this subdivision which shall include an alcohol and drug
education component as described in paragraph (c) of this subdivision, a
"Road Rage" awareness component as described in paragraph (c-1) of  this
subdivision [and], a "Work Zone Safety" awareness component as described
in  paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness
component as described in paragraph (c-3) of this subdivision,  [and]  a
"School  Bus Safety" awareness component as described in paragraph (c-4)
of this subdivision, AND A "PEDESTRIAN AND BICYCLIST  SAFETY"  AWARENESS
COMPONENT  AS  DESCRIBED  IN  PARAGRAPH  (C-5)  OF THIS SUBDIVISION, the
commissioner shall cause the applicant to take a road test in  a  repre-
sentative  vehicle  of a type prescribed by the commissioner which shall
be appropriate to the type of license for  which  application  is  made,
except  that  the  commissioner may waive the road test requirements for
certain classes of applicants. The commissioner shall have the power  to
establish a program to allow persons other than employees of the depart-
ment  to  conduct  road tests in representative vehicles when such tests
are required for applicants to obtain a class A, B or C license. If  she
chooses to do so, she shall set forth her reasons in writing and conduct
a public hearing on the matter.  She shall only establish such a program
after holding the public hearing.
  (C-5)  "PEDESTRIAN  AND BICYCLIST SAFETY" AWARENESS COMPONENT. (I) THE
COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING  COURSE,  SET  FORTH  IN

S. 5228--B                          3

PARAGRAPH  (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN "PEDESTRIAN
AND BICYCLIST SAFETY" AWARENESS EDUCATION AS A PREREQUISITE FOR  OBTAIN-
ING  A  LICENSE TO OPERATE A MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT
IS  TO  EDUCATE PROSPECTIVE LICENSEES ON THE POTENTIAL DANGERS TO PEDES-
TRIANS, BICYCLISTS, AND OTHER NON-MOTORIZED VEHICLES  CREATED  BY  MOTOR
VEHICLES.
  (II)  THE  CURRICULUM  SHALL  INCLUDE, BUT SHALL NOT BE LIMITED TO, AN
OVERVIEW OF TRAFFIC LAWS GOVERNING  MOTOR  VEHICLE  OPERATORS'  DUTY  TO
EXERCISE  DUE CARE WITH RESPECT TO PEDESTRIANS AND BICYCLISTS, INCLUDING
BUT NOT LIMITED TO UNDERSTANDING BICYCLISTS' AND PEDESTRIANS' NEEDS  AND
REDUCED  VISIBILITY,  RESPECTING  BICYCLISTS' AND PEDESTRIANS' RIGHTS OF
WAY, SAFE OPERATION NEAR BICYCLISTS AND PEDESTRIANS, INCLUDING  CHILDREN
AND  BLIND,  DEAF,  ELDERLY  AND  DISABLED PEDESTRIANS, BICYCLE LANES AS
DEFINED IN SECTION ONE HUNDRED TWO-A OF THIS CHAPTER, SAFELY  OVERTAKING
A  BICYCLE,  THE  DANGERS  OF DISTRACTED DRIVING, DRIVING AT APPROPRIATE
REDUCED SPEEDS WHEN SPECIAL HAZARDS EXIST WITH RESPECT TO PEDESTRIANS OR
OTHER WEATHER OR HIGHWAY CONDITIONS, SAFELY TURNING, STOPPING, STANDING,
AND PARKING, MOTOR VEHICLE OPERATORS' OBLIGATIONS TO COMPLY WITH ARTICLE
TWENTY-TWO OF THIS CHAPTER, AND TRAFFIC  CONTROL  DEVICES  AND  MARKINGS
RELATED TO BICYCLISTS AND PEDESTRIANS.
  (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF THE STATE
POLICE, THE COMMISSIONERS OF TRANSPORTATION AND POLICE OF  THE  CITY  OF
NEW  YORK, MEDICAL PROFESSIONALS AND BICYCLE AND PEDESTRIAN SAFETY ADVO-
CATES.
  (d) The commissioner shall make available for distribution upon regis-
tration at each location where the pre-licensing course will  be  given,
instructional  handbooks  outlining the content of the entire curriculum
of the pre-licensing course including the  information  required  to  be
included  in  the course pursuant to paragraphs (c), (c-1), (c-2), (c-3)
[and], (c-4) AND (C-5) of this subdivision. The commissioner shall  also
provide for the additional training of the instructors necessary for the
competent  instruction  of  the  alcohol and drug education, "Road Rage"
awareness, "Work Zone Safety" awareness, "Motorcycle  Safety"  awareness
[and], "School Bus Safety" awareness AND "PEDESTRIAN AND BICYCLIST SAFE-
TY" AWARENESS subject matters of the pre-licensing course.
  § 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided, however, that if chapter 513 of
the laws of 2019 shall not have taken effect on or after such date  then
section  one  of  this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2019 takes effect.

Co-Sponsors

S5228C (ACTIVE) - Details

See Assembly Version of this Bill:: A7828
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S1078, A5084

S5228C (ACTIVE) - Summary

S5228C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5228C

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
instruction in pedestrian and bicyclist safety as part of the drivers
pre-licensing course

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require new drivers to learn about pedestrian and bicy-
clist safety awareness as a component of the pre-licensing exam and as a
prerequisite for obtaining a license to operate a motor vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 502 of the Vehicle and Traffic
Law by adding laws related to pedestrian and bicyclist safety awareness
to the eligible topics that applicants for a driver's license can be
tested on during their written examination for a driver's license. The

Section also requires for at least three questions to be included on the
examination related to how to safely pass a bicyclist on the road, the
dangers of motor vehicles to bicyclists and pedestrians and the law for
exercising due care to avoid colliding with a bicyclist, pedestrian or
domestic animal.

The section also adds a new paragraph, (c-5), which makes pedestrian and
bicyclist safety awareness a mandatory component of the pre-licensing
course for applicants for a driver's license. The added curriculum to
the pre-licensing course will include an overview of traffic laws
governing motor vehicle operators' duty to exercise due care with
respect to pedestrians and bicyclists. The Commissioner of the Depart-
ment of Motor Vehicles will consult with the Commissioner of Transporta-
tion, the Superintendent of the State Police, the Commissioners of
Transportation and Police of the City of New York, medical professions
and bicycle and pedestrian safety advocates when developing the new
curriculum.

Finally, the section requires pedestrian and bicyclist safety awareness
to be added to the DMV instruction handbook.

Section two of the bill provides the effective date as one hundred
eighty days after it shall have become a law.

 
EXISTING LAW:

Currently pedestrian and bicyclist safety awareness education is not
required to become a licensed motor vehicle operator in the State of New
York.

 
JUSTIFICATION:

The statistics surrounding pedestrian and bicyclist safety in the City
of New York are alarming. This bill will enhance the safety of those who
travel with the expectation of being treated equally on the road and
being able to travel safely in our State. Furthermore, the bill will
educate drivers about the dangers faced by cyclists and pedestrians and
will create a thoughtful road culture going forward - so that all can
travel with the smallest possibility of being put in danger or harmed.
It is the legislature's responsibility to mitigate the risks faced by
those who live or travel in our State.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S5228C (ACTIVE) - Bill Text download pdf


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

                                 5228--C
    Cal. No. 498

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 17, 2019
                               ___________

Introduced  by  Sens.  GOUNARDES,  MAY,  MYRIE,  RAMOS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation   --   committee   discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee on Transportation in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said  committee,  ordered  to  first
  report,  amended  on  first  report,  ordered  to  a second report and
  ordered reprinted, retaining its place in the order of  second  report
  --  recommitted  to the Committee on Transportation in accordance with
  Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
  ordered  to  second  report,  ordered  to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  instruction  in pedestrian and bicyclist safety as part of the drivers
  pre-licensing course

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

  Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
of  the vehicle and traffic law, paragraph (a) as amended by chapter 585
of the laws of 2002, subparagraph (i) of paragraph  (a)  and  paragraphs
(b)  and  (d) as amended by chapter 513 of the laws of 2019, are amended
and a new paragraph (c-5) is added to read as follows:
  (a) (i) Upon submission of an application for a driver's license,  the
applicant  shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic,  the
laws  relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", "Work Zone  Safety"
awareness [and], "Motorcycle Safety" awareness AND "PEDESTRIAN AND BICY-
CLIST  SAFETY"  AWARENESS  as  defined  by the commissioner, "School Bus
Safety" awareness, the law relating to  exercising  due  care  to  avoid
colliding  with a parked, stopped or standing authorized emergency vehi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11203-10-0

S. 5228--C                          2

cle or hazard vehicle pursuant to section eleven hundred forty-four-a of
this chapter, the ability to  read  and  comprehend  traffic  signs  and
symbols and such other matters as the commissioner may prescribe, and to
satisfactorily  complete  a course prescribed by the commissioner of not
less than four hours and not more than five hours, consisting of  class-
room  driver  training  and highway safety instruction or the equivalent
thereof. Such test  shall  include  at  least  seven  written  questions
concerning the effects of consumption of alcohol or drugs on the ability
of  a  person  to  operate  a  motor vehicle and the legal and financial
consequences resulting from violations of section eleven  hundred  nine-
ty-two  of  this  chapter,  prohibiting the operation of a motor vehicle
while under the influence of alcohol or drugs. Such test  shall  include
one  or  more  written  questions  concerning the devastating effects of
"Road Rage" on the ability of a person to operate a  motor  vehicle  and
the  legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another  person  legally
using  the  roadway.  Such  test  shall  include  one  or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone.  Such  test  may
include  one  or  more questions concerning motorcycle safety. Such test
may include one or more questions concerning the law for exercising  due
care  to  avoid  colliding  with  a  parked, stopped or standing vehicle
pursuant to section eleven hundred forty-four-a of  this  chapter.  Such
test  may  include  one  or more questions concerning school bus safety.
SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING HOW  TO  SAFELY
PASS  A  BICYCLIST  ON THE ROAD AND ONE OR MORE QUESTIONS CONCERNING THE
DANGERS OF MOTOR VEHICLES TO BICYCLISTS AND PEDESTRIANS AND ONE OR  MORE
QUESTIONS  CONCERNING THE LAW FOR EXERCISING DUE CARE TO AVOID COLLIDING
WITH A BICYCLIST, PEDESTRIAN OR  DOMESTIC  ANIMAL  PURSUANT  TO  SECTION
ELEVEN  HUNDRED  FORTY-SIX  OF THIS CHAPTER. Such test shall be adminis-
tered by the commissioner. The commissioner shall cause the applicant to
take a vision test and a test for color blindness. Upon passage  of  the
vision  test,  the  application  may be accepted and the application fee
shall be payable.
  (ii) The commissioner shall promulgate rules  and  regulations  estab-
lishing  eligibility  standards  for the taking and passing of knowledge
tests in other than written form.
  (b) Upon successful completion of the requirements set forth in  para-
graph  (a)  of  this subdivision which shall include an alcohol and drug
education component as described in paragraph (c) of this subdivision, a
"Road Rage" awareness component as described in paragraph (c-1) of  this
subdivision [and], a "Work Zone Safety" awareness component as described
in  paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness
component as described in paragraph (c-3) of this subdivision,  [and]  a
"School  Bus Safety" awareness component as described in paragraph (c-4)
of this subdivision, AND A "PEDESTRIAN AND BICYCLIST  SAFETY"  AWARENESS
COMPONENT  AS  DESCRIBED  IN  PARAGRAPH  (C-5)  OF THIS SUBDIVISION, the
commissioner shall cause the applicant to take a road test in  a  repre-
sentative  vehicle  of a type prescribed by the commissioner which shall
be appropriate to the type of license for  which  application  is  made,
except  that  the  commissioner may waive the road test requirements for
certain classes of applicants. The commissioner shall have the power  to
establish a program to allow persons other than employees of the depart-
ment  to  conduct  road tests in representative vehicles when such tests
are required for applicants to obtain a class A, B or C license. If  she
chooses to do so, she shall set forth her reasons in writing and conduct

S. 5228--C                          3

a public hearing on the matter.  She shall only establish such a program
after holding the public hearing.
  (C-5)  "PEDESTRIAN  AND BICYCLIST SAFETY" AWARENESS COMPONENT. (I) THE
COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING  COURSE,  SET  FORTH  IN
PARAGRAPH  (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN "PEDESTRIAN
AND BICYCLIST SAFETY" AWARENESS EDUCATION AS A PREREQUISITE FOR  OBTAIN-
ING  A  LICENSE TO OPERATE A MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT
IS TO EDUCATE PROSPECTIVE LICENSEES ON THE POTENTIAL DANGERS  TO  PEDES-
TRIANS,  BICYCLISTS,  AND  OTHER NON-MOTORIZED VEHICLES CREATED BY MOTOR
VEHICLES.
  (II) THE CURRICULUM SHALL INCLUDE, BUT SHALL NOT  BE  LIMITED  TO,  AN
OVERVIEW  OF  TRAFFIC  LAWS  GOVERNING  MOTOR VEHICLE OPERATORS' DUTY TO
EXERCISE DUE CARE WITH RESPECT TO PEDESTRIANS AND BICYCLISTS,  INCLUDING
BUT  NOT LIMITED TO UNDERSTANDING BICYCLISTS' AND PEDESTRIANS' NEEDS AND
REDUCED VISIBILITY, RESPECTING BICYCLISTS' AND  PEDESTRIANS'  RIGHTS  OF
WAY,  SAFE OPERATION NEAR BICYCLISTS AND PEDESTRIANS, INCLUDING CHILDREN
AND BLIND, DEAF, ELDERLY AND  DISABLED  PEDESTRIANS,  BICYCLE  LANES  AS
DEFINED  IN SECTION ONE HUNDRED TWO-A OF THIS CHAPTER, SAFELY OVERTAKING
A BICYCLE, THE DANGERS OF DISTRACTED  DRIVING,  DRIVING  AT  APPROPRIATE
REDUCED SPEEDS WHEN SPECIAL HAZARDS EXIST WITH RESPECT TO PEDESTRIANS OR
OTHER WEATHER OR HIGHWAY CONDITIONS, SAFELY TURNING, STOPPING, STANDING,
AND PARKING, MOTOR VEHICLE OPERATORS' OBLIGATIONS TO COMPLY WITH ARTICLE
TWENTY-TWO  OF  THIS  CHAPTER,  AND TRAFFIC CONTROL DEVICES AND MARKINGS
RELATED TO BICYCLISTS AND PEDESTRIANS.
  (III) IN DEVELOPING SUCH CURRICULUM, THE  COMMISSIONER  SHALL  CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF THE STATE
POLICE,  THE  COMMISSIONERS  OF TRANSPORTATION AND POLICE OF THE CITY OF
NEW YORK, MEDICAL PROFESSIONALS AND BICYCLE AND PEDESTRIAN SAFETY  ADVO-
CATES.
  (d) The commissioner shall make available for distribution upon regis-
tration  at  each location where the pre-licensing course will be given,
instructional handbooks outlining the content of the  entire  curriculum
of  the  pre-licensing  course  including the information required to be
included in the course pursuant to paragraphs (c), (c-1),  (c-2),  (c-3)
[and],  (c-4) AND (C-5) of this subdivision. The commissioner shall also
provide for the additional training of the instructors necessary for the
competent instruction of the alcohol and  drug  education,  "Road  Rage"
awareness,  "Work  Zone Safety" awareness, "Motorcycle Safety" awareness
[and], "School Bus Safety" awareness AND "PEDESTRIAN AND BICYCLIST SAFE-
TY" AWARENESS subject matters of the pre-licensing course.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that if  chapter  513  of
the laws of 2019 shall not have taken effect on or before such date then
section  one  of  this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2019 takes effect.

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The New York State Senate

senate Bill S5228A

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Bill Amendments

S5228 - Details

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S5228 - Bill Text download pdf

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S5228A - Details

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S5228B - Details

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Co-Sponsors

S5228C (ACTIVE) - Details

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S5228C (ACTIVE) - Sponsor Memo

S5228C (ACTIVE) - Bill Text download pdf

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senate Bill S5228A

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Archive: Last Bill Status - Passed Senate

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Actions

Votes

Mar 11, 2020 - floor Vote

Floor Vote: Mar 11, 2020

Feb 25, 2020 - Transportation committee Vote

Transportation Committee Vote: Feb 25, 2020

May 15, 2019 - floor Vote

Floor Vote: May 15, 2019

May 14, 2019 - Rules committee Vote

Rules Committee Vote: May 14, 2019

May 13, 2019 - Transportation committee Vote

Transportation Committee Vote: May 13, 2019

Bill Amendments

S5228 - Details

S5228 - Summary

S5228 - Sponsor Memo

S5228 - Bill Text download pdf

Co-Sponsors

S5228A - Details

S5228A - Summary

S5228A - Sponsor Memo

S5228A - Bill Text download pdf

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S5228B - Details

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S5228C (ACTIVE) - Details

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