Senate Bill S4576

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4576
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 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:
   §  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 TWENTY-FOUR,  NO  MANUFAC-
 TURER  OR  DISTRIBUTOR SHALL PROVIDE FOR SALE IN THIS STATE ANY PORTABLE
 ELECTRONIC 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06290-01-1
              

 S. 4576                             2
 
   § 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
 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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.