Senate Bill S3072

2023-2024 Legislative Session

Requires portable electronic devices distributed after January 1, 2026 to automatically disable their texting and computer functions when the holder is operating a motor vehicle over 10 miles an hour

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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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2023-S3072 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §390-e, Gen Bus L; amd §1225-d, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7805
2015-2016: S4652
2017-2018: S5994
2019-2020: S1119
2021-2022: S4576

2023-S3072 (ACTIVE) - Summary

Requires portable electronic devices distributed after January 1, 2026 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.

2023-S3072 (ACTIVE) - Sponsor Memo

2023-S3072 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3072
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 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-e to read as follows:
   §  390-E.  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-SIX, NO MANUFACTUR-
 ER 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.
                                                            LBD07513-01-3
 S. 3072                             2
              

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