Senate Bill S10697

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10697
 
                             I N  S E N A T E
 
                            September 11, 2026
                                ___________
 
 Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law and  the  vehicle  and  traffic
   law, in relation to enacting the "vehicle streaming device ban" act
 
   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
 392-l to read as follows:
   § 392-L.  PROHIBIT THE SALE OF ANY DEVICE CAPABLE OF  ALLOWING  ACCESS
 TO  STREAMING OF VIDEO ON THE INFOTAINMENT SCREEN EQUIPPED TO THE CENTER
 CONSOLE OF SUCH VEHICLE OR ANY SCREEN OTHERWISE IN DIRECT  VIEW  OF  THE
 DRIVER  OF  SUCH  VEHICLE  WHILE  THE VEHICLE IS IN MOTION.   1. FOR THE
 PURPOSES OF THIS SECTION:
   (A) "STREAMING DEVICE" SHALL  MEAN  ANY  DEVICE  CAPABLE  OF  ALLOWING
 ACCESS  TO STREAMING OF VIDEO ON THE INFOTAINMENT SCREEN EQUIPPED TO THE
 CENTER CONSOLE OF SUCH VEHICLE OR ANY SCREEN OTHERWISE IN DIRECT VIEW OF
 THE DRIVER OF SUCH VEHICLE WHILE THE VEHICLE IS IN MOTION.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE ANY DEVICE CAPABLE OF ALLOWING ACCESS TO STREAMING OF
 VIDEO ON THE INFOTAINMENT SCREEN EQUIPPED TO THE CENTER CONSOLE OF  SUCH
 VEHICLE  OR  ANY  SCREEN  OTHERWISE IN DIRECT VIEW OF THE DRIVER OF SUCH
 VEHICLE WHILE THE VEHICLE IS IN MOTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F)  "PERSON"  SHALL MEAN A NATURAL PERSON, FIRM, CORPORATION, LIMITED
 LIABILITY COMPANY, ASSOCIATION, OR AN EMPLOYEE OR  AGENT  OF  A  NATURAL
 PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
   2.  NO  MANUFACTURER,  IMPORTER,  DISTRIBUTOR, WHOLESALER, RETAILER OR
 SECONDHAND DEALER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR  LEASE
 IN THIS STATE ANY STREAMING DEVICE AS DEFINED IN THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16349-04-6
 S. 10697                            2
 
   3.  (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO OPERATOR OF
 A MOTOR VEHICLE SHALL UTILIZE ANY STREAMING DEVICE, AS DEFINED IN  PARA-
 GRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION, WHILE THE VEHICLE IS IN
 MOTION.
   (B)  THE  COMMISSIONER  OF  MOTOR  VEHICLES SHALL PROMULGATE RULES AND
 REGULATIONS TO CARRY  OUT  THE  PROVISIONS  OF  THIS  SUBDIVISION,  WITH
 RESPECT TO THE BAN ON THE STREAMING DEVICES UNDER THIS SECTION.
   4.  WHENEVER  THERE  SHALL  BE  A VIOLATION OF SUBDIVISION TWO OF THIS
 SECTION AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN  THE  NAME
 OF  THE  PEOPLE  OF  THE  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
 NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
 THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR
 JUSTICE, ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT
 REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
 THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE  ALLOWANCES  TO  THE
 ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
 SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
 AND  DIRECT  RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE THAT A
 VIOLATION OF SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.  EACH SALE OF A STREAMING DEVICE IN VIOLATION OF THIS SECTION
 SHALL CONSTITUTE A SEPARATE  VIOLATION.  IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. Paragraph (a) of subdivision 2 of section 1225-d of  the  vehicle
 and  traffic law, as amended by section 8 of part C of chapter 58 of the
 laws of 2013, is amended to read as follows:
   (a) "Portable electronic device" shall mean any  [hand-held]  HANDHELD
 mobile  telephone,  as  defined  by  subdivision  one  of section twelve
 hundred twenty-five-c of this article, personal digital assistant (PDA),
 handheld device with mobile data access, laptop computer, pager,  broad-
 band personal communication device, two-way messaging device, electronic
 game,  [or]  portable  computing  device, ANY DEVICE CAPABLE OF ALLOWING
 ACCESS TO STREAMING OF VIDEO ON THE INFOTAINMENT SCREEN EQUIPPED TO  THE
 CENTER CONSOLE OF SUCH VEHICLE OR ANY SCREEN OTHERWISE IN DIRECT VIEW OF
 THE  DRIVER OF SUCH VEHICLE WHILE THE VEHICLE IS IN MOTION, or any other
 electronic device when used to input, write, send, receive, or read text
 for present or future communication.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 4. This act shall take effect immediately.