NY State Senate Bill 2017-S478B

Senate Bill S478B

Signed By Governor

2017-2018 Legislative Session

Directs the department of transportation of the city of New York to study and report on its efforts to educate pedestrians and drivers on the dangers of pedestrians being distracted by use of a mobile device

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Sep 13, 2017	signed chap.306
Sep 01, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly ordered to third reading rules cal.556 substituted for a7984
Jun 07, 2017	referred to cities delivered to assembly passed senate
May 15, 2017	amended on third reading (t) 478b
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.390
Feb 22, 2017	print number 478a
Feb 22, 2017	amend and recommit to cities
Jan 04, 2017	referred to cities

Votes

- Jun 7, 2017 - Floor Vote
  S478B
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Croci
      
      Murphy
      
      excused (1)
      
      LaValle
  Mar 7, 2017 - Cities Committee Vote
  S478B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities Committee Vote: Mar 7, 2017
      
      aye (7)
      
      Akshar
      
      Avella
      
      Felder
      
      Funke
      
      Jacobs
      
      Persaud
      
      Serrano

Bill Amendments

Original

B (Active)

2017-S478 - Details

See Assembly Version of this Bill:: A7984
Law Section:: New York City Administrative Code
Laws Affected:: Add §19-197, NYC Ad Cd

2017-S478 - Summary

2017-S478 - Sponsor Memo

                                 BILL NUMBER:  S478       Revised 1/11/17

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to requiring an educational awareness
campaign relative to the dangers of acting as a pedestrian while
distracted by using a mobile device

 PURPOSE :

To require that the New York City Department of Transportation develop
a public education campaign relative to the dangers of acting as a
pedestrian while distracted by texting, or other uses a mobile device.
As part of this campaign, an emphasis shall be placed upon the
particular harms inherent in operating a mobile device while crossing
an intersection and/or walking in or near a street.

 SUMMARY OF PROVISIONS :

Section 1: adds a new Section 19-193 to the New York City
Administrative Code.

Section 2: sets forth the effective date.

 JUSTIFICATION :

In recent years, there has been a marked increase in traffic accidents

caused by operators of motor vehicles who are distracted by texting,
or otherwise using mobile phones. According to Distraction.gov, the
federal government's website aimed at preventing distracted driving,
3,154 people were killed in motor vehicle crashes involving distracted
drivers. To combat this problem, Governor Cuomo and The Legislature
have taken acting to ban texting while driving in New York, as well as
establishing 'Text Stops' along the State's highways to provide a safe
location for drivers to communicate using their mobile devices.

As distracted driving has led to an increase in injuries and
fatalities, it so too is the case that pedestrians are often engaged
in texting and other uses of their mobile devices while crossing busy
intersections and other thoroughfares. In an August 2015 report by the
Governors Highway Safety Association, national pedestrian fatalities
increased by 15 percent from 2009 to 2013 with 4,735 deaths in 2013
alone. Additionally, the percentage of pedestrians killed while using
cell phones has risen, from less than 1 percent in 2004 to more than
3.5 percent in 2010. All signs point unfortunately point to an
increasing trend.

In the especially busy streets across all five boroughs of New York
City, 269 traffic fatalities were recorded in 2014, in addition to
thousands of injuries stemming from traffic accidents. In this perfect
storm of dangerous traffic conditions and an increase in unsafe,
distracted walking, it is appropriate for the City Department of
Transportation to engage in a public education campaign to bring
widespread attention to this important issue.

 PRIOR LEGISLATIVE HISTORY :

2015-2015-S6266

 FISCAL IMPACT :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S478 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    478
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  requiring  an educational awareness campaign relative to
   the dangers of acting as a pedestrian  while  distracted  by  using  a
   mobile device
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 19-196 to read as follows:
   §  19-196  PEDESTRIAN  WHILE  DISTRACTED  BY  TEXTING  PROGRAM. 1. THE
 COMMISSIONER SHALL DEVELOP  AN  AWARENESS  CAMPAIGN  THAT  WILL  EDUCATE
 PEDESTRIANS OF THE DANGERS OF ACTING AS A PEDESTRIAN WHILE DISTRACTED BY
 TEXTING,  OR  OTHER USE OF A MOBILE DEVICE.  THE CAMPAIGN SHALL FOCUS ON
 EDUCATING PEDESTRIANS ABOUT THE DANGERS OF "USING A MOBILE DEVICE" WHILE
 CROSSING AN INTERSECTION AND/OR "USING A MOBILE DEVICE" WHILE BEING NEAR
 OR IN A STREET.
   2. THE DEPARTMENT SHALL DEVELOP THE CAMPAIGN AND SHALL HAVE  LEAVE  TO
 DECIDE HOW BEST TO CARRY OUT THE CAMPAIGN.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00144-01-7

2017-S478A - Details

See Assembly Version of this Bill:: A7984
Law Section:: New York City Administrative Code
Laws Affected:: Add §19-197, NYC Ad Cd

2017-S478A - Summary

2017-S478A - Sponsor Memo

                                 BILL NUMBER:  S478A

 TITLE OF BILL :

An act to amend the administrative code of the city of New York, in
relation to requiring an educational awareness campaign relative to
the dangers of acting as a pedestrian while distracted by using a
mobile device

 PURPOSE :

To require that the New York City Department of Transportation develop
a Citywide public education campaign relative to the dangers of acting
as a pedestrian while distracted by texting, or other uses of a mobile
device. As part of this campaign, an emphasis shall be placed upon the
particular harms inherent in operating a mobile device while crossing
an intersection and/or walking in or near a street.

 SUMMARY OF PROVISIONS :

Section 1: adds a new Section 19-193 to the New York City
Administrative Code.

Section 2: sets forth the effective date.

 JUSTIFICATION :

In recent years, there has been a marked increase in traffic accidents
caused by operators of motor vehicles who are distracted by texting,
or otherwise using mobile phones. According to Distraction.gov, the
federal government's website aimed at preventing distracted driving,
3,154 people were killed in motor vehicle crashes involving distracted
drivers. To combat this problem, Governor Cuomo and The Legislature
have taken acting to ban texting while driving in New York, as well as
establishing 'Text Stops' along the State's highways to provide a safe
location for drivers to communicate using their mobile devices.

As distracted driving has led to an increase in injuries and
fatalities, it so too is the case that pedestrians are often engaged
in texting and other uses of their mobile devices while crossing busy
intersections and other thoroughfares. In an August 2015 report by the
Governors Highway Safety Association, national pedestrian fatalities
increased by 15 percent from 2009 to 2013 with 4,735 deaths in 2013
alone. Additionally, the percentage of pedestrians killed while using
cell phones has risen, from less than 1 percent in 2004 to more than
3.5 percent in 2010. All signs point unfortunately point to an
increasing trend.

In the especially busy streets across all five boroughs of New York
City, 269 traffic fatalities were recorded in 2014, in addition to
thousands of injuries stemming from traffic accidents. In this perfect
storm of dangerous traffic conditions and an increase in unsafe,
distracted walking, it is appropriate for the City Department of
Transportation to engage in a public education campaign to bring
widespread attention to this important issue.

 PRIOR LEGISLATIVE HISTORY :

2015-2015-S6266

 FISCAL IMPACT :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S478A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  478--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Cities  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to requiring an educational awareness  campaign  relative  to
   the  dangers  of  acting  as  a pedestrian while distracted by using a
   mobile device
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 19-196 to read as follows:
   § 19-196 PEDESTRIAN  WHILE  DISTRACTED  BY  TEXTING  PROGRAM.  1.  THE
 COMMISSIONER  SHALL  DEVELOP  A  CITYWIDE  AWARENESS  CAMPAIGN THAT WILL
 EDUCATE PEDESTRIANS OF THE DANGERS  OF  ACTING  AS  A  PEDESTRIAN  WHILE
 DISTRACTED  BY  TEXTING, OR OTHER USES OF A MOBILE DEVICE.  THE CAMPAIGN
 SHALL INCLUDE COMMUNICATIONS THAT EDUCATE PEDESTRIANS ABOUT THE  DANGERS
 OF  USING  A  MOBILE  DEVICE  WHILE  TRAVERSING AN INTERSECTION, AND THE
 DANGERS OF USING A MOBILE DEVICE WHILE BEING NEAR OR IN A STREET.
   2. THE DEPARTMENT IS AUTHORIZED TO  PROMULGATE  ANY  RULES  AND  REGU-
 LATIONS  THAT ARE NECESSARY TO ESTABLISH THE AWARENESS CAMPAIGN REQUIRED
 BY SUBDIVISION ONE OF THIS SECTION.
   3. THE DEPARTMENT IS FURTHER AUTHORIZED TO DETERMINE THE  MOST  APPRO-
 PRIATE  METHOD  TO  CONDUCT  THE  AWARENESS CAMPAIGN, WHICH SHALL NOT BE
 LIMITED TO THE USE OF A CERTAIN FORM OF COMMUNICATION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00144-02-7

2017-S478B (ACTIVE) - Details

See Assembly Version of this Bill:: A7984
Law Section:: New York City Administrative Code
Laws Affected:: Add §19-197, NYC Ad Cd

2017-S478B (ACTIVE) - Summary

2017-S478B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S478B

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to directing the department of transportation
of the city of New York to study and report on its current and planned
efforts to educate pedestrians and drivers relating to being
distracted while using a mobile device; and providing for the repeal
of such provisions upon expiration thereof

 PURPOSE :

To require that the New York City Department of Transportation report
on current and future Citywide public education campaigns relative to
the dangers of acting as a pedestrian while distracted by texting, or
other uses of a mobile device, as well as to educate drivers on the
need to exercise care in watching for potentially distracted
pedestrians. As part of this campaign, an emphasis shall be placed
upon the particular harms inherent in operating a mobile device while
crossing an intersection and/or walking in or near a street.

 SUMMARY OF PROVISIONS :

Section 1: adds a new Section 19-193 to the New York City
Administrative Code.

Section 2: sets forth the effective date.

 JUSTIFICATION :

In recent years, there has been a marked increase in traffic accidents
caused by operators of motor vehicles who are distracted by texting,
or otherwise using mobile phones. According to Distraction.gov, the
federal government's website aimed at preventing distracted driving,
3,154 people were killed in motor vehicle crashes involving distracted
drivers. To combat this problem, Governor Cuomo and The Legislature
have taken acting to ban texting while driving in New York, as well as
establishing 'Text Stops' along the State's highways to provide a safe
location for drivers to communicate using their mobile devices.

As distracted driving has led to an increase in injuries and
fatalities, it so too is the case that pedestrians are often engaged
in texting and other uses of their mobile devices while crossing busy
intersections and other thoroughfares. In an August 2015 report by the
Governors Highway Safety Association, national pedestrian fatalities
increased by 15 percent from 2009 to 2013 with 4,735 deaths in 2013
alone. Additionally, the percentage of pedestrians killed while using
cell phones has risen, from less than 1 percent in 2004 to more than
3.5 percent in 2010. All signs point unfortunately point to an
increasing trend.

In the especially busy streets across all five boroughs of New York
City, 269 traffic fatalities were recorded in 2014, in addition to
thousands of injuries stemming from traffic accidents. In this perfect
storm of dangerous traffic conditions and an increase in unsafe,
distracted walking, it is appropriate for the City Department of
Transportation to engage both report on current campaigns to bring
attention to this issue, as well as to develop recommendations for the
future prevention of these traffic accidents. The legislation will
also require the City to engage operators of motor vehicles, in an
effort to curry a greater level of vigilance for pedestrians who may
be distracted.

 PRIOR LEGISLATIVE HISTORY :

2015-2015-S6266

 FISCAL IMPACT :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S478B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  478--B
     Cal. No. 390
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Cities  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported favorably from said committee, ordered
   to first and 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  administrative code of the city of New York, in
   relation to directing the department of transportation of the city  of
   New  York  to  study  and report on its current and planned efforts to
   educate pedestrians and drivers relating  to  being  distracted  while
   using a mobile device; and providing for the repeal of such provisions
   upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 19-197 to read as follows:
   §  19-197  DEPARTMENT REPORT ON DISTRACTED PEDESTRIANS. THE DEPARTMENT
 SHALL STUDY AND PRODUCE A  REPORT  REGARDING  ITS  CURRENT  AND  PLANNED
 EFFORTS TO EDUCATE PEDESTRIANS AND DRIVERS OF:
   1.  THE DANGERS INHERENT IN ACTING AS A PEDESTRIAN WHILE DISTRACTED BY
 TEXTING, OR OTHER USES OF A MOBILE DEVICE; AND
   2. THE NECESSITY OF OPERATORS OF MOTOR VEHICLES TO  EXERCISE  CARE  IN
 WATCHING FOR PEDESTRIANS WHO ARE DISTRACTED BY TEXTING, OR OTHER USES OF
 A  MOBILE  DEVICE,  REGARDLESS  OF  WHETHER  A PEDESTRIAN IS UTILIZING A
 DEFINED STREET CROSSING.
   SUCH STUDY AND REPORT SHALL DETAIL THE DEPARTMENT'S COMMUNICATIONS, ON
 A CITYWIDE BASIS, THAT EDUCATE PEDESTRIANS ABOUT THE DANGERS OF USING  A
 MOBILE DEVICE WHILE TRAVERSING AN INTERSECTION, AND THE DANGERS OF USING
 A  MOBILE  DEVICE  WHILE  BEING NEAR OR IN A STREET AND SHALL PROVIDE AN
 ANALYSIS OF THE EFFECTIVENESS OF SUCH COMMUNICATIONS. THE  REPORT  SHALL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00144-03-7

 S. 478--B                           2
 
 FURTHER  PROVIDE  RECOMMENDATIONS  RELATIVE  TO  PREVENTING FUTURE MOTOR
 VEHICLE CRASHES INVOLVING PEDESTRIANS WHO ARE UTILIZING A MOBILE DEVICE.
 THE DEPARTMENT SHALL SUBMIT ITS REPORT TO THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MAYOR AND THE
 SPEAKER OF THE CITY COUNCIL.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed following the submission of the report required pursuant
 to section 19-197 of the administrative code of the city of New York, as
 added by section one of this act; provided that the department of trans-
 portation  of  the  city  of  New York shall notify the legislative bill
 drafting commission upon  the  submission  of  the  report  required  by
 section  19-197  of  the administrative code of the city of New York, as
 added by section one of this act, in order that the commission may main-
 tain an accurate and timely effective data base of the official text  of
 the  laws  of  the  state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.

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