S T A T E   O F   N E W   Y O R K
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                                  8929--A
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Transportation  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   rear occupant alert systems in certain vehicles; 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. Section 375 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 58 to read as follows:
   58. REAR OCCUPANT ALERT SYSTEMS.  IT SHALL BE UNLAWFUL FOR ANY PERSON,
 FIRM, ASSOCIATION OR CORPORATION TO SELL OR OFFER FOR SALE IN THIS STATE
 A  NEW  PASSENGER  MOTOR  VEHICLE WEIGHING LESS THAN TEN THOUSAND POUNDS
 GROSS VEHICLE WEIGHT WHICH IS TO BE REGISTERED IN THIS STATE  AND  WHICH
 WAS MANUFACTURED OR ASSEMBLED ONE YEAR OR MORE AFTER THE DATE UPON WHICH
 THE  NATIONAL  HIGHWAY  TRAFFIC  SAFETY ADMINISTRATION PROMULGATES FINAL
 REGULATIONS ESTABLISHING STANDARDS FOR REAR OCCUPANT ALERT SYSTEMS,  AND
 DESIGNATED  AS  A  VEHICLE  FOR SUCH MODEL YEAR OR AS A NEWER MODEL YEAR
 VEHICLE, UNLESS SUCH VEHICLE IS EQUIPPED  WITH  A  REAR  OCCUPANT  ALERT
 SYSTEM.  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "REAR OCCUPANT ALERT
 SYSTEM" SHALL MEAN A SYSTEM TO ALERT THE OPERATOR TO  CHECK  REAR-DESIG-
 NATED SEATING POSITIONS AFTER THE VEHICLE ENGINE OR MOTOR IS DEACTIVATED
 BY  THE  OPERATOR,  AND THE TERM "PASSENGER MOTOR VEHICLE" SHALL INCLUDE
 ONLY THOSE MOTOR VEHICLES CAPABLE OF BEING REGISTERED PURSUANT TO SUBDI-
 VISION SIX OF SECTION FOUR HUNDRED ONE OF THIS CHAPTER WHICH  HAVE  REAR
 SEATS.
   §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14066-04-4
              

 A. 8929--A                          2
 
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   §  3.  This act shall take effect immediately; provided, however, that
 this act shall be deemed repealed if any federal  agency  determines  in
 writing  that  this  act  would render New York state ineligible for the
 receipt of federal funds or any court of competent jurisdiction  finally
 determines  that  this act would render New York state out of compliance
 with federal law or regulation; provided that the commissioner of  motor
 vehicles or the commissioner of transportation shall notify the legisla-
 tive  bill drafting commission upon the occurrence of any federal agency
 determining in writing that this act would render New York state  ineli-
 gible  for the receipt of federal funds or any court of competent juris-
 diction finally determines that this act would render New York state out
 of compliance with federal law or regulation in order that  the  commis-
 sion  may  maintain  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.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.