NY State Senate Bill 2023-S3072

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

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Jan 27, 2023	referred to consumer protection

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

                                 
BILL NUMBER: S3072

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
manufacturers and distributors from providing certain portable electron-
ic 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

 
PURPOSE:

This bill requires portable electronic devices distributed after January
1, 2021 to automatically disable their texting and computer functions
when the holder is operating a motor vehicle over 10 miles an hour.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the general business law by adding a new
section 390-d.

Section 2 of the bill amends subdivisions 1, 3, and 4 of section 1225-d
of the vehicle and traffic law.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

Texting while driving is distracting and dangerous. Statistics have
shown that death by texting drivers is increasing and is making our
roads and highways dangerous to the public. This bill would require
manufacturers of electronic portable devices to have technology that
eliminates the texting feature while someone is operating a motor vehi-
cle which will result in better focus on the road, and therefore, safer
roads for the residents of New York State.

 
LEGISLATIVE HISTORY:

2022: S.4576 - Referred to Consumer Protection

2021: S.4576 - Referred to Consumer Protection

2020: S.1119 - Referred to Consumer Protection

2019: S.1119 - Referred to Consumer Protection

2018: S.5994-A - Referred to Consumer Protection

2017: S.5994- Referred to Consumer Protection

2016: S.4652- Referred to Consumer Protection

2015: S.4652 - Referred to Consumer Protection

2014: S.7805 - Referred to Consumer Protection

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

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

 
   §  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.

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