NY State Senate Bill 2023-S8734A

Current Bill Status - In Senate Committee Transportation 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
May 13, 2024	print number 8734a
May 13, 2024	amend (t) and recommit to transportation
Mar 05, 2024	referred to transportation

Bill Amendments

Original

A (Active)

2023-S8734 - Details

See Assembly Version of this Bill:: A8929
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

2023-S8734 - Summary

Requires rear occupant alert systems in certain vehicles.

2023-S8734 - Sponsor Memo

                                 
BILL NUMBER: S8734

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
rear occupant alert systems in certain vehicles

 
PURPOSE:

To require vehicles manufactured after July 1, 2026 and sold or offered
for sale in New. York as a new vehicle to be registered in this state to
be equipped with a rear occupant alert system.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 375 of the vehicle and traffic law to add
subdivision 55 making it unlawful for any person, firm, association or
corporation to sell a new motor vehicle in New York after July 1, 2026
unless it is equipped with a rear occupant alert system. This section
further authorizes the commissioner to promulgate rules and regulations
relative to rear occupant alert systems.

Section 2 provides the effective date.

 
JUSTIFICATION:

In the past twenty-five years, nearly one thousand children have died of
heatstroke because they were left or became trapped in a hot car
(National Highway Traffic Safety Administration). Even on cool days,
temperatures within parked cars can rise significantly within a short
period of time. On average, a car can heat up 19 degrees Fahrenheit in
just ten minutes. A child's body temperature rises three to five times
faster than that of an adult, making them especially vulnerable to heat
stoke when left or trapped inside of a car.

The unfortunate truth is that many children who die from heatstroke are
left in a car by their parent or caregiver. Often, this occurs due to
what neuroscientist David M. Diamond has described as the "Fatal
Distraction." Essentially, parents will drive somewhere that they often
go alone, such as work, and go into "autopilot mode and lose awareness
of the child in the back seat." If the child is silent or sleeping in
the back of the car, the parent may walk into the office without realiz-
ing that the child is still there. Rear occupant alert systems would
directly address instances of the "fatal distraction" by sounding an
alarm when the presence of a child or pet is detected in the car.

Rear occupant alert technology currently exists which can notify drivers
and nearby persons that there is a child or pet closed within a parked
vehicle. Many auto manufacturers have successfully introduced the tech-
nology in newer models of their vehicles. This legislation would require
vehicles sold to be registered in New York and assembled after July 1,
2026 to be equipped with life-saving rear occupant alert technology to
detect the presence of a child or pet in a parked car.

Heat stroke deaths of children and pets are avoidable. This legislation
would ensure that in newly manufactured vehicles there is a system in
place to alert parents and caregivers when someone is left trapped in

the car and combat the too frequent instances of death or permanent
injury from heatstroke.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S8734 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8734
 
                             I N  S E N A T E
 
                               March 5, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   rear occupant alert systems in certain vehicles
 
   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 55 to read as follows:
   55.  REAR  OCCUPANT ALERT SYSTEMS. (A) IT SHALL BE UNLAWFUL AFTER JULY
 FIRST, TWO THOUSAND TWENTY-SIX FOR  ANY  PERSON,  FIRM,  ASSOCIATION  OR
 CORPORATION  TO SELL OR OFFER FOR SALE IN THIS STATE A NEW MOTOR VEHICLE
 WHICH IS TO BE REGISTERED IN THIS STATE AND WHICH  WAS  MANUFACTURED  OR
 ASSEMBLED  ON OR AFTER SUCH DATE, AND DESIGNED AS A TWO THOUSAND TWENTY-
 SEVEN OR LATER MODEL, UNLESS SUCH VEHICLE IS EQUIPPED WITH A REAR  OCCU-
 PANT  ALERT SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "REAR OCCUPANT
 ALERT SYSTEM" SHALL MEAN TECHNOLOGY THAT  DETECTS  THE  PRESENCE  OF  AN
 OCCUPANT  SUCH AS A CHILD OR PET IN THE REAR SEAT OF A VEHICLE AFTER THE
 VEHICLE HAS BEEN TURNED OFF AND WHICH ALERTS THE DRIVER  OF  SUCH  PRES-
 ENCE.
   (B)  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS RELATIVE
 TO REAR OCCUPANT ALERT SYSTEMS ON MOTOR VEHICLES AND THE APPROVAL OF THE
 SAME AS ARE NOT INCONSISTENT WITH THE PROVISIONS OF FEDERAL LAW, RULE OR
 REGULATION, RELATING THERETO. THIS SUBDIVISION SHALL NOT APPLY TO MOTOR-
 CYCLES, A COMMERCIAL MOTOR VEHICLE AS DEFINED  IN  SECTION  TWO  OF  THE
 TRANSPORTATION  LAW,  OR A COMBINATION OF A COMMERCIAL MOTOR VEHICLE AND
 TRAILER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14066-01-4

2023-S8734A (ACTIVE) - Details

See Assembly Version of this Bill:: A8929
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

2023-S8734A (ACTIVE) - Summary

Requires rear occupant alert systems in certain vehicles.

2023-S8734A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8734A

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE:

To require new passenger vehicles manufactured and sold or offered for
sale in New York and registered in this state to be equipped with a
reminder to check the rear seats for an occupant when the car is turned
off.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 375 of the vehicle and traffic law to add
subdivision 58 making it unlawful for any person, firm, association or
corporation to sell a new motor vehicle in New York one year or more
after the date that the National Highway Traffic Safety Administration

promulgates final regulations establishing standard for rear occupant
alert systems unless such vehicle is equipped with a rear occupant alert
system. This section also defines "rear occupant alert system."

Section 2 provides a severability clause.

Section 3 provides the effective date.

 
JUSTIFICATION:

In the past twenty-five years, nearly one thousand children have died of
heatstroke because they were left or became trapped in a hot car
(National Highway Traffic Safety Administration). Even on cool days,
temperatures within parked cars can rise significantly within a short
period of time. On average, a car can heat up 19 degrees Fahrenheit in
just ten minutes. A child's body temperature rises three to five times
faster than that of an adult, making them especially vulnerable to heat
stoke when left or trapped inside of a car.

The unfortunate truth is that many children who die from heatstroke are
left in a car by their parent or caregiver. Often, this occurs due to
what neuroscientist David M. Diamond has described as the "Fatal
Distraction." Essentially, parents will drive somewhere that they often
go alone, such as work, and go into "autopilot mode and lose awareness
of the child in the back seat." If the child is silent or sleeping in
the back of the car, the parent may walk into the office without realiz-
ing that the child is still there. Rear occupant alert systems would
directly address instances of the "fatal distraction" by issuing a
reminder to check the rear seats for occupants when the ignition of the
vehicle is turned off.

Heat stroke deaths of children and pets are avoidable. This legislation
would ensure that in newly manufactured vehicles there is a system in
place to remind parents and caregivers that there is a passenger in the
rear seat to combat the too frequent instances of death or permanent
injury from heatstroke.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8734A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8734--A
 
                             I N  S E N A T E
 
                               March 5, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.

                                                            LBD14066-05-4
 S. 8734--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.

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Senate Bill S8734A

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2023-S8734 - Details

2023-S8734 - Summary

2023-S8734 - Sponsor Memo

2023-S8734 - Bill Text download pdf

2023-S8734A (ACTIVE) - Details

2023-S8734A (ACTIVE) - Summary

2023-S8734A (ACTIVE) - Sponsor Memo

2023-S8734A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8734A

Share this bill

Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2023-S8734 - Details

2023-S8734 - Summary

2023-S8734 - Sponsor Memo

2023-S8734 - Bill Text download pdf

2023-S8734A (ACTIVE) - Details

2023-S8734A (ACTIVE) - Summary

2023-S8734A (ACTIVE) - Sponsor Memo

2023-S8734A (ACTIVE) - Bill Text download pdf

Comments