NY State Senate Bill 2015-S1119

Senate Bill S1119

Signed By Governor

2015-2016 Legislative Session

Prohibits any person from interfering with any official traffic control device or railroad sign or signal

download bill text pdf

Archive: Last Bill Status Via A297 - 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
Aug 19, 2016	signed chap.251
Aug 08, 2016	delivered to governor
Jun 08, 2016	returned to assembly passed senate 3rd reading cal.1209 substituted for s1119
Jun 08, 2016	substituted by a297
Jun 01, 2016	ordered to third reading cal.1209 committee discharged and committed to rules
Jan 06, 2016	referred to transportation
Jan 08, 2015	referred to transportation

Votes

- Jun 8, 2016 - Floor Vote
  A297
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Diaz
      
      Espaillat
      
      Panepinto
  Jun 1, 2016 - Rules Committee Vote
  S1119
  
  24
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Parker

2015-S1119 (ACTIVE) - Details

See Assembly Version of this Bill:: A297
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1115, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4128, A7508
2011-2012: S2754, A4020
2013-2014: S4595, A2380

2015-S1119 (ACTIVE) - Summary

Prohibits any person from attempting to or to in fact alter, deface, injure, knock down, cover, remove or otherwise interfere with any traffic control device or railroad sign or signal; provides an affirmative defense therefor that operator can show he or she was not aware of the device.

2015-S1119 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1119

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to
prohibiting the use of any device which affects the operation of a
traffic-control signal

PURPOSE:

To prohibit the operation of any vehicle, except an emergency vehicle
or public transit vehicle authorized to use a traffic priority device,
that is equipped with a device which affects the operation of a
traffic or public transit control signal.

SUMMARY OF PROVISIONS:

The bill defines the term 'traffic-control signal preemption device'
and makes it a violation to alter a traffic-control signal by
attempting to change the signal indications by use of such device.
The bill also provides exceptions where the operator can show by
credible evidence that he or she was not aware of the presence of the
device.

JUSTIFICATION:

There are people willing to pay as much as $1,000 for a device that
allows them to change a red light to green right from their drivers'
seat as if they were law enforcement officers on call. The purpose of
the existence of such devices is for emergency access and not for the
convenience for someone who wants to get home earlier from work or to
dodge traffic. These devices exist and are currently in use by
non-emergency personnel. Public safety dictates the need to make the
use of such devices illegal by persons other than duly authorized
emergency and public transit personnel. Such devices flaunt public
safety concerns and could cause serious personal injury or death on
New York roadways.

LEGISLATIVE HISTORY:

2007-2008: S.4423/A.2646;
2009-10 S.4128/A.7508;
2011-12 S.2754/A.4020;
2013-14 S.4595/A.2380.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2015-S1119 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1119

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- 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  prohibiting
  the use of any device which affects the operation of a traffic-control
  signal

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1115 of the vehicle and traffic law, as amended  by
chapter 315 of the laws of 1969, is amended to read as follows:
  S 1115. Interference  with  official traffic-control devices, railroad
signs or signals and other highway appurtenances. (a) No  person  shall,
without  lawful  authority, attempt to or in fact alter, deface, injure,
knock down, cover, remove, or  otherwise  interfere  with  any  official
traffic-control   device   or  any  railroad  sign  or  signal,  or  any
inscription, shield, or insignia thereon, or any other part thereof; any
bridge or similar structure; any  monument,  lamppost,  telephone  pole,
fence,  walk,  curb,  tree,  rock cut or other appurtenance on a highway
right of way.
  (b) For the purposes of this section[,] THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  1. to ['deface'] "DEFACE" shall include, but not  be  limited  to,  to
damage,  destroy,  disfigure,  erase,  ruin, distort, spoil or otherwise
change the external appearance of an object by the use of chalk, crayon,
paint, stain, ink or other similar material.
  2. TO "ALTER" A TRAFFIC-CONTROL  SIGNAL  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO, CHANGING OR ATTEMPTING TO CHANGE THE SIGNAL INDICATIONS OF A
TRAFFIC-CONTROL  SIGNAL  BY  USE  OF A TRAFFIC-CONTROL SIGNAL PREEMPTION
DEVICE.
  3. "TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE" SHALL  MEAN  ANY  DEVICE
DESIGNED  OR  USED TO CHANGE OR ATTEMPT TO CHANGE THE SIGNAL INDICATIONS
OF A TRAFFIC-CONTROL SIGNAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01781-01-5

S. 1119                             2

  (C) THE PRESENCE IN A VEHICLE OF A TRAFFIC-CONTROL  SIGNAL  PREEMPTION
DEVICE  CONNECTED  TO  A  POWER  SOURCE  AND IN AN OPERABLE CONDITION IS
PRESUMPTIVE EVIDENCE OF ITS USE BY ANY PERSON  OPERATING  SUCH  VEHICLE.
SUCH PRESUMPTION SHALL BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE
WHICH TENDS TO SHOW THAT SUCH DEVICE WAS NOT IN USE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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