S5643-2011 - NY Senate Open Legislation - Relates to the use of portable electronic devices

Relates to the use of portable electronic devices.

Sponsor: MARCELLINO / Co-sponsor(s): ALESI, ROBACH, KENNEDY
Law Section: Vehicle and Traffic Law / Law: Amd S1225-d, V & T L

S5643-2011 Actions

Jul 12, 2011: SIGNED CHAP.109
Jul 8, 2011: DELIVERED TO GOVERNOR
Jun 14, 2011: returned to senate
Jun 14, 2011: passed assembly
Jun 14, 2011: ordered to third reading rules cal.198
Jun 14, 2011: substituted for a8106
Jun 14, 2011: referred to codes
Jun 14, 2011: DELIVERED TO ASSEMBLY
Jun 14, 2011: PASSED SENATE
Jun 13, 2011: ORDERED TO THIRD READING CAL.1177
Jun 11, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jun 8, 2011: REFERRED TO TRANSPORTATION

S5643-2011 Meetings

Rules: Jun 13, 2011, Rules: Jun 14, 2011, Rules: Jun 15, 2011, Rules: Jun 16, 2011, Rules: Jun 17, 2011

S5643-2011 Calendars

Active List: Jun 14, 2011 , Floor Calendar: Jun 13, 2011

S5643-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 13, 2011

Ayes (21): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Smith, Stewart-Cousins
Ayes W/R (1): Duane
Nays (2): Parker, Perkins

VOTE: FLOOR VOTE: - Jun 14, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thompson, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin

S5643-2011 Memo

BILL NUMBER:S5643

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the use of
portable electronic devices
while driving

PURPOSE:
This legislation would make the texting while driving offense
a primary violation.

SUMMARY OF PROVISIONS:
Amends subdivision 6 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the laws of 2009
amending the vehicle and traffic law to strike language that prevents
texting while driving from being a primary violation of the vehicle
and traffic law.

Amends subdivision 4 of section 1225-d of the vehicle and traffic
law, as added by chapter 403 of the laws of 2009, to make a technical
amendment to create consistency and match rebuttable evidence
language in section 1225-C of the Vehicle and Traffic Law.

JUSTIFICATION:
The explosion of the popularity of texting created a new
driver distraction that can lead to tragedy. Texting while driving
increases the chance of getting into an accident. A person simply
cannot drive attentively when searching for the needed letters or
symbols for texting.

According to studies done by AAA, any activity that takes a driver's
attention off the road for more than two seconds can double a
driver's risk of a crash. According to Zogby Poll, 66% of people
between 18-24 send text messages while behind the wheel. A Harris
Interactive poll found that 91% of Americans think that driving
while texting is as dangerous as drunk driving and 89% of those
polled support a ban. The seriousness of this growing problem
mandates that the texting and driving law be a primary violation in
New York State.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5643-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          5643
 2011-2012 Regular Sessions
 I N  SENATE
 June 8, 2011
 
 Introduced  by Sens. MARCELLINO, ALESI, ROBACH -- read twice and ordered
 printed, and when printed to be committed to the Committee  on  Trans
 portation
 AN  ACT  to amend the vehicle and traffic law, in relation to the use of
 portable electronic devices while driving
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision 4 of section 1225-d of the vehicle and traffic
 law, as added by chapter 403 of the laws of 2009, is amended to read  as
 follows:

 4.  A  person  who holds a portable electronic device in a conspicuous
 manner while operating a motor vehicle is  presumed  to  be  using  such
 device. The presumption established by this subdivision is rebuttable by
 evidence  [showing]  TENDING TO SHOW that the operator was not using the
 device within the meaning of this section.
 

S 2. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
 as  added  by  chapter  403  of  the laws of 2009, is amended to read as
 follows:

 6. A violation of this section shall be a traffic infraction and shall
 be punishable by a fine of not more  than  one  hundred  fifty  dollars.
 [Provided,  however,  that  a  summons  for operating a motor vehicle in
 violation of this section shall only be issued when there is  reasonable
 cause  to  believe  that  the  person  operating  such motor vehicle has
 committed a violation of the laws of this state other than  a  violation
 of this section.]
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03315-02-1

S5643-2011: Relates to the use of portable electronic devices