Bill Text: NY S03729 | 2025-2026 | General Assembly | Introduced

---

Bill Title: Requires portable electronic devices distributed after January 1, 2028 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-29 - REFERRED TO CONSUMER PROTECTION [S03729 Detail]

Download: New_York-2025-S03729-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3729

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 29, 2025
                                       ___________

        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:

     1    Section 1. The general business law is amended by adding a new section
     2  390-f to read as follows:
     3    §  390-f.  Distribution  of  portable  electronic  devices. 1. For the
     4  purposes of this section, "portable electronic device"  shall  mean  any
     5  hand-held  mobile  telephone,  as  defined by subdivision one of section
     6  twelve hundred twenty-five-c of the vehicle and  traffic  law,  personal
     7  digital assistant (PDA), handheld device with mobile data access, laptop
     8  computer,   pager,  broadband  personal  communication  device,  two-way
     9  messaging device, electronic game, portable  computing  device,  or  any
    10  other  electronic  device  which  can  be  used  to  input, write, send,
    11  receive, or read text for present or future communication.
    12    2. On and after January first, two thousand twenty-eight, no  manufac-
    13  turer  or  distributor shall provide for sale in this state any portable
    14  electronic device, unless the ability of such device  to  input,  write,
    15  send,  receive  and  read  text, digital information and images when the
    16  holder of such device is operating a motor vehicle traveling at  ten  or
    17  more miles an hour.
    18    3.  Any  manufacturer  or distributor which violates the provisions of
    19  subdivision two of this section, and any person  who  sells  a  portable
    20  electronic  device  provided  in  violation of such subdivision shall be
    21  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.
                                                                   LBD07495-01-5
        S. 3729                             2

     1    § 2. Subdivisions 1, 3 and 4 of section  1225-d  of  the  vehicle  and
     2  traffic  law, subdivision 1 as amended by section 6 and subdivision 4 as
     3  amended by section 10 of part C of chapter 58 of the laws of  2013,  and
     4  subdivision  3  as added by chapter 403 of the laws of 2009, are amended
     5  to read as follows:
     6    1. Except as otherwise provided in this section, no person shall oper-
     7  ate  a  motor  vehicle  while using any portable electronic device while
     8  such vehicle is in motion; provided, however, that no person shall oper-
     9  ate a commercial motor  vehicle  while  using  any  portable  electronic
    10  device  on  a  public  highway  including  while  temporarily stationary
    11  because of traffic, a traffic control device, or other momentary delays.
    12  [Provided further, however, that a person shall  not  be  deemed  to  be
    13  operating  a  commercial motor vehicle while using a portable electronic
    14  device on a public highway when such vehicle is stopped at the side  of,
    15  or  off, a public highway in a location where such vehicle is not other-
    16  wise prohibited from stopping by law, rule,  regulation  or  any  lawful
    17  order or direction of a police officer.]
    18    3. Subdivision one of this section shall not apply to [(a)] the use of
    19  a  portable electronic device for the sole purpose of communicating with
    20  any of the following regarding  an  emergency  situation:  an  emergency
    21  response operator; a hospital; a physician's office or health clinic; an
    22  ambulance company or corps; a fire department, district or company; or a
    23  police  department[,  (b)  any  of  the  following  persons while in the
    24  performance of their official duties: a police officer or peace officer;
    25  a member of a fire department, district or company; or the  operator  of
    26  an authorized emergency vehicle as defined in section one hundred one of
    27  this chapter].
    28    4.  A  person  who holds a portable electronic device in a conspicuous
    29  manner while operating a motor vehicle or while operating  a  commercial
    30  motor vehicle on a public highway including while temporarily stationary
    31  because  of traffic, a traffic control device, or other momentary delays
    32  [but not including when such commercial motor vehicle is stopped at  the
    33  side  of,  or  off, a public highway in a location where such vehicle is
    34  not otherwise prohibited from stopping by law, rule, regulation  or  any
    35  lawful  order  or direction of a police officer] is presumed to be using
    36  such device[, except that a person operating a commercial motor  vehicle
    37  while using a portable electronic device when such vehicle is stopped at
    38  the  side  of, or off, a public highway in a location where such vehicle
    39  is not otherwise prohibited from stopping by law,  rule,  regulation  or
    40  any  lawful order or direction of a police officer shall not be presumed
    41  to be using such device]. The presumption established by  this  subdivi-
    42  sion is rebuttable by evidence tending to show that the operator was not
    43  using the device within the meaning of this section.
    44    §  3.  This  act shall take effect on the thirtieth day after it shall
    45  have become a law.