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S10697 Summary:

BILL NOS10697
 
SAME ASNo Same As
 
SPONSORBYNOE
 
COSPNSR
 
MLTSPNSR
 
Add §392-l, Gen Bus L; amd §1225-d, V & T L
 
Bans the sale of certain devices which allow video streaming on the center console or infotainment center of a motor vehicle which are in view of the driver, and the use of such devices while a vehicle is in motion.
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S10697 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10697
 
                    IN SENATE
 
                                   September 11, 2026
                                       ___________
 
        Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the general business law and  the  vehicle  and  traffic
          law, in relation to enacting the "vehicle streaming device ban" act
 
          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  392-l to read as follows:
     3    § 392-l.  Prohibit the sale of any device capable of  allowing  access
     4  to  streaming of video on the infotainment screen equipped to the center
     5  console of such vehicle or any screen otherwise in direct  view  of  the
     6  driver  of  such  vehicle  while  the vehicle is in motion.   1. For the
     7  purposes of this section:
     8    (a) "Streaming device" shall  mean  any  device  capable  of  allowing
     9  access  to streaming of video on the infotainment screen equipped to the
    10  center console of such vehicle or any screen otherwise in direct view of
    11  the driver of such vehicle while the vehicle is in motion.
    12    (b) "Distributor" shall mean any person who delivers to a person other
    13  than purchaser, for the purpose of retail sale.
    14    (c) "Manufacturer" shall mean any person who makes and places into the
    15  stream of commerce any device capable of allowing access to streaming of
    16  video on the infotainment screen equipped to the center console of  such
    17  vehicle  or  any  screen  otherwise in direct view of the driver of such
    18  vehicle while the vehicle is in motion.
    19    (d) "Retailer" shall have the same meaning as set forth in subdivision
    20  eleven of section four hundred ninety-a of this chapter.
    21    (e) "Secondhand dealer" shall have the same meaning as  set  forth  in
    22  subdivision six of section four hundred ninety-a of this chapter.
    23    (f)  "Person"  shall mean a natural person, firm, corporation, limited
    24  liability company, association, or an employee or  agent  of  a  natural
    25  person or an entity included in this definition.
    26    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
    27  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
    28  in this state any streaming device as defined in this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16349-04-6

        S. 10697                            2
 
     1    3.  (a) On or after the effective date of this section, no operator of
     2  a motor vehicle shall utilize any streaming device, as defined in  para-
     3  graph  (a)  of  subdivision one of this section, while the vehicle is in
     4  motion.
     5    (b)  The  commissioner  of  motor  vehicles shall promulgate rules and
     6  regulations to carry  out  the  provisions  of  this  subdivision,  with
     7  respect to the ban on the streaming devices under this section.
     8    4.  Whenever  there  shall  be  a violation of subdivision two of this
     9  section an application may be made by the attorney general in  the  name
    10  of  the  people  of  the  state of New York to a court or justice having
    11  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    12  notice  to  the  defendant  of  not  less  than five days, to enjoin and
    13  restrain the continuance of such violations; and if it shall  appear  to
    14  the  satisfaction  of  the  court  or justice that the defendant has, in
    15  fact, violated this section, an injunction may be issued by the court or
    16  justice, enjoining  and  restraining  any  further  violations,  without
    17  requiring  proof  that  any person has, in fact, been injured or damaged
    18  thereby. In any such proceeding, the court may make  allowances  to  the
    19  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    20  section eighty-three hundred three of the civil practice law and  rules,
    21  and  direct  restitution.  Whenever  the  court  shall  determine that a
    22  violation of subdivision two of this section has occurred, the court may
    23  impose a civil penalty of not more than five hundred  dollars  for  each
    24  violation.  Each sale of a streaming device in violation of this section
    25  shall constitute a separate  violation.  In  connection  with  any  such
    26  proposed  application,  the attorney general is authorized to take proof
    27  and make a determination of the relevant facts and to issue subpoenas in
    28  accordance with the civil practice law and rules.
    29    § 2. Paragraph (a) of subdivision 2 of section 1225-d of  the  vehicle
    30  and  traffic law, as amended by section 8 of part C of chapter 58 of the
    31  laws of 2013, is amended to read as follows:
    32    (a) "Portable electronic device" shall mean any  [hand-held]  handheld
    33  mobile  telephone,  as  defined  by  subdivision  one  of section twelve
    34  hundred twenty-five-c of this article, personal digital assistant (PDA),
    35  handheld device with mobile data access, laptop computer, pager,  broad-
    36  band personal communication device, two-way messaging device, electronic
    37  game,  [or]  portable  computing  device, any device capable of allowing
    38  access to streaming of video on the infotainment screen equipped to  the
    39  center console of such vehicle or any screen otherwise in direct view of
    40  the  driver of such vehicle while the vehicle is in motion, or any other
    41  electronic device when used to input, write, send, receive, or read text
    42  for present or future communication.
    43    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    44  sion, section or part of this act shall be  adjudged  by  any  court  of
    45  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    46  impair, or invalidate the remainder thereof, but shall  be  confined  in
    47  its  operation  to the clause, sentence, paragraph, subdivision, section
    48  or part thereof directly involved in the controversy in which such judg-
    49  ment shall have been rendered. It is hereby declared to be the intent of
    50  the legislature that this act would  have  been  enacted  even  if  such
    51  invalid provisions had not been included herein.
    52    § 4. This act shall take effect immediately.
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