Prohibits the use of a wireless communications device when a member of the crew of a commercial passenger aircraft provides notice that such use is prohibited during departure and takeoff from or during landing and arrival at an airport in the state; a violation of such provisions shall be a misdemeanor punishable by a fine of $2,500 for the conviction thereof and by imprisonment for 6 months for each subsequent violation; requires district attorneys to annual report all violations prosecuted during the calendar year.
STATE OF NEW YORK
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6860
2009-2010 Regular Sessions
IN ASSEMBLY
March 13, 2009
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to prohibiting the
use of any wireless communications device at such times during the
takeoff and landing of a commercial passenger aircraft as the crew of
such aircraft shall determine
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
2 244 to read as follows:
3 § 244. Use of wireless communications devices prohibited at certain
4 times. 1. For the purposes of this section, "wireless communications
5 device" shall have the same meaning as is ascribed to such term by
6 subdivision nine of section three hundred one of the county law.
7 2. No person aboard a commercial passenger aircraft shall operate or
8 use a wireless communications device after being instructed or notified
9 by a member of the crew of such aircraft that the use of such device is
10 prohibited during the departure and take off from an airport in this
11 state, or during the landing or arrival at any location in the state. No
12 such operation or use shall be authorized until a member of the crew of
13 the commercial passenger aircraft authorizes the use thereof.
14 3. A violation of subdivision two of this section shall be a misdemea-
15 nor which upon the first conviction thereof shall be punishable by a
16 fine of two thousand five hundred dollars, and upon any subsequent
17 conviction thereof shall be punishable by imprisonment of six months.
18 4. Annually on or before January fifteenth, each district attorney
19 shall report to the attorney general the number of violations of this
20 section his or her office prosecuted during the immediately preceding
21 calendar year. Each such report shall include the place, circumstances
22 and disposition of each violation. On or before February first, each
23 year, the attorney general shall submit a report to the governor and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10044-01-9
A. 6860 2
1 legislature which shall include the information reported to the attorney
2 general by the district attorneys pursuant to this subdivision for this
3 previous calendar year.
4 § 2. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.
