New York State Assembly

 
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A09646 Summary:

A09646 Actions:

A09646 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:02/04/2020AYE/NAY:23/1  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Excused
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Nay
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye
Darling
Aye

Committee:CODES   Chair:Lentol      
DATE:02/04/2020AYE/NAY:19/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Reilly
Aye
Lavine
Excused
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

Committee:RULES   Chair:Heastie      
DATE:02/04/2020AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Malliotakis
Aye
Ortiz
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Excused

A09646 Floor Votes:

A09646 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9646
 
                   IN ASSEMBLY
 
                                    January 30, 2020
                                       ___________
 
        Introduced by M. of A. MAGNARELLI, CRESPO, DE LA ROSA, JOYNER, PICHARDO,
          REYES -- read once and referred to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to seatbelts in
          a taxi or livery
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (c) of subdivision 3-c of section 1229-c  of  the
     2  vehicle  and  traffic  law,  as  added by a chapter of the laws of 2020,
     3  amending the vehicle and traffic law relating to  safety  belt  require-
     4  ments  for  taxis  and livery vehicles, as proposed in legislative bills
     5  numbers S.  7134 and A. 8990, is amended to read as follows:
     6    (c) No person [shall operate a taxi or livery  unless  all  passengers
     7  who  are  age]  eight  years of age or older but under age sixteen [are]
     8  shall be a  passenger  in  a  taxi  or  livery  unless  such  person  is
     9  restrained  by  a  safety  belt approved by the commissioner.   A police
    10  officer shall only issue a summons for a violation of this paragraph  to
    11  the  parent  or  guardian of such person if the violation by such person
    12  occurs in the presence of such person's parent  or  guardian  and  where
    13  such  parent  or guardian is eighteen years of age or more. Such summons
    14  shall only be issued to such parent or guardian and shall not be  issued
    15  to the person eight years of age or older but under age sixteen.
    16    §  2.  Subdivision 5 of section 1229-c of the vehicle and traffic law,
    17  as amended by chapter 340 of the laws of 2017, is  amended  to  read  as
    18  follows:
    19    5.  Any  person  who  violates  the  provisions  of subdivision three,
    20  three-c or ten-a of this section shall be punished by a civil fine of up
    21  to fifty dollars. Any person who violates the provisions of  subdivision
    22  one,  two,  eleven  or  thirteen  of this section shall be punished by a
    23  civil fine of not less  than  twenty-five  nor  more  than  one  hundred
    24  dollars.  In any prosecution or proceeding alleging a violation of para-
    25  graph (b) of subdivision one or paragraph (c) of subdivision two of this
    26  section, it shall be an affirmative defense that the  passenger  subject
    27  to  the  requirements of such paragraphs was restrained by a safety belt
    28  and measures more than four feet nine inches  in  height  and/or  weighs
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15083-03-0
        A. 9646                             2
 
     1  more  than one hundred pounds. In any prosecution or proceeding alleging
     2  a violation of paragraph (b) or paragraph (c) of subdivision three-c  of
     3  this  section,  it  shall  be  an  affirmative defense that such taxi or
     4  livery  was  in violation of subdivision four-b of section three hundred
     5  eighty-three of this chapter.
     6    § 3. Subdivision 51 of section 375 of the vehicle and traffic law,  as
     7  added by chapter 495 of the laws of 2003, is amended to read as follows:
     8    51.  Taxicab  and  livery notices. (a) Every taxicab and livery regis-
     9  tered in this state shall have  posted  therein  the  following  notice:
    10  "Seatbelts  must be available for your use. [Please] You must buckle up,
    11  it's the law."
    12    (b) The notices required to be posted pursuant  to  paragraph  (a)  of
    13  this  subdivision shall be posted in a manner legible and conspicuous to
    14  passengers in all seating positions of such vehicles.  Provided,  howev-
    15  er, that in addition to the requirements of this paragraph, such notices
    16  posted  within  taxis and liveries subject to registration and licensing
    17  by cities having a population of one  million  or  more  shall  also  be
    18  provided  in  the  top two designated citywide languages as such term is
    19  defined in section 23-1101 of the administrative code of the city of New
    20  York.
    21    § 4. The commissioner of  motor  vehicles  shall  undertake  a  public
    22  education  campaign  to  alert  drivers of for-hire vehicles and cities,
    23  towns and villages which regulate for-hire vehicles of the provisions of
    24  sections 1229-c and 375 of the vehicle and traffic law,  as  amended  by
    25  sections one, two, and three of this act.
    26    §  5.  This  act  shall  take  effect on the same date and in the same
    27  manner as a chapter of the laws of 2020, amending the vehicle and  traf-
    28  fic  law relating to safety belt requirements for taxis and livery vehi-
    29  cles, as proposed in legislative bills numbers  S.  7134  and  A.  8990,
    30  takes  effect;  provided,  however, that section three of this act shall
    31  take effect one year after this act shall have become a  law.  Effective
    32  immediately,  the addition, amendment and/or repeal of any rule or regu-
    33  lation necessary for the implementation of this  act  on  its  effective
    34  date are authorized to be made and completed on or before such effective
    35  date.