2007 New York Legislation – updated 05-04-07

Motorcycle Related:

Bill Number: A03699/S2836
Assembly Sponsor: Parment
COSPNSR Lupardo
MLTSPNSR Hikind, Latimer, Magee
Senate Sponsor: Nozzolio
COSPNSR: Farley, Johnson, Maziarz, Morahan, Wright
Amd S381, V & T L

Exempts motorcyclists over the age of twenty-one from the requirement of wearing protective helmets of a type approved by the commissioners of motor vehicles when operating or riding a motorcycle.

Assembly Status: 01/26/2007 referred to transportation
Senate Status: 02/12/2007 referred to transportation

Bill number: A00197 [No same as]
Sponsor: Gantt –on Assembly Transportation agenda May 8 [NEW]
Amd S381, V & T L
Requires motorcycle user to wear helmets that meet the federal motor vehicle safety standards and which have been impact-tested by the U.S. department of transportation, the commissioner of motor vehicles or by an independent laboratory approved by the commissioner of motor vehicles.
Assembly Status: 01/03/2007 referred to transportation

Bill Number: A00199 [No same as]
Sponsor: Gantt
Amd S381, V & T L
Increases the fine for operating a motorcycle with a muffler that produces excessive or unusual noise from one hundred dollars to seven hundred dollars.
Assembly Status: 01/03/2007 referred to transportation

Bill Number: A01939/ S01705
Assembly Sponsor: Lupardo.
COSPNSR Canestrari, Zebrowski, DelMonte, Schroeder, Espaillat, Aubertine, Magee, Carrozza
MLTSPNSR Boyland, Brennan, Cook, Crouch, Destito, John, Lafayette, Latimer, Lopez V, Markey,
McEneny, Miller, Pheffer, Pretlow, Sweeney, Titus, Weisenberg
Senate Sponsor Robach
Amd S423-a, V & T L
Provides that ownership of unidentifiable part in identifiable motorcycle, other than a stolen motorcycle shall be returned to such owner, provided that department has made findings such owner had no knowledge part was unidentifiable and that owner wasn’t responsible nor acted in concert to render such part unidentifiable;
provides that a department investigation shall take place within thirty days after seizure of motorcycle; and requires commissioner to establish criteria to determine whether motorcycle shall be confiscated, seized or impounded and also to establish a system to ensure return of motorcycles to owners in undamaged condition.
Assembly Status: 01/11/2007 referred to transportation
04/24/2007 reported referred to codes
Senate Status: 01/24/2007 referred to transportation

Bill Number: A02102 [No same as]
Sponsor: Brennan -on Assembly agenda May 7 [NEW]

COSPNSR Ortiz, John, Colton, Lupardo

MLTSPNSR Abbate, Canestrari, Fields, Gordon D, Hooper, McEneny, Sweeney

Amd S420, V & T L

Permits registrants of stolen motor vehicles, motorcycles or trailers to credit the unused portion of the requisite registration fee against any subsequent registration fees for other vehicles owned by the registrant.

Assembly Status: 01/12/2007 referred to transportation

02/06/2007 reported referred to ways and means

04/24/2007 reported

04/26/2007 advanced to third reading cal.289

Bill Number: A02226 [No same as]
Sponsor: John
COSPNSR
Amd S361, Pub Auth L; amd S1630, V & T L
Exempts motorcycles from tolls collected from the New York state thruway authority by authorizing the thruway authority to promulgate rules and regulations to establish such exemption.
Assembly Status: 01/16/2007 referred to transportation

Bill Number: A02780/ S01662

Assembly Sponsor: Kolb

COSPNSR Walker, Errigo

MLTSPNSR Raia

Senate Sponsor: Padavan

COSPNSR: Marcellino, Morahan, Rath, Skelos

Amd S450.10, Pen L

Expedites the return of stolen motor vehicles and motorcycles to their rightful owners thereby reducing overcrowding of police storage pounds; provides for evidentiary photographs of their vehicle to be made available upon discovery.

Assembly Status: 01/19/2007 referred to Codes

Senate Status: 01/24/2007 referred to Codes

02/27/2007 1st report CAL.188

02/28/2007 2nd report CAL.
03/05/2007 advanced to third reading
03/12/07 passed senate
03/12/07 delivered to the assembly
03/12/07 referred to assembly codes

Bill Number A05573/ S 2049
Assembly Sponsor: Townsend
COSPNSRSenate Sponsor: RATH
COSPNSR: Alesi, LaValle, Leibell, Maltese, Maziarz, Padavan, Robach, Skelos, Trunzo,
Volker, Wright, Young
Amd S510, V & T L
Provides for the mandatory one year suspension of a driver’s license where the holder uses a motor vehicle or motorcycle in the commission of a crime or permits a passenger to do so; does not apply to driving while under the influence of alcohol or drugs.
Assembly Status: 02/20/2007 referred to transportation
Senate Status: 01/30/2007 referred to transportation

Bill Number A07098 [no same as]
Sponsor: Markey
COSPNSR Millman, Hooper, Galef, Carrozza, Fields, Mayersohn, Lafayette, Benedetto, Clark
MLTSPNSR Dinowitz, Maisel, Robinson, Weisenberg
Amd S1251, V & T L
Prohibits a person from operating or riding a motorcycle on a public highway, road or street in this state with a child under the age of twelve on such motorcycle.
Assembly Status: 03/29/2007 referred to transportation

Bill Number: A07568/S00405
Assembly Sponsor: Lupardo
Cospnsr:
Senate Sponsor: Young
Cospnsr: Maziarz
Amd S1111, V & T L
Authorizes the operator of a motorcycle to cautiously proceed through an intersection when facing a steady red traffic-control signal, if he or she has stopped and the signal remains red for an unreasonable
period of time such that the signal is apparently malfunctioning or is triggered by the approach of a motor vehicle and the motor vehicle has not been detected by the signal.
Assembly Status: 04/20/2007 referred to transportation
Senate Status: 01/03/2007 referred to transportation

Bill Number A04755/S01739
Assembly Sponsor: Barra
COSPNSR
MLTSPNSR
Senate Sponsor: Sabini
COSPNSR: Breslin, Diaz, Dilan, Hassell-Thompson, Onorato, Sampson, Savino
MLTSPNSR
Add S231, Exec
Authorizes the superintendent of state police to establish and maintain a statewide gang database consisting of information pertaining to criminal street gang members in order to assist state and local law enforcement
agencies in the apprehension and prosecution of such criminal street gang members.
Assembly Status: 02/06/2007 referred to governmental operations Senate
Senate Status: 01/25/2007 referred to finance

Helmet Related:

Bill Number: A00138 [No same as]
Sponsor: Hayes
COSPNSR: Kolb
Ren S398-d to be S398-f, add SS398-d & 398-e, Gen Bus L; amd S206, Pub Health L
Requires persons under 14 years of age who ice skate to wear protective helmets, and requires ice skating facilities to supply helmets and helmet safety information; provides penalty for a violation and that failure to comply shall not constitute contributing negligence or assumption of risk; further provides that the commissioner of public health establish a statewide ice skate helmet education program
Assembly Status: 01/03/2007 referred to tourism, arts and sports development

Bill Number: A00189 [No same as]
Sponsor: Gant
Add SS102-c & 1238-a, amd S125, V & T L
Defines the term "electric assisted bicycle" for applicability of the vehicle and traffic law; requires persons sixteen years of age or younger to wear a helmet when operating an electric assisted bicycle.
Assembly Status: 1/3/07 - Introduced and referred to Assembly Committee on Transportation.
02/06/2007 reported referred to codes
02/13/2007 reported
02/22/2007 advanced to third reading cal.28
02/26/2007 passed assembly
02/26/2007 delivered to senate
02/26/2007 referred to senate transportation

Bill Number: A00419 [No same as]
Sponsor: Magnarelli
COSPNSR Benjamin, Dinowitz, Greene, Gordon D
MLTSPNSR Clark, Gottfried, Robinson
Amd S1238, V & T L
Requires operators of bicycles, skateboards and inline skates who are under 18 years of age to wear protective headgear.
Assembly Status: 01/03/2007 referred to tourism, arts and sports development

Bill Number: A00753 [No same as]
Sponsor: Wright
Amd S10-157, NYC Ad Cd
Requires commercial bicyclists in New York City to wear helmets, display the required identifier at the rear of the bicycle, and register with the local police precinct.
Assembly Status: 1/03/07 - Introduced and referred to Assembly Committee on Cities.

Bill Number: A02330 [No same as]
Sponsor: Ortiz
COSPNSR Millman, Scarborough
MLTSPNSR Clark, Cook, Hikind, Mayersohn
Amd SS18-103, 18-105 & 18-106, Gen Ob L; add S867-a, Lab L
Requires skiers to wear protective helmets and requires that ski area operators make educational literature regarding injury prevention and such helmets available to the public and require their use; provides for penalties for violations by ski area operators.
Assembly Status: 01/16/2007 referred to judiciary

Bill Number A05121 [No same as]
Sponsor: Wright

Amd S18-105, Gen Ob L

Prohibits a skier from skiing in any area unless he or she is wearing a protective helmet; applicable to skiers between one and fourteen years of age.

Assembly Status: 02/12/2007 referred to judiciary

Bill Number A05376/ S00796 [NEW]

Assembly Sponsor: McEneny

COSPNSR Lupardo

MLTSPNSR Abbate, Aubertine, Benjamin, Colton, Cook, DelMonte, Destito, Espaillat, Gordon D, Lancman, Magee, Reilly, Rivera J, Schimminger, Sweeney, Towns, Weisenberg

Senate Sponsor: Flanagan

COSPNSR: Leibell, Marcellino, Maziarz, Padavan, Rath

Exempts bicycle, motorcycle, snowmobile and equestrian helmets from sales and use tax.

Assembly status: 02/15/2007 referred to ways and means

Senate Status: 01/09/2007 referred to investigations and Government Operations

03/06/2007 reported and committed to Finance

04/30/2007 1ST report CAL.707

05/01/2007 2ND report CAL.

05/02/2007 advanced to third reading

Bill Number A05606 [No same as]
Sponsor: Lope
Add S18-105-a, Gen Ob L
Requires skiers to wear helmets and imposes civil penalties for failure to do so; such penalties shall be $50 for the first offense and $100 for each subsequent offense; parents would be responsible for payment of fines if minor less than 16 years of age commits a violation hereof.
Assembly Status: 02/20/2007 referred to judiciary

Bill Number: S02091 [No same as]
Sponsor: Sampson
COSPNSR: Adams, Dilan, Duane, Hassell-Thompson, Krueger, Onorato, Parker, Stavisky
Amd S1238, V & T L
Prohibits the operation of a scooter by a person less than eight years of age without the supervision of a parent or guardian and without such person wearing a helmet.
Senate Status: 01/31/2007 referred to transportation

Bill Number S02534 [No same as]
Sponsor: Kruger

COSPNSR

Amd S18-103, Gen Ob L

Requires ski area operators to provide helmets on-site for optional rental by skiers and snowboarders.

Senate Status: 02/07/2007 referred to Judiciary

Bill Number S5677 [No same as]
Sponsor: Young [NEW]
Vehicle and Traffic Law
Amd S1265, V & T L; amd S396-dd, Gen Bus L
Provides that all persons under the age of 18 who ride a horse must wear a helmet, rather than those under 14; imposes a $500 civil fine upon the sponsor of an organized equine event or activity who allows a violation of such requirement.
Senate Status: 04/25/07 referred to transportation

Driving Related:

Bill Number A00188 [No same as]
Sponsor: Gantt [NEW]
COSPNSR: Gabryszak
Add S1212-a, amd S1122, V & T L
Creates crimes of criminally aggressive driving in the third, second, and first degrees and requires pre-licensing education thereon; provides for suspension or revocation of drivers` licenses for violations; prohibits the issuance of restricted use licenses to persons convicted of criminally aggressive driving; and prohibits a reduction in insurance premiums for any course which fails to address aggressive driving.
Assembly Status: 01/03/2007 referred to transportation
05/01/2007 reported referred to codes

Bill Number A00230 [No same as] Sponsor: Gantt [NEW]
COSPNSR
MLTSPNSR
Add S1212-a, amd SS1212 & 1809, V & T L; add S98-d, St Fin L
Causes a person who engages in certain non-driving activities while driving to be guilty of inattentive driving; provides that inattentive driving is considered a traffic infraction; provides that if a person commits three violations of inattentive driving during an eighteen month period, he or she is guilty of reckless driving.
Assembly Status: 01/03/2007 referred to transportation
05/01/2007 reported referred to codes

Bill Number A01234/S1290:
Assembly Sponsor: Bing
COSPNSR Benjamin, Ortiz, Cahill, Titus, Lavelle
MLTSPNSR Boyland, Brook-Krasny, Cook, Cymbrowitz, Diaz R, Gordon D, Grannis, Hooper, Lafayette,
Lavine, Millman, Peralta, Towns
Senate Sponsor: Bonacic
Add S1212-a, V & T L; amd S120.03, add S125.14, Pen L
Creates the offense of driving while drowsy, a class A misdemeanor; includes driving while drowsy under the offense of vehicular assault in the second degree; creates the crime of vehicular homicide caused by driving while ability impaired by fatigue, a class E felony, subject to an indeterminate term of imprisonment of up to three years and license revocation.
Assembly Status: 01/03/2007 referred to transportation
Senate Status: 01/18/07: referred to transportation

Bill number: A02115 [no same as]
Sponsor: Lentol
COSPNSR Alfano, Aubertine, John, Eddington, Bradley, Lafayette, Canestrari, Carrozza, Englebright, Hoyt, Koon, Paulin
MLTSPNSR Barra, Sweeney, Tonko, Towns, Weinstein, Weisenberg
Add S1212-a, V & T L
Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle when such death was caused committing a major traffic violation and such person was previously convicted of two or more major traffic violations or such person’s license was revoked.
Assembly Status: 01/12/2007 referred to transportation

Bill number: A02332 [No same as]
Sponsor: Galef

COSPNSR Dinowitz, Townsend, Cymbrowitz, Fields, Alfano, Spano, Hooper

MLTSPNSR Barra, Benjamin, Calhoun, Giglio, McKevitt, Miller, Walker

Add S1212-a, V & T L

Defines offense of driving while ability impaired by fatigue which prohibits driving or using a motor vehicle, motorcycle or other vehicle or any appliance or accessory thereof while the driver`s ability or alertness is so impaired, or so likely to become impaired, through fatigue as to make it unsafe for him or her to begin or continue to operate said motor vehicle; offense constitutes a traffic infraction; provides that is the offense results in death or serious physical injury to any person, then the offense constitutes aggravated driving while ability impaired by fatigue which shall constitute a misdemeanor.

Assembly Status: 01/16/2007 referred to transportation

Bill Number A02629 [no same as]
Sponsor: Reilich

COSPNSR Kolb, Finch, Alfano, Errigo

MLTSPNSR Barra, McDonough

Add S120.65, amd S70.00, Pen L

Creates and defines the new crime of aggressive driving as a class E felony; establishes minimum one year sentence when court imposes alternative definite sentence.

Assembly Status: 01/17/2007 referred to codes

Bill Number A03004 [No same as]
Sponsor: Alessi

Add S1225-d, V & T L

Directs the department of motor vehicles to establish a toll free hot-line and database for reporting incidents of aggressive driving; permits the issuance of traffic infractions with a fine of $200 to operators about whom ten separate complaints have been filed.

Assembly Status: 01/22/2007 referred to transportation

Bill Number: A03207/S01486

Assembly Sponsor: Sweeney

COSPNSR John, Aubertine, Koon, Fields, Galef, Zebrowski

MLTSPNSR Clark, Colton, Cook, Cymbrowitz, Destito, Gunther, Hooper, Lafayette, Magee, Mayersohn, Millman, Ortiz, Pheffer, Scarborough, Weisenberg

Senate Sponsor: Trunzo

COSPNSR: Alesi, Bonacic, DeFrancisco, Maltese, Padavan, Seward, Skelos, Young

Add S1183, V & T L

Establishes the traffic infraction of aggressive driving punishable by a fine and suspension; provides that a second

conviction for such offense within five years constitutes a class A misdemeanor, punishable by a fine of not more than one thousand dollars, imprisonment for not more than one year, license suspension or a combination of such sanctions.

Assembly Status: 01/23/2007 referred to transportation

Senate Status: 01/22/07 referred to transportation

Bill Number A03442/S1697 S1697 –on Senate agenda May 7 [NEW]

Assembly Sponsor: Galef

COSPNSR Townsend, Zebrowski, Mayersohn, Aubertine, Fields, Benedetto, Gabryszak, Alfano, Errigo, Kolb, Walker, Ball

MLTSPNSR Barra, Brennan, Giglio, Gordon D, Jaffee, Koon, McEneny, Miller, Pheffer, Thiele, Weisenberg

Senate Sponsor: Robach

Add SS120.09 & 125.30, Pen L

Creates the felonies of aggravated vehicular assault and vehicular murder, to be Class C and Class B felonies, respectively.

Assembly Status: 01/24/2007 referred to codes

Senate Status: 01/24/2007 referred to codes

02/27/2007 1ST report CAL.189

02/28/2007 2nd report CAL.

03/05/2007 Advanced to third reading

Bill Number: A04139 [No same as]
Sponsor: Spano

COSPNR: Molinaro, Errigo, Kolb, Alfano, Raia, Giglio, Mayersohn, Saladino, Thiele, Ball

MLTSPNSR: Bacalles, Burling, Calhoun, Conte, Crouch, Duprey, Galef, Oaks, Sayward, Weisenberg

Rpld S125.13 sub 1, amd S125.25, Pen L

Enacts the "Johnny Lopez law" to include the commission of aggravated driving while intoxicated (BAC .18 or more) within the meaning of "circumstances evincing a depraved indifference to human life" for purposes of the class A-I felony of murder in the second degree; creates a rebuttable presumption that the commission of aggravated driving while intoxicated is reckless conduct which creates a grave risk of death to another person; eliminates reference to aggravated driving while intoxicated from the class C felony of vehicular manslaughter in the first degree.

Assembly Status: 01/31/2007 referred to codes

Bill Number: A04143/S02488 [NEW]

Assembly Sponsor: Young

Senate Sponsor: Stavisky

Add S1212-a, amd SS510 & 1193, V & T L; amd SS120.03, 120.04, 125.12 & 125.13,

Pen L

Establishes the crime of operating a vehicle while fatigued; relates to vehicular assault and vehicular manslaughter by including within the definition of such crimes the operation of a vehicle while fatigued and as a result of such operation causes serious physical injury or death to another person.

Assembly Status: 01/31/2007 referred to transportation

05/01/2007 held for consideration in transportation

Senate Status: 02/06/07 referred to transportation

Bill Number: A04684 [No same as]
Sponsor: Lafayette
COSPNSR Weisenberg
MLTSPNSR Sweeney
Add S1111-b, V & T L
Authorizes municipalities to enact local laws providing for photographic coverage of traffic signals;
establishes motor vehicle owner liability for failure of an operator of such motor vehicle to comply with such traffic signals unless such use was unauthorized.
Assembly Status:02/05/2007 referred to transportation

Bill Number: A04723/S01485 S01485-on Senate agenda May 7 [NEW]
Assembly Sponsor: Glick
COSPNSR Espaillat, Benedetto, Markey, Zebrowski, Dinowitz, Cook, Pheffer, Fields
MLTSPNSR Clark, Diaz L, Galef, Gottfried, John, Mayersohn, Weisenberg
Senate Sponsor: Trunzo
COSPNSR: Bonacic, DeFrancisco, Larkin, Leibell, Maltese, Robach, Skelos, Volker, Young
Amd S1180, V & T L
Provides that, in addition any other penalties authorized by law, a person convicted of speeding in excess of 100 miles per hour shall be liable for a civil penalty of one thousand dollars.
Assembly Status: 02/06/2007 referred to transportation
Senate Status: 01/22/07 referred to transportation
05/01/2007 1st report CAL.765
05/02/07 2nd Report CAL

Bill Number A07864 [No same as]
Sponsor: Miller [NEW]
SPONSOR Miller
COSPNSR Barra, Crouch, Errigo
MLTSPNSR
Add S1216-a, V & T L
Relates to prohibiting exhibition driving; defines exhibition driving, and provides that such driving is a misdemeanor except to prevent injury to persons or damage to property.
Assembly Status: 04/26/2007 referred to transportation

Bill Number: S04814 [No same as]
Sponsor: Nozzolio
COSPNSR
MLTSPNSR
Add SS120.70, 120.75 & 120.80, Pen L; amd SS502, 510 & 530, V & T L
Creates crimes of criminal aggressive driving in the third, second, and first degrees, requires pre-licensing education thereon, provides for suspension or revocation of drivers` licenses for violations, prohibits the issuance of restricted use licenses to persons convicted of criminally aggressive driving, provides that a course shall meet or exceed the "Attitudinal Dynamics of Driving" course developed by the National Safety Council which shall consist of behavior-based training in order to promote positive and safe decision-making; mandates that such course shall be at least eight hours in length and shall not be eligible for a reduction in insurance premiums.
Senate Status: 04/23/2007 referred to Codes