A00150 Summary:
BILL NO | A00150 |
  | |
SAME AS | SAME AS S02702 |
  | |
SPONSOR | Paulin |
  | |
COSPNSR | Cruz, Jean-Pierre, Reyes, Sayegh, DeStefano, Wallace, Steck, Taylor, Fahy, Jacobson, Zebrowski, Dinowitz, Seawright, Bores |
  | |
MLTSPNSR | Epstein, Simon |
  | |
Amd §§2409 & 2410, V & T L | |
  | |
Increases age for use of ATVs by minors from age ten to fourteen. |
A00150 Actions:
BILL NO | A00150 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/04/2023 | referred to transportation | |||||||||||||||||||||||||||||||||||||||||||||||||
01/24/2023 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/26/2023 | advanced to third reading cal.4 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2023 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2023 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2023 | REFERRED TO TRANSPORTATION | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2023 | SUBSTITUTED FOR S2702 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2023 | 3RD READING CAL.1006 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2023 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2023 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/13/2023 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/25/2023 | signed chap.539 |
A00150 Committee Votes:
Magnarelli | Aye | McDonough | Excused | ||||||
Lupardo | Aye | Miller | Nay | ||||||
Thiele | Aye | Norris | Nay | ||||||
Simon | Aye | DeStefano | Aye | ||||||
Williams | Aye | Durso | Aye | ||||||
Fahy | Aye | Giglio | Nay | ||||||
McMahon | Aye | McGowan | Aye | ||||||
Darling | Aye | Slater | Nay | ||||||
Wallace | Aye | ||||||||
Burgos | Aye | ||||||||
Gallagher | Aye | ||||||||
Mitaynes | Aye | ||||||||
Sillitti | Aye | ||||||||
De Los Santos | Aye | ||||||||
Cunningham | Aye | ||||||||
Alvarez | Aye | ||||||||
Shrestha | Aye | ||||||||
Shimsky | Aye | ||||||||
Go to top
A00150 Floor Votes:
Yes
Alvarez
Yes
Carroll
No
Flood
Yes
Kim
No
Palmesano
No
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
Yes
Slater
No
Angelino
No
Chang
No
Friend
Yes
Lee
Yes
Peoples-Stokes
No
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
No
Lemondes
Yes
Pheffer Amato
No
Smullen
Yes
Aubry
Yes
Colton
No
Gallahan
Yes
Levenberg
No
Pirozzolo
Yes
Solages
No
Barclay
Yes ‡
Conrad
Yes
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Cook
Yes
Gibbs
Yes
Lunsford
Yes
Ra
Yes
Stern
No
Beephan
Yes
Cruz
No
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
No
Bendett
Yes
Cunningham
No
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
No
Tague
Yes
Benedetto
No
Curran
Yes
Glick
No
Maher
Yes
Ramos
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Tapia
No
Blankenbush
Yes
Davila
ER
Goodell
No
Manktelow
Yes
Reyes
Yes
Taylor
No
Blumencranz
Yes
De Los Santos
No
Gray
Yes
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
No
DeStefano
No
Gunther
No ‡
McDonough
Yes
Rosenthal D
Yes
Vanel
No
Brabenec
Yes
Dickens
No
Hawley
No
McGowan
Yes
Rosenthal L
Yes
Walker
Yes
Braunstein
Yes
Dilan
Yes
Hevesi
Yes
McMahon
Yes
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
No
Santabarbara
No
Walsh
No
Brook-Krasny
No
DiPietro
Yes
Hyndman
No
Mikulin
Yes
Sayegh
Yes
Weinstein
No
Brown E
Yes
Durso
Yes
Jackson
No
Miller
Yes
Seawright
Yes
Weprin
No
Brown K
No
Eachus
Yes
Jacobson
Yes
Mitaynes
ER
Septimo
Yes
Williams
Yes
Burdick
Yes
Eichenstein
Yes
Jean-Pierre
No
Morinello
Yes
Shimsky
No
Woerner
Yes
Burgos
Yes
Epstein
No
Jensen
No
Norris
Yes
Shrestha
Yes
Zaccaro
Yes
Burke
Yes
Fahy
No
Jones
Yes
Novakhov
Yes
Sillitti
Yes
Zebrowski
No
Buttenschon
ER
Fall
Yes
Joyner
ER
O'Donnell
Yes
Simon
Yes
Zinerman
No
Byrnes
No
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A00150 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A150REVISED 2/13/2023 SPONSOR: Paulin
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the opera- tion of all-terrain vehicles by minors   PURPOSE: To raise the age of ATV operators to fourteen years of age, in certain circumstances.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends Section 2409(2) of Article 48C of the New York State Vehicle and Traffic Law to change the age of completing an ATV safety course and earning an ATV safety certificate from ten years of age to fourteen years of age. Section 2 of the bill amends Section 2410 (1) and (2) to eliminate the possibility of a sixteen year old with an ATV safety certificate super- vising a minor operating an ATV and to change the age of legal operation of an ATV by a minor from ten years of age to fourteen years of age, under certain circumstances. Section 3 provides the effective date.   JUSTIFICATION: Recent serious accidents and fatalities involving minors operating All- Terrain Vehicles (ATVs) have highlighted the need to enact legislation. Over 24,000 children under the age of sixteen are injured in ATV-related accidents each year. 1 Though 30% of ATV-related injuries and 13% of deaths involve minors, their hospitalization rates are 30% higher than for adults. 2 Traumatic brain injury is the leading cause of death for children under sixteen involved in fatal ATV accidents, with younger children (under six years) being at highest risk 3. ATVs, depending on the particular model, can weigh 600 pounds or more, and reach speeds exceeding 70 miles per hour. Machines of this size and speed are not suitable for young children to operate. According to the American Academy of Pediatrics, operating ATVs is especially dangerous for young children, given their smaller size and relative immaturity. In addition, the group believes that children are "not developmentally capable of operating these heavy, complex machines." This legislation amends the Vehicle and Traffic Law and makes several changes to promote greater ATV safety and to prevent tragedies involving minors. First, the allowable age to receive an ATV safety certificate will be raised from the current ten years to fourteen years or older. Currently, children as young as ten are permitted to earn an ATV safety certificate from the Department of Motor Vehicles by taking an approved safety course. Next, children under sixteen will only be allowed to operate an ATV on public land, as permitted by section 2403 of the Vehi- cle and Traffic Law, as long as they are supervised by someone eighteen years or older. They would no longer be permitted to be supervised in the alternative by someone over sixteen who holds an ATV safety certif- icate. In addition, the bill rais- es to fourteen years old (from the current ten) the age at which a minor who has received a safety certif- icate may operate an ATV in the same manner as someone who is sixteen or older, meaning without supervision and on any area of land that is permissible for those sixteen and older. The Legislature must take steps to protect young children, whose inexpe- rience and lack of understanding of the potential dangers associated with ATV riding make them a vulnerable population. Raising the age to receive a safety certificate and operate an ATV in the same manner as a sixteen year old, as well as removing the provision in the law allowing for supervision by someone sixteen or older who has a safety certif- icate, will help to prevent senseless accidents and deaths.   PRIOR LEGISLATIVE HISTORY: 2021/2022: A.586, advanced to third reading/ S.680, passed Senate in 2021 and referred to transportation in 2022. 2020: A.6087, ordered to third reading / S.5035, referred to transporta- tion. 2019: A.6087, advanced to third reading / S.5035, passed Senate.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law. 1 A Systematic Review of Youth and All-Terrain Vehicles Safety in Agri- culturers. Frzaneh Khorsandi, Guiherme De Moura Araujo, and Fadi Fathal- lah. 2022. Journal of Agromedicine. Available at https://) ,,/10.1080/1059924X '"'("7") ' 2 American Academy of Pediatrics Recommendations for the Prevention of Pediatric ATV-Related Deaths and Injuries. Charles A. Jennissen, Gerene M. Denning, Mary E. Aitken, The Council on Injury, Violence, and Poison Prevention. 2022. Pediatrics 150(4). Available at https://doi.orgli 0.1542 /peds.2022-059279 3 2021 Report of Deaths and Injuries Involving Off-Highway Vehicles with More than Two Wheels. John Topping. Division of Hazard Analysis, US. Consumer Product Safety Commission. Available at https://www.cpsc..:.)v/cont.entr:.C.'. Repor',.eaths-and-:Epjpri es-
A00150 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 150 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. PAULIN, CRUZ, JEAN-PIERRE, REYES, SAYEGH, DeSTE- FANO, WALLACE, STECK, TAYLOR, FAHY, JACOBSON -- Multi-Sponsored by -- M. of A. EPSTEIN, SIMON -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the opera- tion of all-terrain vehicles by minors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 2409 of the vehicle and traffic 2 law, as added by chapter 402 of the laws of 1986, is amended to read as 3 follows: 4 2. Safety certificate. Upon successful completion of a safety course 5 given in conformity with subdivision one of this section by a person 6 [ten] fourteen years of age or over, the person or entity which gave the 7 course shall notify the commissioner of such completion in a manner 8 prescribed by the commissioner. The commissioner shall, upon receipt of 9 such information, issue an ATV safety certificate to the person who has 10 successfully completed the course. Such certificate may be limited to 11 the type of vehicle for which the course was given. 12 § 2. Subdivisions 1 and 2 of section 2410 of the vehicle and traffic 13 law, as added by chapter 402 of the laws of 1986, are amended to read as 14 follows: 15 1. Except as provided by subdivision two of this section, no person 16 under the age of sixteen years shall operate an ATV except upon lands 17 owned or leased by his or her parent or guardian, unless he or she is 18 under general supervision of a person eighteen years of age or over [or19a person sixteen years of age or over who holds an ATV safety certif-20icate]. "Leased lands" as herein used shall not include lands leased by 21 an organization of which said operator or his or her parent or guardian 22 is a member. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02108-01-3A. 150 2 1 2. A person [ten] fourteen years of age but less than sixteen years of 2 age who has received safety training as prescribed by the commissioner 3 and has received the appropriate ATV safety certificate issued by the 4 commissioner may operate an ATV in the same manner as a person who is 5 sixteen years of age or older. 6 § 3. This act shall take effect on the one hundred twentieth day after 7 it shall have become a law.
A00150 LFIN:
  | NO LFIN |
A00150 Chamber Video/Transcript:
5-31-23 | Video (@ 04:20:35) | Transcript pdf | Transcript html |