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A02109 Summary:

BILL NOA02109
 
SAME ASSAME AS S04047
 
SPONSORMayer
 
COSPNSRBenedetto, Crespo, Galef, Rivera, Otis, Gottfried, Arroyo, Cymbrowitz, Barrett
 
MLTSPNSRCook, Goodell, Hikind, Perry, Simon
 
 
Establishes the senior driver safety commission and provides for its powers and duties.
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A02109 Actions:

BILL NOA02109
 
01/17/2017referred to transportation
01/03/2018referred to transportation
04/30/2018enacting clause stricken
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A02109 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2109
 
SPONSOR: Mayer (MS)
  TITLE OF BILL: An act to establish the senior driver safety commission and providing for its powers and duties; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: This bill establishes a senior drive safety commission.   SUMMARY OF PROVISIONS: Section 1 cites this legislation as the "Bill Geller Act", in memory of Bill Geller, a forty-seven year man from Somers, New York who was struck and killed by an eighty-eight year old man as he was walking down a street on a clear day. Section 2 establishes the legislative intent, identifying the growing number of senior drivers and increased risk of accidents among this age group as they experience diminished peripheral vision, slower reaction time, limited range of movement, and poor night vision; identifies New York State as lagging other states in adopting provisions to address this demographic shift; and establishes a senior driver safety commis- sion. Section 2 provides that the senior driver safety commission shall consist of twelve members. Four members are to be appointed by the governor -- one from the department of motor vehicles, one from the department of transportation and one from the office for the aging. Three of the members shall be appointed by the temporary president of the senate. Three of the members shall be appointed by the speaker of the assembly. One member shall be appointed by the minority leader of the senate. One member shall be appointed by the minority leader of the assembly. All appointments shall be made within thirty days of the effective date of this act, and within twenty days of appointing its members, they shall elect a chairperson from among them. Section 2 also establishes the parameters of the commission's study and research concerning senior driver safety, including effectiveness of current laws, regulatory and legislative recommendations to increase the safety of all drivers, passengers and pedestrians. It also outlines that the commission shall report its findings and recommendations to the governor and legislature no later than one hundred eighty days after the effec- tive date of this act. Section 3 defines senior driver as any individual aged seventy and older with a valid driver's license issued by the New York state department of motor vehicles. Section 4 establishes the effective date.   JUSTIFICATION: This legislation was introduced in response to the death of a 47 year old man from Somers who was struck and killed by an eighty eight year old driver as he was walking down the road on a clear day. Mr. Geller left behind a young son and grieving family. The driver was never charged in conjunction with his death. A commission designed to investi- gate ways New York State can keep pedestrians and drivers of all ages safe is crucial to avoid any further tragic accidents. Seniors represent the fastest-growing segment of drivers, with current projections suggesting that a quarter of all drivers will be over sixty-five by 2025. Due to diminished peripheral vision, slower reaction time, more limited range of motion, and poor night vision, many older drivers have a higher rate of fatal accidents than teenagers. Yet, according to the National Highway Traffic Safety Administration, New York State lags behind other states in adopting age-appropriate driving safeguards. The establishment of this commission begins to correct this gap in the legislation.   LEGISLATIVE HISTORY: 2015-16: A1905 (Mayer) referred to transportation 2014: A9329 (Mayer) referred to transportation   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect immediately
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A02109 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2109
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M.  of A. MAYER, BENEDETTO, CRESPO, GALEF, RIVERA, OTIS,
          GOTTFRIED, ARROYO, CYMBROWITZ, BARRETT -- Multi-Sponsored by -- M.  of
          A.  COOK,  GOODELL,  HIKIND,  LUPINACCI, PERRY, SIMON -- read once and
          referred to the Committee on Transportation
 
        AN ACT to establish the senior driver safety  commission  and  providing
          for  its  powers  and  duties;  and  providing  for the repeal of such
          provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall  be  known and may be cited as the "Bill
     2  Geller act", in memory of Bill Geller, a forty-seven year old  man  from
     3  Somers,  New  York who was struck and killed by an eighty-eight year old
     4  driver as he was walking down a road on a clear, sunny day.  Mr.  Geller
     5  left  a  grieving  family,  including  a young son. The driver was never
     6  charged in conjunction with his death.
     7    § 2. Legislative intent. 1. The legislature hereby finds and declares:
     8    (a) seniors represent the fastest-growing  segment  of  drivers,  with
     9  current  projections  suggesting  that  a quarter of all drivers will be
    10  over 65 by 2025;
    11    (b) drivers 85 years of age and older have  a  higher  rate  of  fatal
    12  accidents than teenagers;
    13    (c)  accidents  involving  senior  drivers are caused in large part by
    14  factors such as diminished peripheral vision, which can lead drivers  to
    15  enter roadways in the path of oncoming vehicles; slower reaction time; a
    16  more limited range of movement; and poor night vision; and
    17    (d)  based  upon  the National Highway Traffic Safety Administration's
    18  suggestions and comparative analysis of provisions  across  the  states,
    19  New  York  State  lags  behind  other states in adopting age-appropriate
    20  driving safeguards.
    21    2. The legislature therefore finds and declares that a  senior  driver
    22  safety commission shall be established pursuant to this act.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02486-01-7

        A. 2109                             2
 
     1    §  3. Senior driver safety commission. 1. The commission shall consist
     2  of twelve members. Four of the members shall be appointed by the  gover-
     3  nor,  of  which  one shall be from the department of motor vehicles, one
     4  shall be from the department of transportation and one shall be from the
     5  office  for  the aging.   Three of the members shall be appointed by the
     6  temporary president of the senate.    Three  of  the  members  shall  be
     7  appointed  by the speaker of the assembly. One member shall be appointed
     8  by the minority leader of the senate. One member shall be  appointed  by
     9  the  minority  leader  of  the  assembly. All appointments shall be made
    10  within thirty days of the effective date of this act.
    11    2. The commission shall, within twenty days following the  appointment
    12  of all its members, elect a chairperson from among such members.
    13    3.  The commission shall study, examine and review the issue of senior
    14  driver safety. In conducting its study, the commission shall:
    15    (a) evaluate the effectiveness of  current  laws  and  regulations  in
    16  regards to senior driver safety;
    17    (b)  make  regulatory  and  legislative  recommendations  necessary to
    18  increase the safety of all drivers, passengers and pedestrians;
    19    (c) survey and assess the leading causes of senior  driver  car  acci-
    20  dents;
    21    (d) identify and analyze preventative measures that may be implemented
    22  by the state to reduce the number of accidents involving senior drivers;
    23    (e) study and evaluate the availability and effectiveness of screening
    24  tests for identifying impaired drivers;
    25    (f)  survey  and assess the problems of driving under the influence of
    26  prescription drugs often used by senior drivers;
    27    (g) analyze and provide measures that may mitigate the  risks  associ-
    28  ated  with  the operation of motor vehicles by senior drivers, including
    29  the use of non-traditional driving devices that may mitigate risks; and
    30    (h) consider any other issues  or  matters  the  commission  may  deem
    31  appropriate to fulfill the scope of its charge.
    32    4. The commission shall report its findings, conclusions and recommen-
    33  dations to the governor and legislature no later than one hundred eighty
    34  days after the effective date of this act.
    35    §  4. As used in this act "senior driver" is defined as any individual
    36  aged 70 and older with a valid driver's license issued by the  New  York
    37  state department of motor vehicles.
    38    § 5. This act shall take effect immediately and shall remain in effect
    39  until  the  one  hundred eightieth day after it shall have become a law,
    40  when upon such date the provisions of this act shall be deemed repealed.
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