Assemblyman Tom Alfano announced his support for a compromise agreement between Assembly Speaker Sheldon Silver, Senate Majority Leader Joe Bruno and Governor George Pataki on legislation designed to reduce traffic accidents and save lives by enacting a statewide ban on the use of hand-held cell phones while driving on all public highways except in cases of emergency.

That same evening, after five hours of debate, Alfano voted yes on the bill making New York State the first in the nation to ban hand-held phones while driving. The vote was 125-19. Alfano, a member of the Assembly Leadership, supported the measure in the powerful Assembly Codes where he is the senior member of the Long Island delegation.

"This is a great step in the right direction in making our roadways safe for drivers," said Alfano, noting "this ban will keep the driver's attention on the road instead of fumbling with a phone."

The bill was signed into law recently by Governor Pataki. Supporters feel the new law will build on New York's strong highway safety record of banning the use of hand-held phones by drivers on all public highways in the state. The new law would allow drivers to use hand-held cell phones only in an emergency, to call for help or report a dangerous situation to authorities. Drivers would be permitted to use phones in the car with headsets or speaker phones - i.e., hands-free unit.

Currently, there are 35 other states considering such restrictions, but no state has yet adopted any comprehensive legislation. Under the new law, which would become effective Dec. 1, violations would be considered a traffic infraction, punishable by a fine of $100 per violation.

"By requiring drivers to put down their cell phones and pay attention to the road, this new law will make our roads safer and save lives," said Governor Pataki. "Too many families have suffered the tragedy of seeing a loved one injured in an accident caused by someone who was driving with a cell phone."

Nassau County has already passed local laws banning hand-held phone use. The Nassau law went into effect on July 1. However, once the state law goes into effect, it will supercede the county's law. However, if there are items in a specific county's law that aren't contained within the state law, those items are still expected to be enforced.

Alfano noted that the bill enacted was in circulation in the assembly since 1996. "It's clear that this bill's time had come. With so many traffic accidents on well traveled roads we really have to refocus the driver on paying attention to the road. Just look at Hempstead Turnpike, Franklin Avenue, Jericho Turnpike or any side street in the community. If you watch drivers, the vast majority are on the phone. What we're saying in this new law is simple. Talk on a speaker or hands-free unit and keep your hands on the wheel and engaged in what you're doing."

In order to increase public awareness of the new cell phone restrictions, the new law includes a warning period and waiver provisions as follows:

* Between Nov. 1 and Nov. 30 law enforcement personnel may stop motor vehicles and issue verbal warnings to motorists driving while using a hand-held cell phone.

* Between Dec. 1 and Dec. 31 the courts may waive fines if the motorist is able to supply the court proof that he or she has purchased a hands-free telephone or a device that enables a hand-held phone to be operated hands-free. This is only for the first offense.

In May, Governor Pataki signed an executive order barring all New York State employees from using state-issued hand-held cell phones while driving and prohibiting the use of any hand-held cell phone by a state employee driving a state vehicle.