Gov. Andrew Cuomo has vetoed legislation that would have prohibited children less than 10 years old being left unattended in a motor vehicle.

A.1851 was sponsored by Assemblyman William Magnarelli, D-Syracuse, and would have added a new section 1210-a to the state Vehicle and Traffic Law forbidding the leaving of a child under the age of 10 inside a motor vehicle under conditions that present a substantial health or safety risk. It provided for a $50 fine for a first offense, $100 for a second offense within 18 months, and $250 for a third or subsequent offense within 18 months. The legislation was passed unanimously in the state Assembly in March.

Magnarelli wrote in his legislative justification for the bill that 230 children have died of hyperthermia from being left in cars between 1998 and 2004. Studies indicate that in outside temperatures ranging from 72 and 96 degrees Fahrenheit, the temperature inside of a vehicle rises 19 degrees in the first ten minutes, 29 degrees after 20 minutes and 34 degrees after 30 minutes.

Magnarelli, who is chairman of the Assembly’s Transportation Committee, also said leaving children unattended in motor vehicles increases the risk of abduction and the risk for an unintended motor vehicle accident if the child attempts to operate the vehicle.

“Currently, the only penalty for this type of action is endangering the welfare of a child, a misdemeanor that will require the arrest of the parent,” Magnarelli wrote. “Some police are reluctant to arrest a parent in this situation. This bill will give police the option of issuing a citation to send a message against this action, short of requiring an arrest. The police will still have the option to charge the more serious offense if warranted.”

A veto message from the governor isn’t yet available, but at least one Assembly member wanted Magnarelli’s legislation to have harsher penalties. Assemblyman Anthony Palumbo, R-New Suffolk, asked Magnarelli on the Assembly floor if parents could receive points on their driver’s license if they were convicted under the legislation.

“We don’t want to water down the fact that police officers can or could still charge endangering the welfare of a child if they leave a child or an infant unattended in a hot vehicle or even a cold vehicle,” Palumbo said. “But I would just suggest that we also maybe consider that we have even further penalties with regard to action on licenses in the event on the aggravating aspects of this, that if someone has a second or a third violation within a year-and-a-half, it should be more than a $250 fine, that we might want to consider having a little bit more of a hammer.”

The veto calls into question the fate of legislation introduced this fall by state legislators in the wake of an incident in which a Bronx man left two children alone in a hot vehicle and the children died.

A.8540, sponsored by Assemblyman Ellen Jaffee, D-Suffern, requiring retailers that sell child restraint systems (car seats) to make available to consumers, child restraint alarms. It would also require those retailers to post a notice informing consumers of the importance of those alarms. Assemblywoman Amy Paulin, D-Scarsdale, introduced A.8582, which require that all retailers who sell car seats in New York state also sell car seat alarm devices and provide a warning posting.

Jaffee also introduced A.8537, which would require passenger motor vehicles is equipped with a functioning system that can detect the presence of an occupant in a rear designated seating position after the vehicle engine or motor is deactivated and provide a warning. Assemblyman Marcos Crespo, D-Bronx, introduced A.8509 to mandate vehicles in New York state have a functioning system that can detect the presence of an occupant in a rear seat.