senate Bill S922

Exempts operators of law enforcement vessels from laws which regulate vessels on the navigable waters of the state while responding to emergencies

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 01 / Feb / 2011
    • 1ST REPORT CAL.48
  • 07 / Feb / 2011
    • 2ND REPORT CAL.
  • 08 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 19 / Jan / 2012
    • 1ST REPORT CAL.87
  • 23 / Jan / 2012
    • 2ND REPORT CAL.
  • 24 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 30 / Jan / 2012
    • PASSED SENATE
  • 30 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Exempts operators of law enforcement vessels from laws which regulate vessels on the navigable waters of the state while such operators are in the course of responding to emergencies.

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Bill Details

Versions:
S922
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Navigation Law
Laws Affected:
Add ยง39-b, Nav L
Versions Introduced in 2009-2010 Legislative Cycle:
S584

Sponsor Memo

BILL NUMBER:S922

TITLE OF BILL:
An act
to amend the navigation law, in relation to providing an exemption from
certain laws for operators
of law enforcement vessels responding
to emergencies on the navigable waters of the state

PURPOSE:
This bill exempts law enforcement from laws which regulate
vessels on the navigable waters of the state while in the course of
responding to emergencies.

SUMMARY OF PROVISIONS:
Adds a new section 39-b of the Navigation Law to
provide an exemption from certain laws for law enforcement vessels
responding to emergencies on the navigable waters of the state.

JUSTIFICATION:
The New York State Harbormaster & Bay Constable
Association have raised a concern that NYS Navigation Law does not
exempt bona fide law enforcement agencies from deviating from the
State Law when responding to emergencies or in pursuit of law
enforcement activities. Such exemptions currently exist in the NYS
Vehicle and Traffic Law with regards to police and emergency vehicles.

This omission may become an issue of liability on the part of State,
County and Local government. This legislation will remedy the
situation.

LEGISLATIVE HISTORY:
2002-2008: Passed Senate
2009-2010: Senate Tourism, Recreation & Sports Development

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   922

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Cultural  Affairs,
  Tourism, Parks and Recreation

AN  ACT  to  amend  the  navigation  law,  in  relation  to providing an
  exemption from certain laws for operators of law  enforcement  vessels
  responding to emergencies on the navigable waters of the state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The navigation law is amended by adding a new section  39-b
to read as follows:
  S  39-B. LAW ENFORCEMENT VESSELS. 1. THE OPERATOR OF A LAW ENFORCEMENT
VESSEL, WHEN INVOLVED IN AN EMERGENCY OPERATION ON THE NAVIGABLE  WATERS
OF  THE  STATE, MAY EXERCISE THE PRIVILEGES SET FORTH IN SUBDIVISION TWO
OF THIS SECTION, BUT SUBJECT TO THE CONDITIONS SET FORTH IN SUBDIVISIONS
THREE AND FOUR OF THIS SECTION.
  2. THE OPERATOR OF A LAW ENFORCEMENT VESSEL  MAY  DISREGARD  ANY  LAW,
RULE  OR  REGULATION  OF  THIS  STATE OR ANY LOCAL LAW OR ORDINANCE OF A
MUNICIPALITY OF THIS STATE GOVERNING THE MOVEMENT OR TURNING OF  VESSELS
UPON SUCH NAVIGABLE WATERS.
  3.  THE PRIVILEGES GRANTED TO THE OPERATOR OF A LAW ENFORCEMENT VESSEL
PURSUANT TO THIS SECTION SHALL  APPLY  ONLY  WHEN  AUDIBLE  SIGNALS  ARE
SOUNDED FROM ANY SUCH VESSEL WHILE IN MOTION BY BELL, HORN, SIREN, ELEC-
TRONIC  DEVICE  OR  EXHAUST  WHISTLE AS MAY BE REASONABLY NECESSARY, AND
WHEN THE VESSEL IS EQUIPPED WITH AT LEAST ONE LIGHTED LAMP SO THAT  FROM
ANY  DIRECTION,  UNDER  NORMAL ATMOSPHERIC CONDITIONS FROM A DISTANCE OF
FIVE HUNDRED FEET FROM SUCH VESSEL, AT LEAST  ONE  BLUE  LIGHT  WILL  BE
DISPLAYED AND VISIBLE.
  4.  THE PROVISIONS OF THIS SECTION SHALL NOT RELIEVE THE OPERATOR OF A
LAW ENFORCEMENT VESSEL FROM THE DUTY TO OPERATE  SUCH  VESSEL  WITH  DUE
REGARD  FOR THE SAFETY OF ALL PERSONS, NOR SHALL SUCH PROVISIONS PROTECT
THE OPERATOR FROM THE CONSEQUENCES OF HIS OR HER RECKLESS DISREGARD  FOR
THE SAFETY OF OTHERS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04398-01-1

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