senate Bill S7860

Relates to equipping vehicles with radio devices

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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

  • 16 / Jun / 2014
    • REFERRED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1630
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

Relates to equipping vehicles with radio devices.

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Bill Details

See Assembly Version of this Bill:
A9912
Versions:
S7860
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §397, V & T L
Versions Introduced in 2013-2014 Legislative Cycle:
A9912

Sponsor Memo

BILL NUMBER:S7860

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to equipping vehicles with radio devices

Purpose: The purpose of this bill is to improve and enhance the
State's prevention, preparedness and disaster response operations by
exempting authorized personnel of the Division of Homeland Security
and Emergency Services (DHSES) from application of Vehicle and-Traffic
Law (VTL) § 397 which prohibits any person who is not a police or
peace officer, or who does not possess a special permit or amateur
radio license, from equipping a motor-vehicle with radio receiving
sets capable of receiving signals on frequencies allocated for police
use. DHSES's prevention, preparedness and response missions require
that it be capable of maintaining effective and uninterrupted
communications with its partner State and local agencies.

Summary of Provisions:

Section 1 of the bill would amend VTL § 397 to exempt authorized DHSES
employees acting within the scope of their duties from enforcement of
such section, thereby allowing DHSES employees to carry
police-frequency radio equipment in vehicles without penalty.

Section 2 would provide that the bill takes effect immediately.

Existing Law: Any person, who is not a police officer or peace
officer acting pursuant to his special duties, or who does not possess
a special permit or amateur license from the Federal Communications
Commission (FCC), who equips a motor vehicle with a radio set capable
of receiving signals on the frequencies allocated for police use is
guilty of a misdemeanor under VTL § 397.

There is no such prohibition on carrying radio equipment or listening
to radio frequencies allocated for police use when not inside of a
motor vehicle, except if making an unauthorized radio transmission
(Penal Law section§ 190.72), or possessing the radio device with the
intent to commit robbery, burglary, larceny, gambling or any violation
of Article 220 of the Penal Law {Penal Law § 140.40).

Legislative History: This is a new bill.

Statement in Support: The prohibitions in VTL § 397 were originally
intended to protect against the misuse of restricted radio frequencies
in vehicles by criminals and did not anticipate the future reliance on
such frequencies by the State's disaster response officials. In the
course of discharging its statutory duties, DHSES routinely requires
access to such frequencies in order to communicate effectively with
its partner agencies in localities throughout the State. Effective
inter-agency communication is necessary to ensure that vital
information regarding disasters and other emergencies is timely
received by DHSES so that it may properly direct the State's response
and co-ordinate its efforts with those of the affected localities.
This bill would modernize VTL § 397 to reflect the nature of DHSES's
statutory duties and corresponding communications needs by exempting
authorized agency personnel from its application.


Budget Implications: None.

Local impact: None.

Effective Date: This bill would take effect immediately.

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

                                  7860

                            I N  S E N A T E

                              June 16, 2014
                               ___________

Introduced  by  Sen.  SAVINO  -- (at request of the Division of Homeland
  Security and Emergency Services) -- read twice  and  ordered  printed,
  and when printed to be committed to the Committee on Rules

AN  ACT  to  amend the vehicle and traffic law, in relation to equipping
  vehicles with radio devices

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

  Section  1.  Section 397 of the vehicle and traffic law, as amended by
chapter 843 of the laws of 1980, is amended to read as follows:
  S 397. Equipping motor vehicles with radio receiving sets  capable  of
receiving  signals  on  the  frequencies  allocated  for police use.   A
person, not a police officer or peace officer, acting  pursuant  to  his
special  duties,  who  equips a motor vehicle with a radio receiving set
capable of receiving signals on the frequencies allocated for police use
or knowingly uses a motor vehicle so equipped or who in any way knowing-
ly interferes with the transmission of  radio  messages  by  the  police
without  having  first secured a permit so to do from the person author-
ized to issue such a permit by the local governing body or board of  the
city, town or village in which such person resides, or where such person
resides  outside of a city or village in a county having a county police
department by the board of supervisors of such county, is  guilty  of  a
misdemeanor, punishable by a fine not exceeding one thousand dollars, or
imprisonment  not exceeding six months, or both. Nothing in this section
contained shall be construed to apply to any person who  holds  a  valid
amateur  radio  operator's  license issued by the federal communications
commission and who operates a duly licensed portable mobile  transmitter
and  in  connection therewith a receiver or receiving set on frequencies
exclusively allocated by the federal communications commission  to  duly
licensed  radio  amateurs, OR PROHIBIT ANY AUTHORIZED PERSON EMPLOYED BY
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES FROM  EQUIPPING
A  VEHICLE  WITH AN AUTHORIZED, STATE-ISSUED AFFIXED, MOBILE OR PORTABLE
RADIO APPARATUS CAPABLE OF TRANSMITTING  OR  RECEIVING  SIGNALS  ON  THE
FREQUENCIES  ALLOCATED  FOR  POLICE  USE  OR  USING  A  MOTOR VEHICLE SO
EQUIPPED.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13824-01-4

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