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Senate Bill S584

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

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2009-S584 (ACTIVE) - Details

Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Navigation Law
Laws Affected:
Add ยง39-b, Nav L
Versions Introduced in Other Legislative Sessions:
2011-2012: S922
2013-2014: S1504
2015-2016: S387
2017-2018: S1185
2019-2020: S3012
2021-2022: S988
2023-2024: S4026
2025-2026: S5400

2009-S584 (ACTIVE) - 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.

2009-S584 (ACTIVE) - Sponsor Memo

2009-S584 (ACTIVE) - Bill Text download pdf 

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

                                   584

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

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

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

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