S2526-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 25, 2011: REFERRED TO TRANSPORTATION

S2526-2011 Memo

BILL NUMBER:S2526

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to interference with a
funeral procession

SUMMARY OF SPECIFIC PROVISIONS:
The vehicle and
traffic law is amended by adding new section 1132 which states that a
driver of a motor vehicle shall be subject to a fine of no more than
fifty dollars for the infraction of entering the single file line of
traffic constituting a funeral procession marked by motor vehicles
displaying their headlights and hazard lights.

JUSTIFICATION:
Too often, the grieving parties in a
motor vehicle funeral procession have their anguish exacerbated by other
motorists that cut-off or otherwise interrupt the funeral procession.

The disruptions are not only hurtful, annoying and disrespectful, but
also pose serious safety hazards that threaten the wellbeing of those in
or near the procession.

This legislation would allow those who are grieving to have the peace of
mind and comfort they deserve in their time of need by guaranteeing the
integrity of the procession while ensuring the safety of those in the
vicinity.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act will take effect on the
first of September next succeeding the date on which it shall have
become law.

S2526-2011 Text

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

                                    2526

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 25, 2011
                                 ___________

  Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Transportation

  AN ACT to amend the vehicle and traffic law, in relation to interference
    with a funeral procession

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


    Section  1.  The  vehicle  and  traffic law is amended by adding a new
  section 1132 to read as follows:

    S 1132. INTERFERENCE WITH A FUNERAL PROCESSION. (A) THE  DRIVER  OF  A
  MOTOR VEHICLE SHALL NOT ENTER, DRIVE BETWEEN, OBSTRUCT, HINDER OR IN ANY
  WAY  INTERFERE WITH THE VEHICLES CONSTITUTING A FUNERAL PROCESSION WHILE
  SUCH VEHICLES ARE IN MOTION UNLESS SUCH MOTOR VEHICLE IS  PART  OF  SUCH
  PROCESSION,  EXCEPT WHEN AUTHORIZED TO DO SO BY A POLICE OFFICER OR WHEN
  SUCH MOTOR VEHICLE IS AN AUTHORIZED EMERGENCY VEHICLE EXHIBITING A VISI-
  BLE SIGNAL AND SOUNDING AN AUDIBLE SIGNAL.
    (B) ANY PERSON OPERATING A MOTOR VEHICLE IN VIOLATION  OF  SUBDIVISION
  (A)  OF THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION AND SUBJECT
  TO A FINE OF NOT MORE THAN FIFTY DOLLARS.  THE  COMMISSIONER  SHALL  NOT
  ASSESS ANY POINTS AGAINST THE LICENSE OF A PERSON FOUND TO HAVE VIOLATED
  THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION.
    (C) NO PROVISION OF THIS SECTION SHALL BE DEEMED TO IMPOSE ANY LIABIL-
  ITY  FOR  PERSONAL  INJURY OR DAMAGES RESULTING FROM A VIOLATION OF THIS
  SECTION UPON A FUNERAL FIRM OR ANY PERSON LICENSED OR REGISTERED  PURSU-
  ANT  TO ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR
  AGENT THEREOF, WHEN SUCH FIRM, PERSON, EMPLOYEE OR AGENT IS ACTING WITH-
  IN THE SCOPE OF HIS, HER OR ITS DUTIES.  NOR SHALL ANY PROVISION OF THIS
  SECTION BE DEEMED TO LIMIT THE LIABILITY OF  ANY  FUNERAL  FIRM  OR  ANY
  PERSON  LICENSED  OR  REGISTERED  PURSUANT TO ARTICLE THIRTY-FOUR OF THE
  PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR AGENT  THEREOF,  PURSUANT  TO  ANY
  OTHER PROVISION OF LAW OR AT EQUITY.
    S  2.  This  act  shall  take  effect  on  the first of September next
  succeeding the date on which it shall have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05784-01-1