S1504-2013 Actions

• Jan 9, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S1504-2013 Meetings

S1504-2013 Memo

BILL NUMBER:S1504

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;
2009-10: Senate
Tourism, Recreation & Sports Development; 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

S1504-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1504
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 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.
 LBD03251-01-3

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