Bill Text: NY S00387 | 2015-2016 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-05-23 - referred to transportation [S00387 Detail]

Download: New_York-2015-S00387-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         387--A
            Cal. No. 611
                               2015-2016 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 7, 2015
                                       ___________
        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  --  recommitted  to the Committee on
          Cultural Affairs, Tourism, Parks and  Recreation  in  accordance  with
          Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        AN ACT to  amend  the  navigation  law,  in  relation  to  providing  an
          exemption  from certain laws for operators of law enforcement and fire
          department 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:
     1    Section 1. The navigation law is amended by adding a new section  39-b
     2  to read as follows:
     3    §  39-b.  Law enforcement and fire department vessels. 1. The operator
     4  of a law enforcement or fire department  vessel,  when  involved  in  an
     5  emergency  operation  on the navigable waters of the state, may exercise
     6  the privileges set forth in subdivision two of this section, but subject
     7  to the conditions set forth in  subdivisions  three  and  four  of  this
     8  section.
     9    2.  The  operator  of  a law enforcement or fire department vessel may
    10  disregard any law, rule or regulation of this state or any local law  or
    11  ordinance  of  a  municipality  of  this state governing the movement or
    12  turning of vessels upon such navigable waters.
    13    3. The privileges granted to the operator of a law enforcement or fire
    14  department vessel pursuant to this section shall apply only when audible
    15  signals are sounded from any such vessel while in motion by bell,  horn,
    16  siren,  electronic device or exhaust whistle as may be reasonably neces-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02390-02-6
        S. 387--A                           2
     1  sary, and when the vessel is equipped with at least one lighted lamp  so
     2  that  from  any  direction,  under  normal atmospheric conditions from a
     3  distance of five hundred feet from such vessel, at least one blue or red
     4  light will be displayed and visible.
     5    4.  The provisions of this section shall not relieve the operator of a
     6  law enforcement or fire department vessel from the duty to operate  such
     7  vessel  with  due  regard  for the safety of all persons, nor shall such
     8  provisions protect the operator from the  consequences  of  his  or  her
     9  reckless disregard for the safety of others.
    10    § 2. This act shall take effect immediately.