NY State Senate Bill 2015-S4187A

Archive: Last Bill Status Via A7315 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.448
Nov 10, 2015	delivered to governor
Jun 24, 2015	returned to assembly passed senate substituted for s4187a
Jun 24, 2015	substituted by a7315
Jun 11, 2015	amended on third reading 4187a
Mar 26, 2015	advanced to third reading
Mar 25, 2015	2nd report cal.
Mar 24, 2015	1st report cal.300
Mar 05, 2015	referred to transportation

Votes

- Jun 24, 2015 - Floor Vote
  A7315
  
  59
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 24, 2015
      
      aye (59)
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Ranzenhofer
      
      absent (1)
      
      Sampson
      
      excused (2)
      
      Addabbo Jr.
      
      Libous
  Mar 24, 2015 - Transportation Committee Vote
  S4187A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Mar 24, 2015
      
      aye (19)
      
      Avella
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S4187 - Details

See Assembly Version of this Bill:: A7315
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4765, A7244
2013-2014: S3733, A5400

2015-S4187 - Summary

Requires the use of seatbelts by volunteer firefighters and volunteer ambulance service workers; provides exception for vehicles which do not have restraint systems provided by the manufacturer or to volunteer firefighters not seated within the confines of the vehicle or emergency medical personnel providing patient care in the rear compartment of an ambulance.

2015-S4187 - Sponsor Memo

                                BILL NUMBER:S4187

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the use of seatbelts by volunteer firefighters

PURPOSE OR GENERAL IDEA OF THE BILL:

This legislation relates to the use of seatbelts in emergency vehicles
owned or operated by a volunteer fire company or volunteer ambulance
service.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new subdivision 14 to § 1229-c of the
Vehicle & Traffic Law to prohibit the operation of an emergency
vehicle owned or operated by a volunteer fire company or volunteer
ambulance service as defined by section 100 of the General Municipal
Law unless all passengers seated in the vehicle are utilizing safety
belts or restraint systems as provided by the vehicle manufacturer.
This subdivision shall not apply: to vehicles which do not have
restraint systems provided by the manufacturer, for volunteer
firefighters not seated within the confines of the vehicle or to
emergency medical personnel administering medical treatment in
accordance with applicable patient care standards or guidelines
established pursuant to Article 30 of the Public Health Law to a
patient in the rear compartment of an ambulance.  It prohibits a claim

for benefits filed pursuant to the volunteer fire- fighters' benefit
law or the volunteer ambulance workers' benefit from being denied
solely on the basis of failure to comply with the provisions of this
subdivision.

Section 2 of the bill is the effective date.

JUSTIFICATION:

In 1984, NYS adopted § 1229-c of the NYS Vehicle & Traffic Law. This
law sets forth the rules for operation of vehicles that have safety or
seat belts. In general, this law requires operators and passengers of
"motor vehicles" to be restrained by safety belts. However, certain
vehicles are exempt from the law's requirements. Under § 1229-c,
"authorized emergency vehicles" are exempt from the definition of the
term "motor vehicle". These vehicles were excluded from the
requirements of § 1229-c since the operators of these vehicles need to
perform their duties in an unhampered fashion. The term "authorized
emergency vehicle" is defined under § 101 of the Vehicle & Traffic Law
and is defined to include fire and ambulance vehicles. As a result,
fire and ambulance vehicles are exempt from the requirement to use
safety or seatbelts.

The single largest cause of Volunteer Firefighter and EMS responder
death is vehicle accidents to and from an incident scene. The largest
contributor to those deaths is failure to wear seat belts, Volunteers
would like the current exemption removed from the law making New York
law consistent with the training and operational procedures currently
in place to promote seat belt use.


Use of seat belts promotes safety and saves lives. Since buckling a
seat belt takes just a few seconds, fire and ambulance vehicles should
be required to use them. This bill is strongly supported by the
Fireman's Association of the State of New York.

LEGISLATIVE HISTORY:

2013-14: S.3733 Rules 2013, Transportation 2014
2011-12: S.4765A Passed Senate 2011; remained in Cmte 2012
2009-10: A.6765/S.3671
2008-07: S.7478

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4187 - Bill Text download pdf

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

                                  4187

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- 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 the  use  of
  seatbelts by volunteer firefighters

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

  Section 1. Section 1229-c of the vehicle and traffic law is amended by
adding a new subdivision 14 to read as follows:
  14.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
SECTION,  NO PERSON SHALL OPERATE AN EMERGENCY VEHICLE OWNED OR OPERATED
BY A VOLUNTEER FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS DEFINED BY
SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW UNLESS  ALL  PASSENGERS
SEATED IN THE VEHICLE ARE UTILIZING SAFETY BELTS OR RESTRAINT SYSTEMS AS
PROVIDED  BY  THE VEHICLE MANUFACTURER. THIS SUBDIVISION SHALL NOT APPLY
TO VEHICLES WHICH DO NOT HAVE RESTRAINT SYSTEMS PROVIDED BY THE MANUFAC-
TURER OR TO VOLUNTEER FIREFIGHTERS NOT SEATED WITHIN THE CONFINES OF THE
VEHICLE OR EMERGENCY MEDICAL PERSONNEL PROVIDING  PATIENT  CARE  IN  THE
REAR  COMPARTMENT  OF  AN  AMBULANCE  PROVIDED  THAT  SUCH PERSONNEL ARE
PROVIDING CARE IN ACCORDANCE WITH APPLICABLE PATIENT CARE  STANDARDS  OR
GUIDELINES  ESTABLISHED  PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH
LAW. A CLAIM FOR BENEFITS FILED PURSUANT TO THE VOLUNTEER  FIREFIGHTERS'
BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW SHALL NOT BE
DENIED  SOLELY  ON THE BASIS OF FAILURE TO COMPLY WITH THE PROVISIONS OF
THIS SUBDIVISION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09766-01-5

co-Sponsors

2015-S4187A (ACTIVE) - Details

See Assembly Version of this Bill:: A7315
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4765, A7244
2013-2014: S3733, A5400

2015-S4187A (ACTIVE) - Summary

2015-S4187A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4187A

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the use of
seatbelts by volunteer firefighters

PURPOSE OR GENERAL IDEA OF THE BILL:

This legislation relates to the use of seatbelts in emergency vehicles
owned or operated by a volunteer fire company or volunteer ambulance
service.

SUMMARY OF PROVISIONS:

Paragraph (a) of subdivision 4 of Section 1229-c of the Vehicle and
Traffic Law is amended to include in the definition of motor vehicle
for the purposes of this Section fire vehicles owned and/or operated
by a fire company as defined by subdivision 2 of section 100 of the
General Municipal Law and ambulances owned and/or operated by a
voluntary ambulance service as defined by subdivision 3 of Section 100
of the General Municipal Law.

Section 1229-c of the Vehicle and Traffic Law is amended by adding a
new Section 10-a to provide that no person 16 years of age or over to
be a passenger in the rear seat of a fire vehicle owned and/or

operated by a fire company as defined by subdivision 2 of section 100
of the General Municipal Law or in the rear seat of an ambulance owned
and/or operated by a voluntary ambulance service as defined by
subdivision 3 of Section 100 of the General Municipal Law unless such
person is restrained by a safety belt approved by the Commissioner of
the Department of Motor Vehicles. Provided, however, that the
provisions of this subdivision shall not apply to passengers in the
rear seat of such fire or ambulance vehicle if such seat is not
required to be equipped with safety belts pursuant to the provisions
of Section 383 of this chapter, nor to emergency medical personnel
during the course of providing patient care in the rear compartment of
an ambulance in accordance with applicable patient care standards,
guidelines and protocols established pursuant to Article 30 of the
Public Health Law.

Subdivision 5 of Section 1229-c of the Vehicle and Traffic Law is
amended to include Section 10-a in order to provide that the penalty
for violating the provisions of the section shall be a civil fine of
up to fifty dollars.

JUSTIFICATION:

In 1984, NYS adopted § 1229-c of the NYS Vehicle & Traffic Law. This
law sets forth the rules for operation of vehicles that have safety or
seat belts. In general, this law requires operators and passengers of
"motor vehicles" to be restrained by safety belts. However, certain
vehicles are exempt from the law's requirements. Under § 1229-c,
"authorized emergency vehicles" are exempt from the definition of the
term "motor vehicle". These vehicles were excluded from the
requirements of § 1229-c since the operators of these vehicles need to
perform their duties in an unhampered fashion. The term "authorized


emergency vehicle" is defined under § 101 of the Vehicle & Traffic Law
and is defined to include fire and ambulance vehicles.  As a result,
fire and ambulance vehicles are exempt from the requirement to use
safety or seatbelts.

The single largest cause of Volunteer Firefighter and EMS responder
death is vehicle accidents to and from an incident scene. The largest
contributor to those deaths is failure to wear seat belts. Volunteers
would like the current exemption removed from the law making New York
law consistent with the training and operational procedures currently
in place to promote seat belt use.

Use of seat belts promotes safety and saves lives. Since buckling a
seat belt takes just a few seconds, fire and ambulance vehicles should
be required to use them. This bill is strongly supported by the
Fireman's Association of the State of New York.

LEGISLATIVE HISTORY:

2014: Similar legislation (S. 3733) was reported to Rules

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the 1st of November.

2015-S4187A (ACTIVE) - Bill Text download pdf

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

                                 4187--A
    Cal. No. 300

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by Sens. FLANAGAN, LATIMER, MARCHIONE, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Transportation -- 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 vehicle and traffic law, in relation to the  use  of
  seatbelts by volunteer firefighters

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

  Section 1. Paragraph (a) of subdivision 4 of  section  1229-c  of  the
vehicle  and  traffic law, as separately amended by chapters 232 and 509
of the laws of 2004, is amended to read as follows:
  (a) "motor  vehicle"  shall  include  all  motor  vehicles  which  are
required  by section three hundred eighty-three of this chapter or regu-
lation or would be required if such motor vehicle were registered in New
York state to be equipped by a safety belt but shall not  include  those
vehicles  which  are  used  as  school buses, as such term is defined in
section one hundred forty-two of this chapter and those  vehicles  which
are  authorized  emergency  vehicles, as such term is defined in section
one hundred one of this chapter, PROVIDED, HOWEVER, THAT FOR PURPOSES OF
THIS SECTION, "MOTOR VEHICLE" SHALL ALSO  INCLUDE  FIRE  VEHICLES  OWNED
AND/OR  OPERATED  BY  A  FIRE  COMPANY  AS DEFINED BY SUBDIVISION TWO OF
SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW  AND  AMBULANCES  OWNED
AND/OR  OPERATED BY A VOLUNTARY AMBULANCE SERVICE AS DEFINED BY SUBDIVI-
SION THREE OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW;
  S 2. Subdivision 3-a of section 1229-c of the vehicle and traffic law,
as amended by chapter 403 of the laws of 2009, is renumbered subdivision
3-b.
  S 3. Section 1229-c of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 10-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09766-02-5

S. 4187--A                          2

  10-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF THIS
SECTION, NO PERSON SIXTEEN YEARS OF AGE OR OVER SHALL BE A PASSENGER  IN
THE  REAR SEAT OF A FIRE VEHICLE OWNED AND/OR OPERATED BY A FIRE COMPANY
AS DEFINED BY SUBDIVISION TWO OF SECTION  ONE  HUNDRED  OF  THE  GENERAL
MUNICIPAL  LAW OR IN THE REAR SEAT OF AN AMBULANCE OWNED AND/OR OPERATED
BY A VOLUNTARY AMBULANCE SERVICE AS  DEFINED  BY  SUBDIVISION  THREE  OF
SECTION  ONE  HUNDRED OF THE GENERAL MUNICIPAL LAW UNLESS SUCH PERSON IS
RESTRAINED BY A SAFETY BELT  APPROVED  BY  THE  COMMISSIONER.  PROVIDED,
HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY: (A) TO
A  PASSENGER  IN THE REAR SEAT OF SUCH FIRE VEHICLE OR AMBULANCE IF SUCH
SEAT IS NOT REQUIRED TO BE EQUIPPED WITH SAFETY BELTS  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  THREE HUNDRED EIGHTY-THREE OF THIS CHAPTER, NOR
(B) TO EMERGENCY  MEDICAL  PERSONNEL  DURING  THE  COURSE  OF  PROVIDING
PATIENT  CARE IN THE REAR COMPARTMENT OF AN AMBULANCE IN ACCORDANCE WITH
APPLICABLE PATIENT CARE STANDARDS, GUIDELINES AND PROTOCOLS  ESTABLISHED
PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW.
  S  4.  Subdivision 5 of section 1229-c of the vehicle and traffic law,
as amended by chapter 241 of the laws of 2007, is  amended  to  read  as
follows:
  5.  Any  person  who  violates  the provisions of subdivision three OR
TEN-A of this section shall be punished by a civil fine of up  to  fifty
dollars. Any person who violates the provisions of subdivision one, two,
eleven  or thirteen of this section shall be punished by a civil fine of
not less than twenty-five nor more than  one  hundred  dollars.  In  any
prosecution  or  proceeding  alleging  a  violation  of paragraph (b) of
subdivision one or paragraph (c) of subdivision two of this section,  it
shall  be  an  affirmative  defense  that  the  passenger subject to the
requirements of such paragraphs was restrained  by  a  safety  belt  and
measures  more  than  four feet nine inches in height and/or weighs more
than one hundred pounds.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S4187A

Sponsored By

Archive: Last Bill Status Via A7315 - Signed by Governor

Jun 24, 2015 - Floor Vote

Floor Vote: Jun 24, 2015

Mar 24, 2015 - Transportation Committee Vote

Transportation Committee Vote: Mar 24, 2015

Bill Amendments

co-Sponsors

2015-S4187 - Details

2015-S4187 - Summary

2015-S4187 - Sponsor Memo

2015-S4187 - Bill Text download pdf

co-Sponsors

2015-S4187A (ACTIVE) - Details

2015-S4187A (ACTIVE) - Summary

2015-S4187A (ACTIVE) - Sponsor Memo

2015-S4187A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4187A

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status Via A7315 - Signed by Governor

Bill Amendments

co-Sponsors

George Latimer

Kathleen A. Marchione

David J. Valesky

2015-S4187 - Details

2015-S4187 - Summary

2015-S4187 - Sponsor Memo

2015-S4187 - Bill Text download pdf

co-Sponsors

George Latimer

Kathleen A. Marchione

David J. Valesky

2015-S4187A (ACTIVE) - Details

2015-S4187A (ACTIVE) - Summary

2015-S4187A (ACTIVE) - Sponsor Memo

2015-S4187A (ACTIVE) - Bill Text download pdf

Comments