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A05604 Summary:

BILL NOA05604
 
SAME ASSAME AS S05397
 
SPONSORMagnarelli
 
COSPNSRFahy
 
MLTSPNSR
 
Amd §375, V & T L
 
Relates to the display of green lights on the vehicles of members of mobile crisis teams.
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A05604 Actions:

BILL NOA05604
 
03/16/2023referred to transportation
03/22/2023reported
03/23/2023advanced to third reading cal.97
03/30/2023passed assembly
03/30/2023delivered to senate
03/30/2023REFERRED TO TRANSPORTATION
05/30/2023SUBSTITUTED FOR S5397
05/30/20233RD READING CAL.730
05/30/2023PASSED SENATE
05/30/2023RETURNED TO ASSEMBLY
11/29/2023delivered to governor
12/08/2023signed chap.686
12/08/2023approval memo.38
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A05604 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5604
 
SPONSOR: Magnarelli
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the display of green lights on the vehicles of members of mobile crisis teams   PURPOSE: Relates to the display of green lights on the vehicles of mobile crisis response staff members.   SUMMARY OF PROVISIONS: This bill amends the vehicle and traffic law by allowing mobile crisis response staff members to use a green light on their motor vehicle when engaging in an emergency operation. Section 1 amends the vehicle and traffic law to provide mobile crisis response staff members with the ability to use an affixed green light on any motor vehicle owned by such a member. Additionally, in relation to this act, the terms "mobile crisis response services" and "mobile crisis response staff member" are defined. It defines "mobile crisis response services" as services to provide an immediate and short-term emergency response to individuals who are in a state of mental, emotional, phys- ical, and behavioral distress in order to prevent a critical incident. Additionally,defines the term "mobile crisis response staff.member" as an.individual who is an employee or a designated volunteer of a duly authorized mobile crisis response team or other established crisis response service. Section 2: States the effective date.   JUSTIFICATION: Green lights are an effective tool used by some emergency personnel to alert drivers that they must pull over to allow for emergency vehicles to go by. This procedure allows for timely responses to emergency calls. As the State seeks to implement crisis centers, trained mobile crisis response staff members will be responding to various mental, emotional, physical, and behavioral distress calls in order to prevent critical incidents. This bill seeks to allow mobile crisis response staff members the abili- ty to equip their personal vehicles with a green emergency light while responding to emergency calls. (Note: A previous version of this bill vetoed due to an incorrect interpretation of the law by the Office of Mental Health).   PRIOR LEGISLATIVE HISTORY: 2022: A.9511-B   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect in 180. days.
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A05604 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5604
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to the  display
          of green lights on the vehicles of members of mobile crisis teams
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 5 of subdivision 41 of section 375 of the vehicle
     2  and traffic law, as amended by chapter 504  of  the  laws  of  2022,  is
     3  amended to read as follows:
     4    5.  Green light. (a) One green light may be affixed to any motor vehi-
     5  cle owned by a member of a volunteer ambulance service or by a member of
     6  a mobile crisis team, or on a motor vehicle owned by a  member  of  such
     7  person's  family, or by a business enterprise in which such person has a
     8  proprietary interest or by which he is employed, provided such member of
     9  a volunteer ambulance service has been authorized in writing to so affix
    10  a green light by the chief officer of such service as designated by  the
    11  members  thereof,  or  provided  such member of a mobile crisis team has
    12  been authorized in writing to so affix a green light by  the  office  of
    13  mental  health  or  the office of addiction services and supports.  Such
    14  green light may be displayed exclusively by such member of  a  volunteer
    15  ambulance  service,  or  a member of a deployed mobile crisis team, only
    16  when engaged in an emergency operation. The use of green lights on vehi-
    17  cles shall be restricted for use only by a member of a  volunteer  ambu-
    18  lance  service  or  a  member of a mobile crisis team as provided for in
    19  this paragraph except as otherwise provided for  in  subparagraph  c  of
    20  this paragraph.
    21    (b)  As  used  in this paragraph [volunteer] the following terms shall
    22  have the following meanings:
    23    (i) "volunteer ambulance [service] service" means: [(i)]  (A)  a  non-
    24  profit  membership  corporation (other than a fire corporation) incorpo-
    25  rated under or subject to the provisions of the membership  corporations
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08005-01-3

        A. 5604                             2
 
     1  law,  or  any other law, operating its ambulance or ambulances on a non-
     2  profit basis for the convenience of the members thereof and their  fami-
     3  lies  or  of the community or under a contract with a county, city, town
     4  or  village  pursuant to section one hundred twenty-two-b of the general
     5  municipal law; or
     6    [(ii)] (B) an unincorporated  association  of  persons  operating  its
     7  ambulance or ambulances on a non-profit basis for the convenience of the
     8  members and their families or of the community[.];
     9    (ii) "mobile crisis team" shall have the same meaning as mobile crisis
    10  teams as defined by paragraph eleven of subdivision (a) of section 36.03
    11  of the mental hygiene law; and
    12    (iii)  "office  of  mental health and office of addiction services and
    13  supports" shall mean  the  autonomous  offices  established  within  the
    14  department  of  mental  hygiene  pursuant  to section 5.01 of the mental
    15  hygiene law.
    16    (c)(i) In addition to the  amber  light  authorized  to  be  displayed
    17  pursuant  to  paragraph  three  of  this  subdivision, one or more green
    18  lights or combination green and amber lights may be affixed to a  hazard
    19  vehicle  designed  for  ice  and  snow removal owned and operated by the
    20  state or by a county, city, town or village. Such green light or  lights
    21  may  be  displayed on a hazard vehicle designed for ice and snow removal
    22  owned and operated by the state or by a county, city,  town  or  village
    23  when  such  vehicle  is  engaged  in  a  hazardous operation and is also
    24  displaying the amber light or lights required to be displayed  during  a
    25  hazardous  operation  pursuant  to  paragraph three of this subdivision.
    26  Nothing contained in this subparagraph shall be deemed to authorize  the
    27  use of green lights on hazard vehicles designed for ice and snow removal
    28  owned  and  operated  by the state or by a county, city, town or village
    29  unless such hazard vehicles also display one or  more  amber  lights  as
    30  otherwise authorized in this subdivision.
    31    (ii)  The  commissioner  is  authorized  to promulgate rules and regu-
    32  lations relating to the use,  placement,  power  and  display  of  green
    33  lights  on  a hazard vehicle designed for ice and snow removal owned and
    34  operated by the state or by a county, city, town or village.
    35    § 2. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.
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