senate Bill S6720

Repeals section 71-c of the navigation law, relating to capacity plates

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Mar / 2012
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1019
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 19 / Jun / 2012
    • SUBSTITUTED BY A10545

Summary

Relates to the repeal of section 71-c of the navigation law, relating to capacity plates.

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Bill Details

See Assembly Version of this Bill:
A10545
Versions:
S6720
Legislative Cycle:
2011-2012
Law Section:
Navigation Law
Laws Affected:
Rpld §71-c, Nav L

Sponsor Memo

BILL NUMBER:S6720

TITLE OF BILL:

An act
to repeal section 71-c of the navigation law relating to capacity plates

PURPOSE OF THE BILL:

The bill would repeal Navigation Law § 71-c, which establishes state
capacity plate requirements that are now preempted by federal law.

SUMMARY OF PROVISIONS:

Section 1 of the bill would repeal Navigation Law § 71-c.

Section 2 of the bill would make the bill effective immediately.

EXISTING LAW:

Navigation Law § 71-c requires, among other things, manufacturers of
any vessel that is less than 26 feet in length (including vessels
manned by oar, but not sail) and manufactured after January 1, 1969,
to attach a permanent capacity plate stating: (i) the total weight
that the vessel can carry; (ii) the maximum number of persons it is
recommended to carry; and (iii) in the case of vessels capable of
mounting an outboard motor, the maximum engine horse power the vessel
is designed to accommodate.

LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

Navigation Law § 71-c was enacted in 1968. Shortly thereafter, the
Federal Motorboat Safety Act (46 use section 4306) took effect
requiring that all vessels less than twenty feet in length, except
sailboats, canoes, kayaks and inflatable boats, and manufactured
after November 1, 1972 have a capacity plate as required by federal
regulation which were subsequently adopted and codified in Title 33
CFR Part 183. The law also mandated that no state, or political
subdivision of a state, may establish, continue, or enforce a law
establishing another safety standard that is not identical to a
regulation prescribed by the Motorboat Safety Act. See 46 use
§ 4302. Navigational Law § 71-c is not identical to federal
regulation and law and is, thus, preempted.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill would be effective immediately upon enactment into law.

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

                                  6720

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by Sen. LITTLE -- (at request of the Office of Parks, Recre-
  ation and Historic Preservation) -- read twice  and  ordered  printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation

AN ACT to repeal section 71-c of the navigation law relating to capacity
  plates

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

  Section 1. Section 71-c of the navigation law is REPEALED.
  S 2. This act shall take effect immediately.









 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14244-01-2

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