senate Bill S2922

Amended

Relates to party and charter boat licenses

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Bill Status


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

  • 25 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 30 / Apr / 2013
    • 1ST REPORT CAL.461
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 13 / May / 2014
    • 1ST REPORT CAL.620
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 29 / May / 2014
    • AMENDED ON THIRD READING 2922A
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO CODES

Summary

Relates to party and charter boat licenses.

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Bill Details

See Assembly Version of this Bill:
A3355
Versions:
S2922
S2922A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0336, En Con L

Votes

11
0
11
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S2922

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to party and charter boat licenses

PURPOSE: To require the submission of proof by the owner of a qualified
vessel that the owner and crew of such vessel are currently enrolled in
a random drug testing program in order to obtain a license for a party
or charter boat.

SUMMARY OF PROVISIONS: Amends Section 13-0336 of the Environmental
Conservation Law by adding a new subdivision 3 to require the owner of a
qualified vessel to submit proof that the operator and crew of such
vessel are currently enrolled in a random drug testing program that
complies with the Federal Government's 46 CFR "Drug Testing Program"
regulations when applying for a party and charter boat license from the
New York State Department of Environmental Conservation.

JUSTIFICATION: Title 46 Code of Federal Regulations (46 CFR), requires
marine employers to administer a drug and alcohol testing program for
their employees. These regulations were developed by the United States
Coast Guard and set the minimum requirements for testing in the marine
industry. Any crewmember who performs a safety related function onboard
a vessel, including but not limited to line handling, steering the
vessel, distributing life vests, or ensuring the safety of the passen-
gers, is required to be included in the program. This drug and alcohol
testing program requires preemployment, periodic, random, serious marine
incident, post accident, and reasonable cause testing programs. The
random drug testing program (46 CFR 16.230) notes that a person may not
serve on a vessel in the position as master, operator, or person in
charge, unless all crewmembers covered under the provisions of Section
16.230 CFR are subject to the established random testing requirements.

The safety of party and charter boat passengers and crew is of utmost
importance. This legislation would require the owner of a qualified
vessel to submit proof that the operator and crew of such vessel are
currently enrolled in a random drug testing program that complies with
the Federal Government's 46 CFR "Drug Testing Program" regulations when
applying for a party and charter boat license from the New York State
Department of Environmental Conservation. Because vessel owners should
already be enrolled in a 46 CFR 16.230 random drug testing program, this
requirement will not place any additional burden on vessel owners.
Enactment of this measure will enhance enforcement of this federal law
while ensuring the safety and well being of party and charter boat
passengers and crewmembers.

LEGISLATIVE HISTORY: New Legislation, 2013.

FISCAL IMPLICATIONS:None to the State.

EFFECTIVE DATE: This act shall take effect immediately.

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

    S. 2922                                                  A. 3355

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 25, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to party
  and charter boat licenses

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

  Section  1.  Section  13-0336 of the environmental conservation law is
amended by adding a new subdivision 3 to read as follows:
  3. IN ORDER TO OBTAIN A PARTY AND CHARTER BOAT LICENSE, THE OWNER OF A
QUALIFIED VESSEL MUST SUBMIT  PROOF  THAT  THE  OPERATOR  AND  CREW  ARE
CURRENTLY  ENROLLED  IN A RANDOM DRUG TESTING PROGRAM THAT COMPLIES WITH
THE FEDERAL GOVERNMENT'S 46CFR "DRUG TESTING PROGRAM" REGULATIONS.
  S 2. This act shall take effect immediately; provided,  however,  that
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before  such  effective
date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05806-01-3

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