Senate Bill S1308

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

                                  1308

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the navigation law and the vehicle and traffic  law,  in
  relation to the suspension of privileges to operate a vessel and driv-
  er's licenses for certain alcohol related offenses

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

  Section 1. Subdivision 3 and paragraph (a) of subdivision 4 of section
49-a of the navigation law, as added by chapter 805 of the laws of 1992,
subparagraph 1 of paragraph (a) of subdivision 3 as amended  by  chapter
599 of the laws of 2008 and paragraph (a) of subdivision 4 as amended by
chapter 391 of the laws of 1998, are amended to read as follows:
  3.  Privilege  to  operate a vessel AND DRIVER'S LICENSE; suspensions.
(a) The court shall suspend a person's privilege to operate a vessel AND
DRIVER'S LICENSE and may suspend a vessel registration OR MOTOR  VEHICLE
REGISTRATION for:
  (1)  a  period  of  at  least six but less than twelve months where an
operator is convicted of a violation of paragraph (a) of subdivision two
of this section. In determining the length of such suspension or suspen-
sions, the court may take into  consideration  the  seriousness  of  the
offense  and  may  impose a period of suspension whereby such suspension
may be in effect during a portion of the current or  subsequent  boating
season;
  (2)  a  period  of  twelve  months where an operator is convicted of a
violation of paragraph (b), (c), (d) or (e) of subdivision two  of  this
section;
  (3)  a  period  of twenty-four months where a person is convicted of a
violation of paragraph (b), (c), (d) or (e) of subdivision two  of  this
section  after  having  been  convicted of a violation of paragraph (b),
(c), (d) or (e) of subdivision two of this section  or  of  operating  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06899-01-9

              

S. 1308                             2

vessel  or  public  vessel  while  intoxicated or under the influence of
drugs within the preceding ten years.
  (b)  The  court shall report each conviction recorded pursuant to this
section to the commissioner of motor vehicles and  the  commissioner  of
parks,  recreation  and  historic  preservation on forms provided by the
department of motor vehicles. Such reports shall include the  length  of
any suspension imposed on the privilege to operate a vessel AND DRIVER'S
LICENSE  and  any  suspension  imposed  against a vessel registration OR
MOTOR VEHICLE. The department of motor vehicles shall maintain a  record
of all convictions and suspensions in order to effectuate the provisions
of this section.
  (a)  Operation  of  vessel OR MOTOR VEHICLE while operating privileges
[have] OR DRIVER'S LICENSE HAS been suspended. No person shall operate a
vessel upon the waters of the state OR OPERATE  A  MOTOR  VEHICLE  while
operating  privileges  [have]  OR  DRIVER'S  LICENSE  HAS been suspended
pursuant to this section or section forty-nine-b of this [article] PART.
A violation of the provisions of this paragraph shall be a violation and
shall be punishable by a fine of  not  less  than  three  hundred  fifty
dollars nor more than seven hundred fifty dollars or by imprisonment for
a  period  of not more than ninety days, or by both such fine and impri-
sonment.
  S 2. Subdivision 2 of section 1193 of the vehicle and traffic  law  is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  IN  ADDITION TO ANY DRIVER'S LICENSE SANCTION SET FORTH IN THIS
SUBDIVISION, THE COURT MAY,  UPON  CONVICTION  OF  A  VIOLATION  OF  ANY
PROVISION  OF  SECTION ONE THOUSAND ONE HUNDRED NINETY-TWO OF THIS ARTI-
CLE, SUSPEND OR REVOKE THE PRIVILEGE TO OPERATE A VESSEL UPON THE WATERS
OF THIS STATE OF ANY PERSON SO CONVICTED,  PROVIDED,  HOWEVER,  THAT  NO
SUCH SUSPENSION OR REVOCATION SHALL EXCEED IN DURATION THE SUSPENSION OR
REVOCATION OF SUCH PERSON'S DRIVER'S LICENSE.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.