Senate Bill S8352

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

                                  8352

                            I N  S E N A T E

                              June 25, 2010
                               ___________

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

AN ACT to amend the Greenwood Lake Protection Act, in relation to elimi-
  nating dock fees and establishing a penalty for boat permit violations
  on Greenwood Lake

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

  Section  1.  Subdivision  g  of section 5 of chapter 47 of the laws of
2002, constituting the Greenwood Lake Protection Act, as added by  chap-
ter 577 of the laws of 2006, is amended to read as follows:
  g. Collect fees in accordance with the following provisions:  (1) [The
owner of a dock, wharf or mooring on Greenwood Lake used for non-commer-
cial  residential  purposes shall pay an annual fee of $37.50. The owner
of a dock or wharf on Greenwood Lake used for commercial purposes  shall
pay an annual fee of $3.75 per linear foot for each such dock. The owner
of  a  mooring  used  for commercial purposes shall pay an annual fee of
$75.00 for each mooring. New docks constructed for commercial use  after
the effective date of this paragraph shall pay a first time fee of $7.50
per linear foot and $3.75 per linear foot annually thereafter.
  (2)]  In  addition  to  the  registration  required  by the state, any
mechanically propelled boat or vessel with ten horsepower or  more  [and
any  non-mechanically  propelled boat or vessel eighteen feet or more in
length] used on Greenwood Lake shall have an annual permit issued by the
Greenwood Lake commission. The fee therefor for  boats  twenty  feet  or
less  in length overall shall be $30.00; for boats twenty-one to twenty-
five feet in length overall, $37.50; and for boats over twenty-five feet
in length overall, $37.50 and $7.50 for each foot by  which  the  length
overall  exceeds  twenty-five  feet;  for boats over twenty-five feet in
length overall outfitted for overnight use, $37.50 and $30.00  for  each
foot by which the overall length exceeds twenty-five feet. The Greenwood
Lake  commission  may  establish  a  one week use permit for $11.25. The
Greenwood Lake commission may establish a one day use permit  for  $7.50
for  any  mechanically  propelled  boat  or  vessel [or non-mechanically
propelled boat or vessel] subject to the annual fee.

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

                                                           LBD17349-05-0

S. 8352                             2

  [(3)] (2) The Greenwood Lake commission may charge a fee to an  appli-
cant  for  a  permit in order to recover the costs incurred in reviewing
and acting upon an application for such permit.
  [(4)  All] (3) UNLESS OTHERWISE INDICATED, ALL fees collected pursuant
to this section shall be deposited to the credit of the  Greenwood  Lake
protection  fund  pursuant  to  section  ninety-seven-ffff  of the state
finance law.
  (4) ANY PERSON WHO OPERATES A BOAT OR VESSEL ON GREENWOOD LAKE WITHOUT
A PERMIT, PURSUANT TO THIS SUBDIVISION, SHALL BE  LIABLE  TO  A  SUMMONS
ISSUED FROM THE NEW YORK STATE POLICE, THE NEW YORK STATE PARK POLICE, A
STATE CONSERVATION OFFICER, OR A SWORN NEW YORK LAW ENFORCEMENT OFFICER,
AND  SHALL  BE  SUBJECT TO A CIVIL PENALTY THAT SHALL BE ESTABLISHED AND
ENFORCED BY THE GOVERNING BODY OF THE LOCAL MUNICIPALITY.
  S 2. This act shall take effect upon enactment into law by  the  state
of  New  Jersey  of legislation having substantially similar effect with
this act, but if the state of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided  that  the
amendments  to  subdivision  g of section 5 of chapter 47 of the laws of
2002, constituting the Greenwood Lake Protection Act made by section one
of this act shall not affect the repeal of such subdivision and shall be
deemed repealed therewith; provided  further  that  the  Greenwood  Lake
Commission  shall  notify  the legislative bill drafting commission upon
the occurrence of the enactment of the legislation provided for in  this
act  in order that the legislative bill drafting commission may maintain
an accurate and timely effective data base of the official text  of  the
laws of the state of New York in furtherance of effecting the provisions
of  section  44  of  the  legislative law and section 70-b of the public
officers law.