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

                                 2706--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee  on  Environmental  Conservation  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03911-02-1
              

A. 2706--A                          2

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.
  [(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  MAY  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.