senate Bill S5372

Signed By Governor
2011-2012 Legislative Session

Extends through January 1, 2013, provisions authorizing the operation of certain leased craft without a boating safety certificate

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Sponsored By

Archive: Last Bill Status Via A7279 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.301
Jul 22, 2011 delivered to governor
Jun 14, 2011 returned to assembly
passed senate
3rd reading cal.1011
substituted for s5372
Jun 14, 2011 substituted by a7279
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1011
May 13, 2011 referred to cultural affairs, tourism, parks and recreation

Votes

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Jun 6, 2011 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S5372
12
0
committee
12
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Jun 6, 2011

aye wr (2)

S5372 - Bill Details

See Assembly Version of this Bill:
A7279
Law Section:
Parks
Laws Affected:
Amd ยง8, Chap 138 of 1998

S5372 - Bill Texts

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Extends through January 1, 2013, provisions authorizing the operation of certain leased personal watercraft and prop-craft without a boating safety certificate.

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BILL NUMBER:S5372

TITLE OF BILL:
An act
to amend chapter 138 of the laws of 1998 amending the navigation
law and the state finance law relating to the operation of personal
watercraft and specialty prop-craft, in relation to extending the
effectiveness thereof

PURPOSE:
To establish an expiration of provisions of the Navigation law
authorizing the operation of certain leased personal watercraft
without a boating safety certificate.

SUMMARY OF PROVISIONS:
Section 8 of chapter 138 of the laws of 1998 amending the navigation
law and the state finance law relating to the operation of personal
watercraft and specialty prop-craft, as amended by chapter 361 of the
laws of 2007 is amended to provide that section five of the act
shall expire and be deemed repealed January 1, 2013.

JUSTIFICATION:
Section 5(f) of chapter 138 of the laws of 1998 allows a person over
eighteen years of age to operate a personal watercraft or a specialty
prop-craft without a certificate required pursuant to section
forty-nine of such article when such operation is restricted by the
operator of a livery, or the livery operator's designated agent, to a
specified area, no part of which shall be more than twenty-five
hundred feet from the livery location, or, if removed from the livery
location, not more than five hundred feet from the livery operator or
agent assigned by the livery operator to supervise such operation and
such personal watercraft or specialty prop-craft and or the personal
flotation device of the operator is clearly marked in such a manner
as to be distinguishable by the operator of such livery operator's
designated agent within the permitted areas of operation. This
section of the original law is important so that livery operators are
still able to participate in the tourism industry by being able to
lease their equipment to people vacationing in the area from New York
and other states. However, having the law sunset every two years
gives the Legislature an opportunity to monitor that such practice
continues to be beneficial for
the industry and consumer.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5372

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend chapter 138 of the laws of 1998 amending the  navigation
  law  and  the  state finance law relating to the operation of personal
  watercraft and specialty prop-craft,  in  relation  to  extending  the
  effectiveness thereof

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

  Section 1. Section 8 of chapter 138 of the laws of 1998, amending  the
navigation  law  and  the state finance law relating to the operation of
personal watercraft and specialty prop-craft, as amended by chapter  188
of the laws of 2009, is amended to read as follows:
  S 8. This act shall take effect immediately; provided that section two
of  this  act  shall  take effect January 1, 2000 and shall apply to all
operators born on or after January 1, 2000 and shall apply to all opera-
tors born on or after January 1, 1981, provided  further  on  and  after
January  1,  2001 and before January 1, 2002 such section shall apply to
all operators born on or after January 1, 1978; provided further that on
and after January 1, 2002 and before January 1, 2003 such section  shall
apply  to  all  operators  born  on  or  after January 1, 1975; provided
further that on and after January 1, 2003 and  before  January  1,  2004
such  section  shall  apply to all operators born on or after January 1,
1972, and provided further that on and after January 1,  2004  it  shall
apply  to  all operators; and provided further that section five of this
act shall expire and be deemed repealed January 1, [2012] 2013.  Upon  a
finding  that  courses  do not exist in sufficient numbers to enable the
operators of personal watercraft to earn boating safety certificates  in
a  timely  fashion  as  required by subdivision 1-a of section 49 of the
navigation law, as added by section two of this act, the commissioner of
parks, recreation and historic preservation is  authorized  by  rule  or
regulation to modify the dates provided in this section.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10416-01-1

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