Senate Bill S3519

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

                                  3519

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 24, 2011
                               ___________

Introduced  by  Sens. JOHNSON, HANNON, MAZIARZ, O'MARA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

AN  ACT to amend the state finance law, the navigation law and the envi-
  ronmental conservation law, in relation to  establishing  the  aquatic
  invasive species volunteer steward program

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

  Section 1. Subdivision 4 of section 97-nn of the state finance law, as
amended by chapter 524 of the laws  of  2008,  is  amended  to  read  as
follows:
  4.  The  "I  love NY waterways" vessel access account shall consist of
the revenues derived from the vessel access surcharge collected upon the
registration of vessels pursuant to section twenty-two hundred fifty-one
of the vehicle and traffic law AND THE REVENUES DERIVED  FROM  FEES  FOR
NON-MOTORIZED  VESSEL  INVASIVE  SPECIES PERMITS PURSUANT TO SUBDIVISION
SIX OF SECTION 11-0541 OF THE ENVIRONMENTAL CONSERVATION LAW, and  shall
be  available  for (A) the creation, enhancement or maintenance of state
or municipal facilities or services to provide  boating  access  to  the
waters  of  the  state, provided that the state share of the cost of any
project for the creation, enhancement or maintenance of municipal facil-
ities or services shall not exceed fifty percent of such cost;  AND  (B)
NOT  MORE  THAN  TWENTY-FIVE PERCENT OF THE REVENUE IN SUCH ACCOUNT EACH
FISCAL YEAR, THE ADMINISTRATIVE COSTS FOR THE AQUATIC  INVASIVE  SPECIES
VOLUNTEER STEWARD PROGRAM ESTABLISHED PURSUANT TO PART FOUR-A OF ARTICLE
FOUR OF THE NAVIGATION LAW.
  S  2.  Article 4 of the navigation law is amended by adding a new part
4-A to read as follows:
                      PART 4-A -- AQUATIC INVASIVE
                    SPECIES VOLUNTEER STEWARD PROGRAM
SECTION 74-A. AQUATIC INVASIVE SPECIES VOLUNTEER STEWARD PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07337-01-1
              

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  S 74-A. AQUATIC INVASIVE SPECIES VOLUNTEER STEWARD PROGRAM.  IN  ORDER
TO PROTECT THE RECREATIONAL QUALITY OF THE PUBLIC WATERWAYS, THE ECONOM-
IC INTERESTS OF MARINE INDUSTRIES, AND THE ENJOYMENT OF PLEASURE BOATING
AND OTHER SPORTS ON THE WATERS OF THE STATE FROM THE NEGATIVE IMPACTS OF
AQUATIC  INVASIVE SPECIES, THE COMMISSIONER, IN COOPERATION WITH THE NEW
YORK INVASIVE SPECIES COUNCIL, SHALL ESTABLISH AND  PUT  INTO  EFFECT  A
COMPREHENSIVE   AQUATIC   INVASIVE  SPECIES  VOLUNTARY  STEWARD  PROGRAM
DESIGNED TO COLLECT INFORMATION AND DATA ON ALIEN PLANTS AND ANIMALS  IN
THE WATERS OF THE STATE AND TO EDUCATE BOATERS. STEWARDS SHALL BE TASKED
WITH, TO THE EXTENT PRACTICABLE, INSPECTING VESSELS ENTERING AND LEAVING
STATE WATERWAYS, REMOVING AND COLLECTING PLANT OR ANIMAL MATERIAL, IDEN-
TIFYING  AQUATIC  INVASIVE  SPECIES, AND MAKING A SURVEY RECORD THEREOF.
SUCH SURVEY SHALL INCLUDE, TO THE EXTENT  AVAILABLE,  INFORMATION  ABOUT
THE VESSEL, ITS ORIGIN, BODY OR BODIES OF WATER IN WHICH IT WAS OPERATED
AND  OVER  WHAT  PERIODS  OF TIME AND WHAT INVASIVE SPECIES MATERIAL MAY
HAVE BEEN COLLECTED FROM THE VESSEL, AS WELL AS  ANY  OTHER  INFORMATION
THE  COMMISSIONER  MAY DEEM HELPFUL IN MEETING THE GOALS OF THE PROGRAM.
NOTHING IN THIS SECTION SHALL COMPEL  A  VESSEL  OWNER  OR  OPERATOR  TO
COMPLY  WITH  AN INSPECTION OR REQUEST FOR INFORMATION BY A STEWARD, NOR
REQUIRE A PRIVATELY-OWNED BOAT FACILITY OR MARINA  TO  ALLOW  ACCESS  TO
STEWARDS FOR THE PURPOSES OF THIS PROGRAM. THE COMMISSIONER SHALL DEVEL-
OP  EDUCATIONAL  MATERIALS THAT MAY BE DISTRIBUTED TO BOATERS AND OTHERS
THAT DESCRIBE WAYS IN WHICH VESSEL OWNERS AND OPERATORS  CAN  ASSIST  IN
THE COLLECTION OF DATA ON AQUATIC INVASIVE SPECIES AND ENCOURAGE EFFORTS
TO  PREVENT  THE  TRANSPORTATION OR THE INTRODUCTION OF AQUATIC INVASIVE
SPECIES TO THE STATE'S WATERWAYS. ALL INFORMATION AND DATA GENERATED AND
COLLECTED PURSUANT TO THIS SECTION SHALL BE UNDER THE JOINT  CUSTODY  OF
THE  COMMISSIONER,  THE NEW YORK INVASIVE SPECIES COUNCIL AND SUCH OTHER
STATE AGENCIES THAT THE COMMISSIONER DETERMINES TO BE APPROPRIATE.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 11-0541 to read as follows:
S 11-0541. NON-MOTORIZED VESSEL INVASIVE SPECIES PERMIT.
  1.  NO PERSON SHALL OPERATE OR PERMIT THE OPERATION OF A NON-MOTORIZED
VESSEL ON THE NAVIGABLE WATERS OF THE STATE OR  UPON  ANY  OTHER  WATERS
WITHIN  THE  BOUNDARIES  OF THE STATE, EXCEPT WATERS WHICH ARE PRIVATELY
OWNED, UNLESS SUCH NON-MOTORIZED VESSEL DISPLAYS  ON  THE  HULL  OF  THE
VESSEL  IN  PLAIN  SIGHT  A VALID, NON-MOTORIZED VESSEL INVASIVE SPECIES
STICKER ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS  OF
THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION, "NON-MOTORIZED VESSEL" INCLUDES A
SAILBOAT,  ROWBOAT, CANOE OR KAYAK THAT IS NOT REQUIRED TO BE REGISTERED
PURSUANT TO ARTICLE FORTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW.
  3. THE  COMMISSIONER  SHALL  ISSUE  A  NON-MOTORIZED  VESSEL  INVASIVE
SPECIES  STICKER  OR STICKERS TO AN OWNER OR OPERATOR OF A NON-MOTORIZED
VESSEL BY MEANS OF THE APPLICABLE PROCEDURES IN SECTION 11-0713 OF  THIS
CHAPTER.  SUCH STICKER SHALL BE VALID FOR ONE YEAR.
  4.  THE HOLDER OF A NON-MOTORIZED VESSEL INVASIVE SPECIES PERMIT SHALL
AT ALL TIMES EXHIBIT SUCH NON-MOTORIZED VESSEL INVASIVE SPECIES  STICKER
ON  THE HULL OF THE VESSEL IN PLAIN SIGHT. FAILURE TO PROPERLY DISPLAY A
VALID, AUTHENTIC NON-MOTORIZED VESSEL INVASIVE SPECIES STICKER  PURSUANT
TO  SUBDIVISION  ONE  OF  THIS SECTION IS PRESUMPTIVE EVIDENCE THAT SUCH
PERSON IS OPERATING A NON-MOTORIZED VESSEL WITHOUT A PERMIT.
  5. THE OWNER OR OPERATOR OF EACH VESSEL REQUIRING A PERMIT UNDER  THIS
SECTION SHALL PRESENT AN APPLICATION FOR A NON-MOTORIZED VESSEL INVASIVE
SPECIES  STICKER  TO  THE  COMMISSIONER  OR  AN  AGENT DESIGNATED BY THE

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COMMISSIONER, ON A FORM TO BE PREPARED AND FURNISHED BY THE COMMISSIONER
FOR SUCH PURPOSE.
  6.  EACH  APPLICANT FOR A NON-MOTORIZED VESSEL INVASIVE SPECIES PERMIT
SHALL PAY TO THE ISSUING OFFICER A FEE OF SIX DOLLARS FOR EACH  STICKER.
THE  NON-MOTORIZED  VESSEL  INVASIVE  SPECIES  PERMIT  FEE  SHALL NOT BE
CONSIDERED A REGISTRATION FEE. ALL FUNDS DERIVED FROM THE COLLECTION  OF
THE  NON-MOTORIZED VESSEL INVASIVE SPECIES PERMIT FEE SHALL BE DEPOSITED
IN AND CREDITED TO THE "I  LOVE  NY  WATERWAYS"  VESSEL  ACCESS  ACCOUNT
ESTABLISHED  PURSUANT  TO  SECTION  NINETY-SEVEN-NN OF THE STATE FINANCE
LAW, AS ADDED BY CHAPTER EIGHT HUNDRED FIVE  OF  THE  LAWS  OF  NINETEEN
HUNDRED NINETY-TWO.
  7.  THE  COMMISSIONER IS HEREBY EMPOWERED TO MAKE SUCH RULES AND REGU-
LATIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
SECTION.
  8. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION OR REGULATION
ADOPTED  PURSUANT THERETO SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A
FINE NOT TO EXCEED ONE HUNDRED DOLLARS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, any regulations necessary for the implementation of  the  provisions
of  this  act  on  its  effective date are authorized and directed to be
promulgated before such date.