NY State Senate Bill 2011-S7867

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 14, 2012	referred to rules

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2011-S7867 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Navigation Law
Laws Affected:: Add §§49-d & 49-e, amd §§49, 75, 78 & 79, rpld & add §49 sub 3 ¶¶a, b & c, Nav L; add §81, St Fin L
Versions Introduced in 2013-2014 Legislative Session:: S2995

2011-S7867 (ACTIVE) - Summary

Enacts "Victoria's law" to promote boater safety; requires all persons operating a mechanically propelled vessel to be a holder of a boating safety certificate; establishes the boating safety fund to promote summer activities for children.

2011-S7867 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7867

TITLE OF BILL:
An act to amend the navigation law, in relation to enacting "Victoria's
law", promoting boater safety, requiring all persons operating a mechan-
ically propelled vessel to be a holder of a boating safety certificate;
and to amend the state finance law, in relation to establishing the
boating safety fund to promote summer activities for children; and to
repeal certain provisions of the navigation law relating thereto

PURPOSE:
Enacts "Victoria's Law" to promote boater safety; repealer

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This act shall be known and may be cited as "Victoria's Law".
§ 2. The navigation law is amended by adding a new section 49-d to read
as follows: § 49-d. Occupancy limitation. (1.) No person shall operate a
vessel on the navigable waters of the state with a number of occupants,
including such operator, that exceeds the maximum occupancy recommenda-
tion established for such vessel by the manufacturer of such vessel.
(2.) No person shall operate a vessel on the navigable waters of the
state unless there is conspicuously displayed on such vessel, a sign
indicating such maximum occupancy limitation and contact information
regarding certified first responders responsible for such waters. Such
sign shall be located where it is visible to all passengers while such
passengers are boarding the vessel. (3.) Any person who violates the

provisions of subdivision one or two of this section shall be guilty of
a misdemeanor: punishable as set forth in section seventy-three-b of
this article. (4.) For purposes of this section the term "certified
first responder" means an individual who meets the minimum requirements
established by regulations pursuant to section three thousand two of the
public health law and who is responsible for administration of initial
lifesaving care of sick and injured persons.

§ 3. Subdivision (1) of section 49 of the navigation law, as amended by
chapter 805 of the laws of 1992, is amended to read as follows:  (1.) No
person (under the age of eighteen years) shall operate a mechanically
propelled vessel on the navigable waters of the state or any tidewaters
bordering on or lying within the boundaries of Nassau and Suffolk coun-
ties, with certain exceptions. The commissioner, by rule or regulation,
may provide for the exemption of additional persons not listed in the
Subdivision (1) from the requirements of § 3. § 4. Paragraphs (a), (b),
and (c) of subdivision (3) of section 49 of the navigation law are
REPEALED and three new paragraphs (a), (b) and (c) are added. § 5.
Section 75 of the navigation law, as amended by chapter 138 of the laws
of 1998, is amended to include an Educational program, wherein the
commissioner shall initiate and put into effect a comprehensive educa-
tion program designed to advance boating safety. § 6.  Subdivision (1)
of section 78 of the navigation law, as amended by chapter 138 of the
laws of 1998, is amended to include the requirement of a "Boating safety
certificate". This shall mean a certificate issued by the commissioner

evidencing that the holder thereof has successfully completed a course
of instruction in boating safety as provided in this section § 7.
Section 79 of the navigation law, as amended by chapter 169 of the laws
of 2004, is amended. § 8. The navigation law is amended by adding a new
section 49-e to include the requirement of any person who organizes an
event to take place on the navigable waters of the state which includes
the participation of five or more vessels shall, prior to such event,
obtain a permit from the local municipality having jurisdiction over
such waters. § 9. The state finance law is amended by adding a new
section 81 of the navigation law to include a Boating safety fund, wher-
ein moneys of the fund shall be made available only for use by the
Natural Heritage trust for Summer Youth to promote the development,
implementation and improvement of summer recreational activities for
children. Such activities shall be administrated by the department of
parks, recreation and historic preservation.

JUSTIFICATION:
In amending Chapter 805 of the Laws of 1992, it was the intent of the
Legislature to enact section 49-d of the navigation law to be referred
to as "Victoria's law", to promote boater safety.

On July 4, 2012, three children were killed when an overcrowded boat
capsized on the Long Island Sound. One of the victim's family are
constituents of Senator Eric Adams. To ensure the safety and security of
New York State residents, the enactment of this legislation will prevent
other avoidable boating accidents, through the passage of stricter
nautical laws in New York State.

Provisions under this piece of legislation shall include: limiting the
capacity of occupants for all recreational watercraft; signifying the
occupancy limit and first responder information in a conspicuous
location, to be displayed where visible when boarding; requiring boat
safety training and certification for new boat owners; in the case of an
event involving watercraft, the issuance of a public permit; and for
private event planners to inform participants of adequate water security
and safety behaviors.

On behalf of young Victoria Gaines, and all who are affected by unsafe
boating conditions, this piece of legislation, shall be named Victoria's
Law, for the little girl who perished seeks to prevent similar incidents
through the enactment of legislation that would limit the capacity of
occupants for all recreational watercraft and signify the occupancy
limit and first responder information conspicuously displayed where
visible when boarding; require boat safety training and certification
for new boat owners; in the case of an event involving watercraft, the
issuance of a public permit and for private event planners to inform
participants of adequate water security/safety behaviors.

"Victoria's Law" is a revenue positive bill. Revenue shall be allocated
into a boating safety fund, wherein moneys of the fund shall be made
available only for use by the Natural Heritage trust for Summer Youth to
promote the development, implementation and improvement of summer recre-

ational activities for children. Such activities shall be administrated
by the department of parks, recreation and historic preservation.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
Revenue positive bill.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date is authorized to be
made and completed on or before such date.

2011-S7867 (ACTIVE) - Bill Text download pdf

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

                                  7867

                            I N  S E N A T E

                            November 14, 2012
                               ___________

Introduced by Sens. ADAMS, PARKER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN  ACT to amend the navigation law, in relation to enacting "Victoria's
  law", promoting boater  safety,  requiring  all  persons  operating  a
  mechanically  propelled  vessel  to  be  a  holder of a boating safety
  certificate; and to amend the state finance law, in relation to estab-
  lishing the boating safety fund to promote summer activities for chil-
  dren; and to repeal certain provisions of the navigation law  relating
  thereto

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

  Section 1. This act shall be known and may  be  cited  as  "Victoria's
law".
  S  2.  The  navigation  law is amended by adding a new section 49-d to
read as follows:
  S 49-D. OCCUPANCY LIMITATION. 1. NO PERSON SHALL OPERATE A  VESSEL  ON
THE  NAVIGABLE WATERS OF THE STATE WITH A NUMBER OF OCCUPANTS, INCLUDING
SUCH OPERATOR, THAT EXCEEDS THE MAXIMUM OCCUPANCY RECOMMENDATION  ESTAB-
LISHED FOR SUCH VESSEL BY THE MANUFACTURER OF SUCH VESSEL.
  2.  NO  PERSON  SHALL  OPERATE A VESSEL ON THE NAVIGABLE WATERS OF THE
STATE UNLESS THERE IS CONSPICUOUSLY DISPLAYED ON  SUCH  VESSEL,  A  SIGN
INDICATING  SUCH  MAXIMUM  OCCUPANCY  LIMITATION AND CONTACT INFORMATION
REGARDING CERTIFIED FIRST RESPONDERS RESPONSIBLE FOR SUCH  WATERS.  SUCH
SIGN  SHALL  BE LOCATED WHERE IT IS VISIBLE TO ALL PASSENGERS WHILE SUCH
PASSENGERS ARE BOARDING THE VESSEL.
  3. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OR TWO OF
THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE AS SET FORTH IN
SECTION SEVENTY-THREE-B OF THIS ARTICLE.
  4. FOR PURPOSES OF THIS SECTION THE TERM "CERTIFIED  FIRST  RESPONDER"
MEANS  AN  INDIVIDUAL  WHO MEETS THE MINIMUM REQUIREMENTS ESTABLISHED BY
REGULATIONS PURSUANT TO SECTION THREE THOUSAND TWO OF THE PUBLIC  HEALTH
LAW AND WHO IS RESPONSIBLE FOR ADMINISTRATION OF INITIAL LIFESAVING CARE
OF SICK AND INJURED PERSONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16585-02-2

S. 7867                             2

  S  3. Subdivision 1 of section 49 of the navigation law, as amended by
chapter 805 of the laws of 1992, is amended to read as follows:
  1. No person [under the age of eighteen years] shall operate a mechan-
ically  propelled  vessel  on  the  navigable waters of the state or any
tidewaters bordering on or lying within the  boundaries  of  Nassau  and
Suffolk counties, unless:
  a.  [the  operator  is accompanied therein by a person who is eighteen
years of age or older, or,
  b. the operator is ten years of age or older and is the  holder  of  a
boating safety certificate issued to him by the commissioner, the United
States  Power Squadrons or the United States coast guard auxiliary.] THE
OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED  STATES
POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY; OR
  B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED  ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS
AT LEAST EIGHTEEN YEARS OF AGE AND IS
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
COAST GUARD AUXILIARY, OR
  (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
  C. THE OPERATOR IS EIGHTEEN  YEARS  OF  AGE  OR  OLDER,  IS  A  PERSON
REQUIRED  BY  THIS  SUBDIVISION  TO HOLD A BOATING SAFETY CERTIFICATE IN
ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED  ON
THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE; OR
  D.  THE  OPERATOR  IS THE OWNER OF A RECENTLY PURCHASED VESSEL AND MAY
OPERATE SUCH VESSEL WITHOUT THE OTHERWISE REQUIRED BOATER SAFETY CERTIF-
ICATE FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM  THE  DATE  OF
PURCHASE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
CERTIFIED  BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS OF
THE UNITED STATES POWER SQUADRONS; MEMBERS OF THE  UNITED  STATES  COAST
GUARD  AUXILIARY;  HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT TO SECTION
SIXTY-FOUR OF  THIS  ARTICLE;  POLICE  OFFICERS,  PEACE  OFFICERS,  FIRE
PERSONNEL,  RESCUE  PERSONNEL  OR  LIFEGUARDS,  WHEN  ANY SUCH PERSON IS
ACTING PURSUANT TO ASSIGNED DUTIES; OR LICENSED TO  OPERATE  VESSELS  BY
THE  UNITED  STATES COAST GUARD OR THE CANADIAN COAST GUARD. THE COMMIS-
SIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE  EXEMPTION  OF  ADDI-
TIONAL  PERSONS  NOT  LISTED  IN THIS PARAGRAPH FROM THE REQUIREMENTS OF
THIS SECTION.
  S 4. Paragraphs a, b, and c of subdivision 3  of  section  49  of  the
navigation  law  are  REPEALED  and  three new paragraphs a, b and c are
added to read as follows:
  A. IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A BOATING  SAFETY
CERTIFICATE  ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES
POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY, OR
  B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE  PERSON  EIGH-
TEEN YEARS OF AGE OR OLDER AND IS:
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
COAST GUARD AUXILIARY, OR

S. 7867                             3

  (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
SAFETY  CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL;
OR
  C.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO  HOLD  A  BOATING  SAFETY
CERTIFICATE  IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS
ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE.
  S 5. Section 75 of the navigation law, as amended by  chapter  138  of
the laws of 1998, is amended to read as follows:
  S 75. Educational  program. In order to protect the public interest in
the prudent and equitable use of the waters of the state and enhance the
enjoyment of pleasure boating and other sports thereon, the commissioner
shall initiate and put into effect a comprehensive  educational  program
designed  to  advance boating safety [including], WHICH PROVIDES FOR the
training of [youthful]  ALL  boat  operators  [and  an  adult  education
program  for] IN the safe operation of vessels including personal water-
craft and specialty prop-craft.
  S 6. Subdivision 1 of section 78 of the navigation law, as amended  by
chapter 138 of the laws of 1998, is amended to read as follows:
  1. "Boating safety certificate" shall mean a certificate issued by the
commissioner   evidencing  that  the  holder  thereof  has  successfully
completed a course of instruction in boating safety  as  [herein  after]
provided IN THIS SECTION.  The commissioner shall put into effect a plan
for  the  training  of [youthful] ALL boat operators and the issuance of
such boating safety certificates.  For the purposes of this section, the
term "boating safety" shall include instruction in the safe operation of
personal watercraft and specialty prop-craft.
  S 7. Section 79 of the navigation law, as amended by  chapter  169  of
the laws of 2004, is amended to read as follows:
  S 79.  Courses  of instruction. For the purpose of giving such courses
of instruction and  awarding  boating  safety  certificates,  [including
those  issued  to  adults  for  the  safe operation of vessels including
personal watercraft or specialty prop-craft] the commissioner may desig-
nate as his or her agent any person the commissioner deems qualified  to
act  in such capacity, including, but not limited to, certified instruc-
tors of the United States coast guard  auxiliary,  United  States  power
squadrons,  American  power boat association, boy scouts of America, Red
Cross and other organizations. [No charge whatsoever shall  be  made  to
any person less than eighteen years of age for the issuance of a boating
safety  certificate.  Persons  less  than  eighteen  years of age may be
charged a fee for instruction in boating safety, except that the  office
may  not  charge  a  fee when providing such instruction to persons less
than eighteen years of age.] THE COMMISSIONER  SHALL  CHARGE  A  FEE  OF
FIFTY DOLLARS FOR SUCH COURSE OF INSTRUCTION AND TWENTY-FIVE DOLLARS FOR
THE  ISSUANCE OF A BOATING SAFETY CERTIFICATE. ALL FEES COLLECTED BY THE
COMMISSIONER SHALL BE DEPOSITED INTO THE BOATING SAFETY FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
  S 8. The navigation law is amended by adding a  new  section  49-e  to
read as follows:
  S  49-E.  EVENT  ORGANIZERS. ANY PERSON WHO ORGANIZES AN EVENT TO TAKE
PLACE ON THE NAVIGABLE WATERS OF THE STATE WHICH  INCLUDES  THE  PARTIC-
IPATION  OF  FIVE  OR  MORE VESSELS SHALL, PRIOR TO SUCH EVENT, OBTAIN A
PERMIT TO HOLD SUCH EVENT FROM THE LOCAL MUNICIPALITY  HAVING  JURISDIC-
TION  OVER  SUCH  WATERS. UPON ISSUING OF SUCH PERMIT, SUCH MUNICIPALITY

S. 7867                             4

SHALL CONTACT CERTIFIED FIRST RESPONDERS RESPONSIBLE FOR SUCH WATERS  TO
INFORM REGARDING THE NATURE AND TIME OF SUCH EVENT.
  S  9.  The  state finance law is amended by adding a new section 81 to
read as follows:
  S 81. BOATING SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
FINANCE A FUND TO BE KNOWN AS THE BOATING SAFETY FUND.
  2.  SUCH  FUND SHALL CONSIST OF ALL FEES COLLECTED PURSUANT TO SECTION
SEVENTY-NINE OF THE NAVIGATION LAW, AND ALL  OTHER  MONEYS  CREDITED  OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  MONEYS  OF  THE  FUND  SHALL BE MADE AVAILABLE ONLY FOR USE BY THE
NATURAL HERITAGE TRUST FOR SUMMER  YOUTH  TO  PROMOTE  THE  DEVELOPMENT,
IMPLEMENTATION  AND  IMPROVEMENT  OF  SUMMER RECREATIONAL ACTIVITIES FOR
CHILDREN. SUCH ACTIVITIES SHALL BE ADMINISTERED  BY  THE  DEPARTMENT  OF
PARKS, RECREATION AND HISTORIC PRESERVATION.
  4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF PARKS, RECREATION AND HISTORIC PRESERVATION.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.

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Senate Bill S7867

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2011-S7867 (ACTIVE) - Details

2011-S7867 (ACTIVE) - Summary

2011-S7867 (ACTIVE) - Sponsor Memo

2011-S7867 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

Kevin S. Parker

2011-S7867 (ACTIVE) - Details

2011-S7867 (ACTIVE) - Summary

2011-S7867 (ACTIVE) - Sponsor Memo

2011-S7867 (ACTIVE) - Bill Text download pdf

Comments