Senate Bill S4628A

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

                                  4628

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 the navigation law, the insurance law, the state finance
  law  and  the  vehicle  and  traffic law, in relation to requiring all
  persons operating a mechanically propelled vessel to be a holder of  a
  boating  safety  certificate;  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. Subdivisions 10, 11 and 12 of section 40 of the navigation
law, subdivision 11 as renumbered by chapter 391 of the  laws  of  1971,
are  renumbered  subdivisions  11, 12 and 13 and a new subdivision 10 is
added to read as follows:
  10. ALL VESSELS CONSTRUCTED AFTER DECEMBER THIRTY-FIRST, TWO  THOUSAND
FOURTEEN  WHICH  HAVE  A  BILGE,  SHALL  HAVE  A  BILGE HIGH WATER ALARM
INSTALLED.
  S 2. 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] BORN ON OR AFTER JANU-
ARY FIRST, NINETEEN HUNDRED NINETY-FIVE  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10304-01-3

              

S. 4628                             2

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 SIXTY 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 SUBDIVISION FROM THE REQUIREMENTS OF
THIS SECTION.
  S 3. Paragraphs a, b, and c of subdivision 3  of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-FOUR; OR
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-FIVE, 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
  C. 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
  (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
SAFETY CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED  VESSEL;
OR
  D.  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 4. Section 75 of the navigation law, as amended by  chapter  138  of
the laws of 1998, is amended to read as follows:

S. 4628                             3

  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 5. 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  6.  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 designate as his
or her agent any person the commissioner deems qualified to act in  such
capacity,  including,  but  not limited to, certified instructors 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  eigh-
teen years of age.
  S  7.  Section  71-d  of the navigation law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING SUBDIVISION ONE OF  SECTION  FORTY-NINE  OF  THIS
ARTICLE,  A  LIVERY  MAY  LEASE,  HIRE  OR RENT A MECHANICALLY PROPELLED
VESSEL, EXCEPT A PERSONAL  WATERCRAFT  OR  SPECIALTY  PROP-CRAFT,  TO  A
PERSON WHO IS NOT THE HOLDER OF A BOATING SAFETY CERTIFICATE IF:
  (A) THE PERSON IS EIGHTEEN YEARS OR OLDER;
  (B) THE OPERATOR OF SUCH LIVERY OR HIS OR HER DESIGNATED AGENT, IS THE
HOLDER  OF A BOATING SAFETY CERTIFICATE, AND PRIOR TO PERMITTING THE USE
BY SUCH PERSON OF THE VESSEL EXPLAINS AND DEMONSTRATES TO SUCH PERSON BY
VIDEO OR ACTUAL IN WATER DEMONSTRATION THE OPERATION OF SUCH VESSEL, AND
THE USE AND LOCATION OF SUCH VESSEL'S SAFETY EQUIPMENT;
  (C) SUCH PERSON, AFTER RECEIVING  THE  EXPLANATION  AND  DEMONSTRATION
REQUIRED  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, DEMONSTRATES TO
THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT THE ABILI-
TY TO OPERATE SUCH VESSEL AND USE THE APPLICABLE SAFETY EQUIPMENT;
  (D) THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS  FOR
THE LOCAL AREA;
  (E)  SUCH  PERSON  PRESENTS GENUINE PROOF OF IDENTIFICATION AND AGE TO
THE LIVERY OPERATOR;
  (F) THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT,  AT
THE  TIME OF THE LEASING, HIRING, OR RENTING, RECORDS THE NAME, ADDRESS,

S. 4628                             4

AND AGE OF THE OPERATOR OF THE LEASED, HIRED OR RENTED VESSEL,  AND  THE
MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
DOCUMENTATION  NUMBERS  OF  THE  LEASED,  HIRED,  OR RENTED VESSEL. SUCH
RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
  (G) THE VESSEL IS NOT LEASED, HIRED OR RENTED TO THE SAME PERSON FOR A
PERIOD EXCEEDING SIXTY DAYS.
  S  8. Section 73-b of the navigation law, as amended by chapter 320 of
the laws of 2007, is amended to read as follows:
  S 73-b. Misdemeanors. Every person convicted of a misdemeanor pursuant
to any of the provisions of this chapter for which  another  penalty  is
not  provided shall for a first conviction thereof be punished by a fine
of not less than two hundred fifty nor more than five hundred dollars or
by a period of imprisonment of not more than thirty days or by both such
fine and imprisonment; for a conviction of a second violation,  both  of
which  were committed within a period of twenty-four months, such person
shall be punished by a fine of not less than five hundred nor more  than
one  thousand five hundred dollars or by a period of imprisonment of not
more than sixty days or by both  such  fine  and  imprisonment;  upon  a
conviction of a third or subsequent violation, all of which were commit-
ted within a period of twenty-four months, such person shall be punished
by  a  fine of not less than one thousand five hundred nor more than two
thousand five hundred dollars or by a period of imprisonment of not more
than one hundred twenty days or by both such fine and imprisonment.  ALL
FINES  COLLECTED  PURSUANT  TO  THIS  SECTION ARE TO BE DEPOSITED IN THE
BOATING  SAFETY  EDUCATION  FUND   ESTABLISHED   PURSUANT   TO   SECTION
NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW.
  S  9.  Section  73-c  of the navigation law is amended by adding a new
subdivision 3 to read as follows:
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN
THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW.
  S  10.  The  insurance  law is amended by adding a new section 2327 to
read as follows:
  S 2327. MARINE LIABILITY, AND COMPREHENSIVE INSURANCE  RATES;  PREMIUM
REDUCTIONS  IN  CERTAIN  CASES. (A) ANY SCHEDULE OF RATES OR RATING PLAN
FOR MARINE LIABILITY INSURANCE SUBMITTED  TO  THE  SUPERINTENDENT  SHALL
PROVIDE  FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR ANY INSURED
FOR A THREE YEAR PERIOD AFTER SUCCESSFULLY COMPLETING A  BOATING  SAFETY
CERTIFICATE,  ISSUED  TO HIM OR HER BY THE COMMISSIONER OF THE OFFICE OF
PARKS, RECREATION AND HISTORIC PRESERVATION,  THE  UNITED  STATES  POWER
SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY.  SUCH REDUCTION IN
PREMIUM  CHARGES  SHALL BE SUBSEQUENTLY MODIFIED TO THE EXTENT APPROPRI-
ATE, BASED UPON ANALYSIS OF LOSS EXPERIENCE STATISTICS AND  OTHER  RELE-
VANT  FACTORS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ATTEND-
ANCE AT A COURSE PURSUANT TO ARTICLE FOUR OF THE  NAVIGATION  LAW  AS  A
RESULT OF ANY INFRACTION OR VIOLATION.
  (B)  ANY  SCHEDULE OR RATING PLAN FOR MARINE LIABILITY INSURANCE SHALL
PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES WITH RESPECT  TO
ANY INSURED VESSEL EQUIPPED WITH A HIGH WATER BILGE ALARM.
  S 11. The state finance law is amended by adding a new section 97-nnnn
to read as follows:
  S  97-NNNN.  BOATING  SAFETY EDUCATION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE  "BOATING
SAFETY EDUCATION FUND".

S. 4628                             5

  2.  THE  FUND  SHALL  CONSIST  OF  THE  FOLLOWING  REVENUE:  (I) FINES
COLLECTED PURSUANT TO SECTION SEVENTY-THREE-B  OF  THE  NAVIGATION  LAW;
(II)  FINES COLLECTED PURSUANT TO SECTION SEVENTY-THREE-C OF THE NAVIGA-
TION LAW; PARAGRAPH (C-1) OF SUBDIVISION TWO  OF  SECTION  FIVE  HUNDRED
THREE  OF  THE  VEHICLE AND TRAFFIC LAW; (III) BEGINNING JULY FIRST, TWO
THOUSAND FOURTEEN, FIFTY PERCENT FROM EACH VESSEL REGISTRATION OR REREG-
ISTRATION FEE PAID PURSUANT TO SUBDIVISION THREE OF SECTION TWO THOUSAND
TWO HUNDRED FIFTY-ONE OF THE VEHICLE AND TRAFFIC  LAW;  AND  (IV)  FINES
COLLECTED  PURSUANT TO SECTION TWO THOUSAND TWO HUNDRED FIFTY-SIX OF THE
VEHICLE AND TRAFFIC LAW.
  3. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL  BE  MADE  AVAILABLE  TO  THE  DEPARTMENT OF PARKS, RECREATION AND
HISTORIC PRESERVATION ONLY FOR THE ADMINISTRATION AND IMPLEMENTATION  OF
THE  BOATING  SAFETY  EDUCATION  PROGRAM ESTABLISHED PURSUANT TO SECTION
SEVENTY-FIVE OF THE NAVIGATION LAW AND BOATING LAW ENFORCEMENT CONDUCTED
BY THE STATE OR MUNICIPALITIES. NO MORE THAN TEN PERCENT OF  THE  ANNUAL
RECEIPTS  OF THE FUND MAY BE USED FOR ADMINISTRATIVE AND PERSONNEL COSTS
OF THE DEPARTMENT  NEEDED  TO  IMPLEMENT  AND  ADMINISTER  THE  PROGRAM.
REMAINING  MONEYS  OF  THE FUND SHALL BE USED FOR THE ADMINISTRATIVE AND
OPERATING EXPENSES OF THE BOATING SAFETY EDUCATION COURSES  OF  INSTRUC-
TION PROVIDED PURSUANT TO SECTION SEVENTY-NINE OF THE NAVIGATION LAW.
  4.  THE  MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF PARKS, RECREATION, AND HISTORIC PRESERVATION, INCLUDING  ADVANCES  OF
FUNDS  PURSUANT  TO  A CONTRACT TO A BOATING SAFETY EDUCATION COURSES OF
INSTRUCTION ORGANIZATION. AT THE END OF EACH YEAR ANY  MONEYS  REMAINING
IN  THE  FUND  SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT TO THE
GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER
DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
  S 12. Subdivision 3 of section 2251 of the vehicle and traffic law, as
amended by section 5 of part G of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Fees.  The  triennial  fee  for registration of a vessel shall be:
twenty-two dollars and fifty cents  and  a  vessel  surcharge  of  three
dollars  and  seventy-five  cents,  if less than sixteen feet in length;
forty-five dollars and a vessel surcharge of twelve  dollars  and  fifty
cents,  if sixteen feet or over but less than twenty-six feet in length;
seventy-five dollars and a vessel  surcharge  of  eighteen  dollars  and
seventy-five  cents,  if twenty-six feet or over. All funds derived from
the collection of the vessel access surcharge pursuant to this  subdivi-
sion  are  to  be deposited in a subaccount of the "I love NY waterways"
vessel access account established pursuant to section ninety-seven-nn of
the state finance law. The vessel access surcharge shall not be  consid-
ered  a  registration  fee for purposes of section seventy-nine-b of the
navigation law.
Notwithstanding any inconsistent provision of this section, the  differ-
ence  collected between the fees set forth in this subdivision in effect
on and after September first, two thousand nine and the fees  set  forth
in  this subdivision prior to such date shall be deposited to the credit
of the dedicated highway and  bridge  trust  fund.  Notwithstanding  any
inconsistent provision of this section, the difference collected between
the  vessel  surcharge  set  forth  in this subdivision in effect on and
after September first, two thousand nine and the  vessel  surcharge  set
forth in this subdivision in effect prior to such date shall be deposit-
ed to the credit of the dedicated highway and bridge trust fund.

S. 4628                             6

  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS SECTION, FIFTY
PERCENT OF THE AMOUNT COLLECTED FROM THE REGISTRATION FEE ON  AND  AFTER
JULY  FIRST,  TWO  THOUSAND FOURTEEN SHALL BE DEPOSITED TO THE CREDIT OF
THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW.
  S 13. Section 2256 of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN
THE  BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW.
  S 14. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.