S T A T E O F N E W Y O R K
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7538
2013-2014 Regular Sessions
I N A S S E M B L Y
May 23, 2013
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development
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
CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES
POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10304-01-3
A. 7538 2
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 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
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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,
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
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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".
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-
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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.
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
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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.