senate Bill S2922A

2013-2014 Legislative Session

Relates to party and charter boat licenses

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to codes
delivered to assembly
passed senate
May 29, 2014 amended on third reading 2922a
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.620
Jan 08, 2014 referred to environmental conservation
Jun 21, 2013 committed to rules
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.461
Jan 25, 2013 referred to environmental conservation

Votes

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May 13, 2014 - Environmental Conservation committee Vote

S2922
10
0
committee
10
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 13, 2014

aye wr (3)

Apr 30, 2013 - Environmental Conservation committee Vote

S2922
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 30, 2013

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S2922 - Bill Details

See Assembly Version of this Bill:
A3355A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0336, En Con L

S2922 - Bill Texts

view summary

Relates to party and charter boat licenses.

view sponsor memo
BILL NUMBER:S2922

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to party and charter boat licenses

PURPOSE: To require the submission of proof by the owner of a qualified
vessel that the owner and crew of such vessel are currently enrolled in
a random drug testing program in order to obtain a license for a party
or charter boat.

SUMMARY OF PROVISIONS: Amends Section 13-0336 of the Environmental
Conservation Law by adding a new subdivision 3 to require the owner of a
qualified vessel to submit proof that the operator and crew of such
vessel are currently enrolled in a random drug testing program that
complies with the Federal Government's 46 CFR "Drug Testing Program"
regulations when applying for a party and charter boat license from the
New York State Department of Environmental Conservation.

JUSTIFICATION: Title 46 Code of Federal Regulations (46 CFR), requires
marine employers to administer a drug and alcohol testing program for
their employees. These regulations were developed by the United States
Coast Guard and set the minimum requirements for testing in the marine
industry. Any crewmember who performs a safety related function onboard
a vessel, including but not limited to line handling, steering the
vessel, distributing life vests, or ensuring the safety of the passen-
gers, is required to be included in the program. This drug and alcohol
testing program requires preemployment, periodic, random, serious marine
incident, post accident, and reasonable cause testing programs. The
random drug testing program (46 CFR 16.230) notes that a person may not
serve on a vessel in the position as master, operator, or person in
charge, unless all crewmembers covered under the provisions of Section
16.230 CFR are subject to the established random testing requirements.

The safety of party and charter boat passengers and crew is of utmost
importance. This legislation would require the owner of a qualified
vessel to submit proof that the operator and crew of such vessel are
currently enrolled in a random drug testing program that complies with
the Federal Government's 46 CFR "Drug Testing Program" regulations when
applying for a party and charter boat license from the New York State
Department of Environmental Conservation. Because vessel owners should
already be enrolled in a 46 CFR 16.230 random drug testing program, this
requirement will not place any additional burden on vessel owners.
Enactment of this measure will enhance enforcement of this federal law
while ensuring the safety and well being of party and charter boat
passengers and crewmembers.

LEGISLATIVE HISTORY: New Legislation, 2013.

FISCAL IMPLICATIONS:None to the State.

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
________________________________________________________________________

    S. 2922                                                  A. 3355

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 25, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to party
  and charter boat licenses

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

  Section  1.  Section  13-0336 of the environmental conservation law is
amended by adding a new subdivision 3 to read as follows:
  3. IN ORDER TO OBTAIN A PARTY AND CHARTER BOAT LICENSE, THE OWNER OF A
QUALIFIED VESSEL MUST SUBMIT  PROOF  THAT  THE  OPERATOR  AND  CREW  ARE
CURRENTLY  ENROLLED  IN A RANDOM DRUG TESTING PROGRAM THAT COMPLIES WITH
THE FEDERAL GOVERNMENT'S 46CFR "DRUG TESTING PROGRAM" REGULATIONS.
  S 2. This act shall take effect immediately; provided,  however,  that
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before  such  effective
date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05806-01-3

S2922A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3355A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0336, En Con L

S2922A (ACTIVE) - Bill Texts

view summary

Relates to party and charter boat licenses.

view sponsor memo
BILL NUMBER:S2922A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to party and charter boat licenses

PURPOSE:

To require the submission of proof by the owner of a qualified vessel
that the owner and crew of such vessel are currently enrolled in a
random drug testing program in order to obtain a license for a party
or charter boat.

SUMMARY OF PROVISIONS:

Amends Section 13-0336 of the Environmental Conservation Law by adding
a new subdivision 3 to require the owner of a qualified vessel to
submit proof that the operator and crew of such vessel are currently
enrolled in a random drug testing program that complies with the
Federal Government's 46CFR 16.230 "Drug Testing Program" regulations
when applying for a party and charter boat license from the New York
State Department of Environmental Conservation.

JUSTIFICATION:

Title 46 Code of Federal Regulations (46 CFR), requires marine
employers to administer a drug and alcohol testing program for their
employees. These regulations were developed by the United States Coast
Guard and set the minimum requirements for testing in the marine
industry. Any crewmember who performs a safety related function
onboard a vessel, including but not limited to line handling, steering
the vessel, distributing life vests, or ensuring the safety of the
passengers, is required to be included in the program. This drug and
alcohol testing program requires preemployment, periodic, random,
serious marine incident, post accident, and reasonable cause testing
programs. The random drug testing program (46 CFR 16.230) notes that a
person may not serve on a vessel in the position as master, operator,
or person in charge, unless all crewmembers covered under the
provisions of Section 16.230 CFR are subject to the established random
testing requirements.

The safety of party and charter boat passengers and crew is of utmost
importance. This legislation would require the owner of a qualified
vessel to submit proof that the operator and crew of such vessel are
currently enrolled in a random drug testing program that complies with
the Federal Government's 46 CFR "Drug Testing Program" regulations
when applying for a party and charter boat license from the New York
State Department of Environmental Conservation. Because vessel owners
should already be enrolled in a 46 CFR 16.230 random drug testing
program, this requirement will not place any additional burden on
vessel owners. Enactment of this measure will enhance enforcement of
this federal law while ensuring the safety and well being of party and
charter boat passengers and crewmembers.

LEGISLATIVE HISTORY:

New Legislation, 2013.


FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

    S. 2922--A                                            A. 3355--A
    Cal. No. 620

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 25, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation in accordance with Senate Rule 6, sec. 8 -- reported  favorably
  from  said committee, ordered to first and second report, ordered to a
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

IN  ASSEMBLY  --  Introduced  by  M. of A. THIELE, GRAF -- read once and
  referred to the Committee on Environmental Conservation -- recommitted
  to the Committee on  Environmental  Conservation  in  accordance  with
  Assembly  Rule  3, sec. 2 -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to party
  and charter boat licenses

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

  Section 1. Section 13-0336 of the environmental  conservation  law  is
amended by adding a new subdivision 3 to read as follows:
  3. IN ORDER TO OBTAIN A PARTY AND CHARTER BOAT LICENSE, THE OWNER OF A
QUALIFIED  VESSEL  MUST  SUBMIT  PROOF  THAT  THE  OPERATOR AND CREW ARE
CURRENTLY ENROLLED IN A RANDOM DRUG TESTING PROGRAM THAT  COMPLIES  WITH
THE  FEDERAL  GOVERNMENT'S  46CFR  16.230  "DRUG  TESTING PROGRAM" REGU-
LATIONS.
  S 2. This act shall take effect immediately; provided,  however,  that
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before  such  effective
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05806-02-4

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