senate Bill S7391

2013-2014 Legislative Session

Establishes and funds the derelict vessel abatement fund

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2014 referred to transportation

S7391 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §2251, V & T L; amd §136, Nav L; add §99-w, St Fin L

S7391 - Bill Texts

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Establishes and funds the derelict vessel abatement fund.

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BILL NUMBER:S7391

TITLE OF BILL: An act to amend the vehicle and traffic law, the naviga-
tion law and the state finance law, in relation to establishing and
funding the derelict vessel abatement fund

SUMMARY OF PROVISIONS: Section 1 amends subdivision 3 of section 2251 of
the vehicle and traffic law to deposit the current additional surcharge
for certain vessels into the derelict vessel abatement fund.

Section 2 amends section 136 of the navigation law that currently allows
for all sheriffs, and all other persons aiding and assisting in the
recovery and preservation of wrecked property, to be reimbursed for
expenses paid for by the salvage claimed. Also, if additional expenses
are owed, the sheriff may apply to the comptroller for payment from the
derelict vessel fund.

Section 3 amends the state finance law by addiction section 99-w which
establishes the "derelict vessel abatement fund" and provides that the
state comptroller and the commissioner of taxation and finance hold
joint custody. Money remaining in the fund at the end of each year will
remain in the fund and will not be reverted to the general fund.

Section 4 states the effective date.

JUSTIFICATION: A derelict vessel is a boat presumed to be left or aban-
doned for more than 24 hours. In the wake of recent storms to hit New
York State, the appearance of derelict vessels throughout New York
waterways was all too common. Currently, the state has an antiquated
process of removing and disposing of derelict vessels which leaves the
burden and cost on private home owners and municipalities.

Derelict vessels cause pollution, endanger wildlife, and create problems
for boaters. By establishing a derelict vessel abatement fund, munici-
palities and rescue workers will now have a plan and financial support
to remove and dispose of abandoned vessels. This will improve the safety
of our waterways quickly, and will provide sheriffs and rescue workers
reimbursement for expenses occurred.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next
succeeding the date upon which it shall have become a law.

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

                                  7391

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, the navigation law and  the
  state  finance  law, in relation to establishing and funding the dere-
  lict vessel abatement fund

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

  Section  1.  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.  A. 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.]
  B.  Notwithstanding  any  inconsistent  provision of this section, the
difference 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] DERELICT VESSEL
ABATEMENT fund.
  C. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15168-01-4

S. 7391                             2

to such date shall be deposited to the credit of the [dedicated  highway
and bridge trust] DERELICT VESSEL ABATEMENT fund.
  S 2. Section 136 of the navigation law is amended to read as follows:
  S 136. Detention  of  wreck. All sheriffs, and all persons employed by
them, and all other persons aiding and assisting  in  the  recovery  and
preservation  of  wrecked  property,  shall  be entitled to a reasonable
allowance as salvage for their services, and to all expenses incurred by
them in the performance of such services, out of the property saved, and
the officer having the custody of such property shall  detain  the  same
until such salvage and expenses shall be paid and the salvage claimed in
any  case  shall  not  exceed  one-half  of the value of the property or
proceeds, and every agreement, order or adjustment  allowing  a  greater
salvage shall be void.  IF ADDITIONAL EXPENSES ARE OWED, THE SHERIFF MAY
APPLY  TO  THE  COMPTROLLER  FOR  PAYMENT  FROM THE DERELICT VESSEL FUND
ESTABLISHED PURSUANT TO SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 99-w  to
read as follows:
  S 99-W. DERELICT VESSEL ABATEMENT FUND. 1. THERE IS HEREBY ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DERELICT  VESSEL
ABATEMENT FUND".
  2.  THE  FUND  SHALL CONSIST OF FEES COLLECTED PURSUANT TO SECTION ONE
HUNDRED THIRTY-SIX OF THE NAVIGATION LAW.
  3. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL  BE MADE AVAILABLE TO COUNTY SHERIFFS ONLY FOR COSTS INCURRED WHEN
IMPLEMENTING ARTICLE TEN OF THE NAVIGATION LAW.
  4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF  THE COMPTROLLER. 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 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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