NY State Senate Bill 2013-S2995

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2013	referred to cultural affairs, tourism, parks and recreation

2013-S2995 (ACTIVE) - Details

Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
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 2011-2012 Legislative Session:: S7867

2013-S2995 (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.

2013-S2995 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2995

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 mechanically 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
recommendation 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 counties, 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 education 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, 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 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 niece 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 recreational 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 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.

2013-S2995 (ACTIVE) - Bill Text download pdf

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

                                  2995

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06099-01-3

S. 2995                             2

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.
  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:

S. 2995                             3

  (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
  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

S. 2995                             4

PERMIT  TO  HOLD SUCH EVENT FROM THE LOCAL MUNICIPALITY HAVING JURISDIC-
TION OVER SUCH WATERS. UPON ISSUING OF SUCH  PERMIT,  SUCH  MUNICIPALITY
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 S2995

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Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

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2013-S2995 (ACTIVE) - Details

2013-S2995 (ACTIVE) - Summary

2013-S2995 (ACTIVE) - Sponsor Memo

2013-S2995 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Actions

2013-S2995 (ACTIVE) - Details

2013-S2995 (ACTIVE) - Summary

2013-S2995 (ACTIVE) - Sponsor Memo

2013-S2995 (ACTIVE) - Bill Text download pdf

Comments