NY State Senate Bill S4977

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 (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2016	referred to transportation delivered to assembly passed senate
Jun 01, 2016	ordered to third reading cal.1244 committee discharged and committed to rules
Jan 06, 2016	referred to cultural affairs, tourism, parks and recreation returned to senate died in assembly
Jun 16, 2015	referred to transportation delivered to assembly passed senate ordered to third reading cal.1669 committee discharged and committed to rules
May 20, 2015	reported and committed to finance
Apr 27, 2015	referred to cultural affairs, tourism, parks and recreation

Votes

view votes

Jun 6, 2016 - floor Vote

S4977

floor

Aye

Nay

Absent

Excused

Abstained

Jun 1, 2016 - Rules committee Vote

S4977

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 16, 2015 - floor Vote

S4977

floor

Aye

Nay

Absent

Excused

Abstained

Jun 16, 2015 - Rules committee Vote

S4977

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 20, 2015 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S4977

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S4977 (ACTIVE) - Details

See Assembly Version of this Bill:: A10465
Current Committee:: Assembly Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§40, 73-b, 73-c & 78-a, Nav L; add §97-qqqq, St Fin L; amd §§2251 & 2256, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4628
2017-2018: S2863, A4258

S4977 (ACTIVE) - Summary

Relates to the payment of fines for certain violations, the reduction of certain insurance rates and establishes the boating safety education fund.

S4977 (ACTIVE) - Sponsor Memo

BILL NUMBER:S4977

TITLE OF BILL:  An act to amend the navigation law and the vehicle and
traffic law, in relation to the payment of fines for certain
violations; to amend the navigation law, in relation to reductions in
certain insurance rates; and to amend the state finance law, in
relation to establishing the boating safety education fund

PURPOSE: To update current law and put in place safety provisions that
will decrease the number of accidents and deaths on New York's
waterways

SUMMARY OF PROVISIONS:  Renumbers subdivisions 10, 11 and 12 of
section 40 of the Navigation Law to 11, 12 and 13 respectively

Adds a new subdivision 10 of chapter 391 of the laws of 1971 that
requires all vessels constructed after December 31, 2015, which have a
bilge, must have a bilge high water alarm installed.

Amends section 73-b of the Navigation Law to allow all fines collected
in this section to be deposited in the boating safety education fund.

Adds a new subdivision 3 to section 73-c of the Navigation Law that
all fines collected as a result of this section are to be deposited in
the boating safety education fund.

Amends section 78-a of the Navigation Law allows for reduced
insurances rates for any insured vessels that are equipped with a high
water bilge alarm.

Adds a new section 97-qqqq of the State Finance Law that subdivision 1
establishes a Boating Safety Education Fund under the supervision of
the State Comptroller and the Commissioner of the Department of
Taxation and Finance. Subdivision 2 establish how the fund is funded.

Amends subdivision 3 of section 2251 of the Vehicle and Traffic Law to
allow 50 percent of the funds collect from the registration fee after
July 1, 2015 shall be deposited into the boating safety education fund

Adds subdivision 3 of section 2256 of the Vehicle and Traffic Law to
allow all fines collect to be deposited in the Boating Safety
Education Fund to fund education classes and boating enforcement

JUSTIFICATION:  This legislation is intended to provide funding to
ensure that those operating mechanically propelled vessels on New
York's waterways are properly educated. Every year, there are tragic
accidents that occur on New York's waterways that could have been
prevented. Proper training and education will give boaters the skills
they need to reduce the number of accidents.

In August of 2012, the Senate Investigations and Government Operations
Committee convened to hold a public hearing on Boating Safety on New
York's Waters. The Committee heard from members of the boating
community who shared their stories, experiences and how New York could
move forward in protecting those on its waters. This legislation has
been devised from that conversation and through a number of
recommendations that the Committee made as a result of their hearing.


LEGISLATIVE HISTORY:  2014: S.4628-A Cultural Affairs, Tourism, Parks
and Recreation / No Same As

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on January 1st of the next
succeeding date on which it shall have become law.

S4977 (ACTIVE) - Bill Text download pdf

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

                                  4977

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

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 and the vehicle and traffic law, in
  relation to the payment of fines for certain violations; to amend  the
  navigation  law, in relation to reductions in certain insurance rates;
  and to amend the state finance law, in relation  to  establishing  the
  boating safety education fund

  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
FIFTEEN WHICH HAVE  A  BILGE,  SHALL  HAVE  A  BILGE  HIGH  WATER  ALARM
INSTALLED.
  S  2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10128-02-5

S. 4977                             2

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-QQQQ OF THE STATE FINANCE LAW.
  S  3.  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-QQQQ OF THE STATE FINANCE LAW.
  S  4.  Section  78-a of the navigation law, as added by chapter 160 of
the laws of 1990 and as further amended by section  104  of  part  A  of
chapter 62 of the laws of 2011, is amended to read as follows:
  S 78-a. Insurance  rate  reduction. (A) Any insurance carrier licensed
to issue yacht or boating liability insurance in this state  is  author-
ized  to  grant  rate  reductions with the approval of the department of
financial services to any owner of a yacht or boat who has  successfully
completed  a  boating safety course or holds a valid United States Coast
Guard operators license.
  (B) ANY INSURANCE CARRIER LICENSED TO ISSUE YACHT OR BOATING LIABILITY
INSURANCE IN THIS STATE IS AUTHORIZED TO GRANT RATE REDUCTIONS WITH  THE
APPROVAL  OF  THE  DEPARTMENT OF FINANCIAL SERVICES TO ANY YACHT OR BOAT
THAT IS EQUIPPED WITH A HIGH WATER BILGE ALARM.
  S 5. The state finance law is amended by adding a new section  97-qqqq
to read as follows:
  S  97-QQQQ.  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-
TION LAW; (III)  BEGINNING  JULY  FIRST,  TWO  THOUSAND  SIXTEEN,  FIFTY
PERCENT  FROM EACH VESSEL REGISTRATION OR REREGISTRATION FEE PAID PURSU-
ANT 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

S. 4977                             3

GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER
DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
  S  6. 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 FIFTEEN SHALL BE DEPOSITED TO THE CREDIT OF THE
BOATING   SAFETY   EDUCATION   FUND   ESTABLISHED  PURSUANT  TO  SECTION
NINETY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
  S 7. 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-QQQQ OF THE STATE FINANCE LAW.
  S 8. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S4977

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2016 - floor Vote

Floor Vote: Jun 6, 2016

Jun 1, 2016 - Rules committee Vote

Rules Committee Vote: Jun 1, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

May 20, 2015 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: May 20, 2015

S4977 (ACTIVE) - Details

S4977 (ACTIVE) - Summary

S4977 (ACTIVE) - Sponsor Memo

S4977 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4977

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Sponsored By

Carl L Marcellino

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2016 - floor Vote

Floor Vote: Jun 6, 2016

Jun 1, 2016 - Rules committee Vote

Rules Committee Vote: Jun 1, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

May 20, 2015 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: May 20, 2015

S4977 (ACTIVE) - Details

S4977 (ACTIVE) - Summary

S4977 (ACTIVE) - Sponsor Memo

S4977 (ACTIVE) - Bill Text download pdf

Comments