S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4258--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Transportation -- recommitted to the Committee on Transportation in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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
 EIGHTEEN WHICH HAVE A  BILGE,  SHALL  HAVE  A  BILGE  HIGH  WATER  ALARM
 INSTALLED.
   §  2. Section 73-b of the navigation law, as amended by chapter 320 of
 the laws of 2007, is amended to read as follows:
   § 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

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

                                                            LBD05018-02-8

 A. 4258--A                          2
 
 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-RRRR OF THE STATE FINANCE LAW.
   § 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-RRRR OF THE STATE FINANCE LAW.
   § 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:
   § 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.
   §  5. The state finance law is amended by adding a new section 97-rrrr
 to read as follows:
   § 97-RRRR. 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 NINETEEN, 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

 A. 4258--A                          3
 
 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.
   §  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 EIGHTEEN SHALL BE DEPOSITED TO THE CREDIT OF
 THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
 TY-SEVEN-RRRR OF THE STATE FINANCE LAW.
   §  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-RRRR OF THE STATE FINANCE LAW.
   §  8. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.