BILL NUMBER:  S3003

 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 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 pre-employment, periodic, random,
serious marine incident, post accident and reasonable cause testing
programs. The random drug testing program (46 CFR 16.230) notes that
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 :

2015-16 S.1876/A.2019;
2013-14 S.2922A/A.3355A

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
Immediately; provided, however, that the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.