Senate Bill S2022

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2022
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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  requiring  certain
   policies of insurance for public vessels which carry passengers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50 of the navigation law, as amended by chapter 672
 of the laws of 1962, is amended to read as follows:
   § 50. Owners to notify inspector and apply for inspection. It shall be
 the duty of the owner of a public vessel which he intends to operate  on
 the navigable waters of the state to notify the inspector of such inten-
 tion  at  least  one  month  before it is desired to place the vessel in
 operation and to request an inspection of such vessel. Upon  receipt  of
 such  notification  the  inspector  shall  enter  the application on the
 records of his office. A temporary permit to operate such vessel pending
 inspection may be issued by the inspector, if he finds through  documen-
 tary  evidence  that such vessel is properly equipped and manned for the
 safety of life and property. No public vessel shall be used or  operated
 without  a  certificate  of inspection or a temporary permit as [herein]
 provided IN THIS SECTION.   NO CERTIFICATE OF  INSPECTION  OR  TEMPORARY
 PERMIT  SHALL  BE  ISSUED  UNLESS  THE OWNER OF A PUBLIC VESSEL PRODUCES
 PROOF OF INSURANCE TO THE INSPECTOR IN ACCORDANCE WITH SECTION FIFTY-ONE
 OF THIS PART.
   § 2. The navigation law is amended by adding two new sections  51  and
 52 to read as follows:
   §  51.  LIABILITY  INSURANCE ON PUBLIC VESSELS. 1. EVERY PUBLIC VESSEL
 CERTIFIED TO CARRY PASSENGERS WHICH IS OPERATED ON THE NAVIGABLE  WATERS
 OF  THE  STATE, EXCEPT VESSELS WHICH NAVIGATE ON WATERS WHICH THE UNITED
 STATES EXERCISES ACTIVE CONTROL, SHALL BE COVERED BY A CORPORATE  SURETY
 BOND  OR  A  POLICY  OF PROTECTION AND INDEMNITY INSURANCE, ISSUED BY AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05887-01-9

 S. 2022                             2
 
 INSURER AUTHORIZED TO ISSUE POLICIES  IN  THIS  STATE  PURSUANT  TO  THE
 INSURANCE  LAW.  PUBLIC VESSELS CERTIFIED BY THE OFFICE OF PARKS, RECRE-
 ATION AND HISTORIC PRESERVATION TO CARRY PASSENGERS SHALL PROVIDE COVER-
 AGE  OF  AT  LEAST  ONE  MILLION DOLLARS PER OCCURRENCE FOR INJURY TO OR
 DEATH OF ANY PERSON ARISING OUT  OF  THE  NEGLIGENT  OPERATION  OF  SAID
 PUBLIC VESSEL.
   EVERY  SUCH  BOND  OR INSURANCE POLICY SHALL CONTAIN A PROVISION FOR A
 CONTINUING LIABILITY THEREUNDER, NOTWITHSTANDING ANY  RECOVERY  THEREON,
 AND  SHALL  BE  IN  FULL  FORCE AND EFFECT WHENEVER THE PUBLIC VESSEL IS
 UNDERWAY.
   2. NO POLICY OR CONTRACT SHALL BE ISSUED OR DELIVERED  IN  THIS  STATE
 PURSUANT  TO THIS SECTION UNLESS IT CONTAINS IN SUBSTANCE THE PROVISIONS
 OF SECTION THREE HUNDRED TWENTY OF THE INSURANCE LAW.
   3. PROOF OF BOND OR  INSURANCE  REQUIRED  BY  THIS  SECTION  SHALL  BE
 PRODUCED  AND  DISPLAYED  BY THE OWNER OR OPERATOR OF SUCH PUBLIC VESSEL
 UPON  THE  REQUEST  OF  ANY  PERSON  HAVING  AUTHORITY  TO  ENFORCE  THE
 PROVISIONS  OF  THIS CHAPTER. THE FAILURE TO PRODUCE SUCH PROOF UPON THE
 REQUEST OF ANY SUCH PERSON SHALL NOT BE AN OFFENSE BUT SHALL BE PRESUMP-
 TIVE EVIDENCE THAT THE PUBLIC VESSEL IS BEING  OPERATED  WITHOUT  HAVING
 SUCH BOND OR INSURANCE IN FORCE AND EFFECT.
   4.  NO OWNER OF A PUBLIC VESSEL SHALL OPERATE OR PERMIT THE SAME TO BE
 OPERATED UPON THE NAVIGABLE WATERS OF THIS STATE WITHOUT HAVING IN  FULL
 FORCE  AND  EFFECT  THE  LIABILITY  INSURANCE  COVERAGE REQUIRED BY THIS
 SECTION, AND NO PERSON SHALL OPERATE A PUBLIC VESSEL UPON THE  NAVIGABLE
 WATERS  OF  THIS STATE WITH KNOWLEDGE THAT SUCH INSURANCE IS NOT IN FULL
 FORCE AND EFFECT.
   5. OPERATION OF A PUBLIC VESSEL IN VIOLATION OF  THE  REQUIREMENTS  OF
 THIS  SECTION  SHALL  BE  PUNISHABLE AS A MISDEMEANOR IN ACCORDANCE WITH
 SECTION SEVENTY-THREE-B OF THIS ARTICLE.
   § 52. SELF-INSURERS. THE COMMISSIONER MAY, IN HIS OR  HER  DISCRETION,
 UPON  THE APPLICATION OF AN OWNER OF A PUBLIC VESSEL TO HAVE SUCH PUBLIC
 VESSEL CERTIFIED, ISSUE A CERTIFICATE OF SELF-INSURANCE WHEN HE  OR  SHE
 IS  REASONABLY SATISFIED THAT SUCH PERSON IS POSSESSED AND WILL CONTINUE
 TO BE POSSESSED  OF  THE  FINANCIAL  ABILITY  TO  RESPOND  TO  JUDGMENTS
 OBTAINED AGAINST SUCH PERSON, ARISING OUT OF THE OWNERSHIP, MAINTENANCE,
 USE OR OPERATION OF ANY SUCH PERSON'S PUBLIC VESSEL. UPON DUE NOTICE AND
 HEARING, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION AND UPON REASON-
 ABLE GROUNDS, CANCEL A CERTIFICATE OF SELF-INSURANCE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.