Bill Text: NY S07867 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-11-14 - REFERRED TO RULES [S07867 Detail]
Download: New_York-2011-S07867-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7867 I N S E N A T E November 14, 2012 ___________ Introduced by Sens. ADAMS, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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: 1 Section 1. This act shall be known and may be cited as "Victoria's 2 law". 3 S 2. The navigation law is amended by adding a new section 49-d to 4 read as follows: 5 S 49-D. OCCUPANCY LIMITATION. 1. NO PERSON SHALL OPERATE A VESSEL ON 6 THE NAVIGABLE WATERS OF THE STATE WITH A NUMBER OF OCCUPANTS, INCLUDING 7 SUCH OPERATOR, THAT EXCEEDS THE MAXIMUM OCCUPANCY RECOMMENDATION ESTAB- 8 LISHED FOR SUCH VESSEL BY THE MANUFACTURER OF SUCH VESSEL. 9 2. NO PERSON SHALL OPERATE A VESSEL ON THE NAVIGABLE WATERS OF THE 10 STATE UNLESS THERE IS CONSPICUOUSLY DISPLAYED ON SUCH VESSEL, A SIGN 11 INDICATING SUCH MAXIMUM OCCUPANCY LIMITATION AND CONTACT INFORMATION 12 REGARDING CERTIFIED FIRST RESPONDERS RESPONSIBLE FOR SUCH WATERS. SUCH 13 SIGN SHALL BE LOCATED WHERE IT IS VISIBLE TO ALL PASSENGERS WHILE SUCH 14 PASSENGERS ARE BOARDING THE VESSEL. 15 3. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OR TWO OF 16 THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE AS SET FORTH IN 17 SECTION SEVENTY-THREE-B OF THIS ARTICLE. 18 4. FOR PURPOSES OF THIS SECTION THE TERM "CERTIFIED FIRST RESPONDER" 19 MEANS AN INDIVIDUAL WHO MEETS THE MINIMUM REQUIREMENTS ESTABLISHED BY 20 REGULATIONS PURSUANT TO SECTION THREE THOUSAND TWO OF THE PUBLIC HEALTH 21 LAW AND WHO IS RESPONSIBLE FOR ADMINISTRATION OF INITIAL LIFESAVING CARE 22 OF SICK AND INJURED PERSONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16585-02-2 S. 7867 2 1 S 3. Subdivision 1 of section 49 of the navigation law, as amended by 2 chapter 805 of the laws of 1992, is amended to read as follows: 3 1. No person [under the age of eighteen years] shall operate a mechan- 4 ically propelled vessel on the navigable waters of the state or any 5 tidewaters bordering on or lying within the boundaries of Nassau and 6 Suffolk counties, unless: 7 a. [the operator is accompanied therein by a person who is eighteen 8 years of age or older, or, 9 b. the operator is ten years of age or older and is the holder of a 10 boating safety certificate issued to him by the commissioner, the United 11 States Power Squadrons or the United States coast guard auxiliary.] THE 12 OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY 13 CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES 14 POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY; OR 15 B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA- 16 NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS 17 AT LEAST EIGHTEEN YEARS OF AGE AND IS 18 (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY 19 THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES 20 COAST GUARD AUXILIARY, OR 21 (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF- 22 ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR 23 C. THE OPERATOR IS EIGHTEEN YEARS OF AGE OR OLDER, IS A PERSON 24 REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIFICATE IN 25 ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED ON 26 THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST 27 EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE; OR 28 D. THE OPERATOR IS THE OWNER OF A RECENTLY PURCHASED VESSEL AND MAY 29 OPERATE SUCH VESSEL WITHOUT THE OTHERWISE REQUIRED BOATER SAFETY CERTIF- 30 ICATE FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM THE DATE OF 31 PURCHASE. 32 THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE: 33 CERTIFIED BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS OF 34 THE UNITED STATES POWER SQUADRONS; MEMBERS OF THE UNITED STATES COAST 35 GUARD AUXILIARY; HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT TO SECTION 36 SIXTY-FOUR OF THIS ARTICLE; POLICE OFFICERS, PEACE OFFICERS, FIRE 37 PERSONNEL, RESCUE PERSONNEL OR LIFEGUARDS, WHEN ANY SUCH PERSON IS 38 ACTING PURSUANT TO ASSIGNED DUTIES; OR LICENSED TO OPERATE VESSELS BY 39 THE UNITED STATES COAST GUARD OR THE CANADIAN COAST GUARD. THE COMMIS- 40 SIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE EXEMPTION OF ADDI- 41 TIONAL PERSONS NOT LISTED IN THIS PARAGRAPH FROM THE REQUIREMENTS OF 42 THIS SECTION. 43 S 4. Paragraphs a, b, and c of subdivision 3 of section 49 of the 44 navigation law are REPEALED and three new paragraphs a, b and c are 45 added to read as follows: 46 A. IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A BOATING SAFETY 47 CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED STATES 48 POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY, OR 49 B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA- 50 NIED ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON EIGH- 51 TEEN YEARS OF AGE OR OLDER AND IS: 52 (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY 53 THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES 54 COAST GUARD AUXILIARY, OR S. 7867 3 1 (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING 2 SAFETY CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; 3 OR 4 C. THE OPERATOR IS EIGHTEEN YEARS OF AGE OR OLDER, IS A PERSON 5 REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING SAFETY 6 CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS 7 ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE 8 HOLDER OF A BOATING SAFETY CERTIFICATE. 9 S 5. Section 75 of the navigation law, as amended by chapter 138 of 10 the laws of 1998, is amended to read as follows: 11 S 75. Educational program. In order to protect the public interest in 12 the prudent and equitable use of the waters of the state and enhance the 13 enjoyment of pleasure boating and other sports thereon, the commissioner 14 shall initiate and put into effect a comprehensive educational program 15 designed to advance boating safety [including], WHICH PROVIDES FOR the 16 training of [youthful] ALL boat operators [and an adult education 17 program for] IN the safe operation of vessels including personal water- 18 craft and specialty prop-craft. 19 S 6. Subdivision 1 of section 78 of the navigation law, as amended by 20 chapter 138 of the laws of 1998, is amended to read as follows: 21 1. "Boating safety certificate" shall mean a certificate issued by the 22 commissioner evidencing that the holder thereof has successfully 23 completed a course of instruction in boating safety as [herein after] 24 provided IN THIS SECTION. The commissioner shall put into effect a plan 25 for the training of [youthful] ALL boat operators and the issuance of 26 such boating safety certificates. For the purposes of this section, the 27 term "boating safety" shall include instruction in the safe operation of 28 personal watercraft and specialty prop-craft. 29 S 7. Section 79 of the navigation law, as amended by chapter 169 of 30 the laws of 2004, is amended to read as follows: 31 S 79. Courses of instruction. For the purpose of giving such courses 32 of instruction and awarding boating safety certificates, [including 33 those issued to adults for the safe operation of vessels including 34 personal watercraft or specialty prop-craft] the commissioner may desig- 35 nate as his or her agent any person the commissioner deems qualified to 36 act in such capacity, including, but not limited to, certified instruc- 37 tors of the United States coast guard auxiliary, United States power 38 squadrons, American power boat association, boy scouts of America, Red 39 Cross and other organizations. [No charge whatsoever shall be made to 40 any person less than eighteen years of age for the issuance of a boating 41 safety certificate. Persons less than eighteen years of age may be 42 charged a fee for instruction in boating safety, except that the office 43 may not charge a fee when providing such instruction to persons less 44 than eighteen years of age.] THE COMMISSIONER SHALL CHARGE A FEE OF 45 FIFTY DOLLARS FOR SUCH COURSE OF INSTRUCTION AND TWENTY-FIVE DOLLARS FOR 46 THE ISSUANCE OF A BOATING SAFETY CERTIFICATE. ALL FEES COLLECTED BY THE 47 COMMISSIONER SHALL BE DEPOSITED INTO THE BOATING SAFETY FUND ESTABLISHED 48 PURSUANT TO SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. 49 S 8. The navigation law is amended by adding a new section 49-e to 50 read as follows: 51 S 49-E. EVENT ORGANIZERS. ANY PERSON WHO ORGANIZES AN EVENT TO TAKE 52 PLACE ON THE NAVIGABLE WATERS OF THE STATE WHICH INCLUDES THE PARTIC- 53 IPATION OF FIVE OR MORE VESSELS SHALL, PRIOR TO SUCH EVENT, OBTAIN A 54 PERMIT TO HOLD SUCH EVENT FROM THE LOCAL MUNICIPALITY HAVING JURISDIC- 55 TION OVER SUCH WATERS. UPON ISSUING OF SUCH PERMIT, SUCH MUNICIPALITY S. 7867 4 1 SHALL CONTACT CERTIFIED FIRST RESPONDERS RESPONSIBLE FOR SUCH WATERS TO 2 INFORM REGARDING THE NATURE AND TIME OF SUCH EVENT. 3 S 9. The state finance law is amended by adding a new section 81 to 4 read as follows: 5 S 81. BOATING SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT 6 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND 7 FINANCE A FUND TO BE KNOWN AS THE BOATING SAFETY FUND. 8 2. SUCH FUND SHALL CONSIST OF ALL FEES COLLECTED PURSUANT TO SECTION 9 SEVENTY-NINE OF THE NAVIGATION LAW, AND ALL OTHER MONEYS CREDITED OR 10 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 11 3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE ONLY FOR USE BY THE 12 NATURAL HERITAGE TRUST FOR SUMMER YOUTH TO PROMOTE THE DEVELOPMENT, 13 IMPLEMENTATION AND IMPROVEMENT OF SUMMER RECREATIONAL ACTIVITIES FOR 14 CHILDREN. SUCH ACTIVITIES SHALL BE ADMINISTERED BY THE DEPARTMENT OF 15 PARKS, RECREATION AND HISTORIC PRESERVATION. 16 4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 17 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER 18 OF PARKS, RECREATION AND HISTORIC PRESERVATION. 19 S 10. This act shall take effect on the ninetieth day after it shall 20 have become a law; provided, however, that effective immediately, the 21 addition, amendment and/or repeal of any rule or regulation necessary 22 for the implementation of this act on its effective date is authorized 23 to be made and completed on or before such date.