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.
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