Bill Text: NY A01502 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires owners of public vessels to maintain proof of financial security.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2011-01-10 - referred to environmental conservation [A01502 Detail]

Download: New_York-2009-A01502-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1502
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced  by  M.  of  A.  TEDISCO  --  Multi-Sponsored  by -- M. of A.
         BARCLAY, SAYWARD -- read once and referred to the Committee  on  Envi-
         ronmental Conservation
       AN  ACT  to amend the navigation law and the vehicle and traffic law, in
         relation to requiring owners of public vessels to  maintain  proof  of
         financial security
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The navigation law is amended by adding a new section 51 to
    2  read as follows:
    3    S 51. PROOF OF FINANCIAL SECURITY. NO PUBLIC VESSEL  SHALL  BE  REGIS-
    4  TERED IN THIS STATE WITHOUT COMPLIANCE WITH THE PROOF OF FINANCIAL SECU-
    5  RITY  REQUIREMENTS  SET  FORTH  IN SUBDIVISION TEN OF SECTION TWENTY-TWO
    6  HUNDRED FIFTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
    7    S 2. Section 2251 of the vehicle and traffic law is amended by  adding
    8  a new subdivision 10 to read as follows:
    9    10.  (A)  NO  PUBLIC VESSEL, AS THAT TERM IS DEFINED PURSUANT TO PARA-
   10  GRAPH (A) OF SUBDIVISION SIX OF SECTION TWO OF THE NAVIGATION LAW, SHALL
   11  BE REGISTERED IN THIS STATE UNLESS THE APPLICATION FOR SUCH REGISTRATION
   12  IS ACCOMPANIED BY PROOF OF FINANCIAL SECURITY WHICH SHALL  BE  EVIDENCED
   13  BY  PROOF  OF INSURANCE. SUCH INSURANCE SHALL CONTAIN LIABILITY COVERAGE
   14  OF AN AMOUNT NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS PER PASSENGER.
   15    (B) THE OWNER OF SUCH PUBLIC VESSEL SHALL MAINTAIN PROOF OF  FINANCIAL
   16  SECURITY  CONTINUOUSLY  THROUGHOUT  THE  REGISTRATION  PERIOD  AND  SUCH
   17  OWNER'S FAILURE TO PRODUCE PROOF OF FINANCIAL SECURITY WHEN REQUESTED TO
   18  DO SO UPON DEMAND OF A MAGISTRATE, PEACE OFFICER, ACTING PURSUANT TO HIS
   19  OR HER SPECIAL DUTIES, OR POLICE OFFICER, WHILE  SUCH  VESSEL  IS  BEING
   20  OPERATED UPON THE NAVIGABLE WATERS OF THE STATE, AS THAT TERM IS DEFINED
   21  PURSUANT TO SUBDIVISION FOUR OF SECTION TWO OF THE NAVIGATION LAW, SHALL
   22  BE  PRESUMPTIVE  EVIDENCE  OF OPERATING A PUBLIC VESSEL WITHOUT PROOF OF
   23  FINANCIAL SECURITY. UPON THE PRODUCTION OF PROOF OF  FINANCIAL  SECURITY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01975-01-1
       A. 1502                             2
    1  SUCH  PRESUMPTION  SHALL  BE  REMOVED.  PRODUCTION OF PROOF OF FINANCIAL
    2  SECURITY MAY BE MADE BY MAILING SUCH PROOF TO THE COURT HAVING JURISDIC-
    3  TION IN THE MATTER, AND ANY NECESSARY RESPONSE BY SUCH COURT OR ACKNOWL-
    4  EDGEMENT  OF THE PRODUCTION OF SUCH PROOF MAY ALSO BE MADE BY MAIL. WHEN
    5  INSURANCE WITH RESPECT TO ANY PUBLIC  VESSEL  IS  TERMINATED  THE  OWNER
    6  SHALL  SURRENDER  FORTHWITH SUCH OWNER'S REGISTRATION CERTIFICATE TO THE
    7  COMMISSIONER UNLESS PROOF OF FINANCIAL SECURITY OTHERWISE IS  MAINTAINED
    8  IN COMPLIANCE WITH THIS ARTICLE. IN ADDITION, PROOF OF FINANCIAL SECURI-
    9  TY SHALL BE AFFIXED TO THE OUTSIDE OF SUCH PUBLIC VESSEL IN A MANNER AND
   10  FORM TO BE DETERMINED BY THE COMMISSIONER.
   11    (C)  THE  COMMISSIONER  IS  HEREBY  AUTHORIZED TO PROMULGATE RULES AND
   12  REGULATIONS TO PROVIDE EFFECTIVE ADMINISTRATION AND ENFORCEMENT  OF  THE
   13  PROVISIONS OF THIS SECTION IN ACCORDANCE WITH THE PURPOSES THEREOF.
   14    S  3.  This  act  shall take effect on the sixtieth day after it shall
   15  have become a law.