Bill Text: NY S04977 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the payment of fines for certain violations, the reduction of certain insurance rates and establishes the boating safety education fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-06-06 - referred to transportation [S04977 Detail]
Download: New_York-2015-S04977-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4977
2015-2016 Regular Sessions
I N S E N A T E
April 27, 2015
___________
Introduced by Sen. MARCELLINO -- 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 and the vehicle and traffic law, in
relation to the payment of fines for certain violations; to amend the
navigation law, in relation to reductions in certain insurance rates;
and to amend the state finance law, in relation to establishing the
boating safety education fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 10, 11 and 12 of section 40 of the navigation
2 law, subdivision 11 as renumbered by chapter 391 of the laws of 1971,
3 are renumbered subdivisions 11, 12 and 13 and a new subdivision 10 is
4 added to read as follows:
5 10. ALL VESSELS CONSTRUCTED AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
6 FIFTEEN WHICH HAVE A BILGE, SHALL HAVE A BILGE HIGH WATER ALARM
7 INSTALLED.
8 S 2. Section 73-b of the navigation law, as amended by chapter 320 of
9 the laws of 2007, is amended to read as follows:
10 S 73-b. Misdemeanors. Every person convicted of a misdemeanor pursuant
11 to any of the provisions of this chapter for which another penalty is
12 not provided shall for a first conviction thereof be punished by a fine
13 of not less than two hundred fifty nor more than five hundred dollars or
14 by a period of imprisonment of not more than thirty days or by both such
15 fine and imprisonment; for a conviction of a second violation, both of
16 which were committed within a period of twenty-four months, such person
17 shall be punished by a fine of not less than five hundred nor more than
18 one thousand five hundred dollars or by a period of imprisonment of not
19 more than sixty days or by both such fine and imprisonment; upon a
20 conviction of a third or subsequent violation, all of which were commit-
21 ted within a period of twenty-four months, such person shall be punished
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10128-02-5
S. 4977 2
1 by a fine of not less than one thousand five hundred nor more than two
2 thousand five hundred dollars or by a period of imprisonment of not more
3 than one hundred twenty days or by both such fine and imprisonment. ALL
4 FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN THE
5 BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION
6 NINETY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
7 S 3. Section 73-c of the navigation law is amended by adding a new
8 subdivision 3 to read as follows:
9 3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN
10 THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
11 TY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
12 S 4. Section 78-a of the navigation law, as added by chapter 160 of
13 the laws of 1990 and as further amended by section 104 of part A of
14 chapter 62 of the laws of 2011, is amended to read as follows:
15 S 78-a. Insurance rate reduction. (A) Any insurance carrier licensed
16 to issue yacht or boating liability insurance in this state is author-
17 ized to grant rate reductions with the approval of the department of
18 financial services to any owner of a yacht or boat who has successfully
19 completed a boating safety course or holds a valid United States Coast
20 Guard operators license.
21 (B) ANY INSURANCE CARRIER LICENSED TO ISSUE YACHT OR BOATING LIABILITY
22 INSURANCE IN THIS STATE IS AUTHORIZED TO GRANT RATE REDUCTIONS WITH THE
23 APPROVAL OF THE DEPARTMENT OF FINANCIAL SERVICES TO ANY YACHT OR BOAT
24 THAT IS EQUIPPED WITH A HIGH WATER BILGE ALARM.
25 S 5. The state finance law is amended by adding a new section 97-qqqq
26 to read as follows:
27 S 97-QQQQ. BOATING SAFETY EDUCATION FUND. 1. THERE IS HEREBY ESTAB-
28 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
29 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "BOATING
30 SAFETY EDUCATION FUND".
31 2. THE FUND SHALL CONSIST OF THE FOLLOWING REVENUE: (I) FINES
32 COLLECTED PURSUANT TO SECTION SEVENTY-THREE-B OF THE NAVIGATION LAW;
33 (II) FINES COLLECTED PURSUANT TO SECTION SEVENTY-THREE-C OF THE NAVIGA-
34 TION LAW; (III) BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN, FIFTY
35 PERCENT FROM EACH VESSEL REGISTRATION OR REREGISTRATION FEE PAID PURSU-
36 ANT TO SUBDIVISION THREE OF SECTION TWO THOUSAND TWO HUNDRED FIFTY-ONE
37 OF THE VEHICLE AND TRAFFIC LAW; AND (IV) FINES COLLECTED PURSUANT TO
38 SECTION TWO THOUSAND TWO HUNDRED FIFTY-SIX OF THE VEHICLE AND TRAFFIC
39 LAW.
40 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
41 SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF PARKS, RECREATION AND
42 HISTORIC PRESERVATION ONLY FOR THE ADMINISTRATION AND IMPLEMENTATION OF
43 THE BOATING SAFETY EDUCATION PROGRAM ESTABLISHED PURSUANT TO SECTION
44 SEVENTY-FIVE OF THE NAVIGATION LAW AND BOATING LAW ENFORCEMENT CONDUCTED
45 BY THE STATE OR MUNICIPALITIES. NO MORE THAN TEN PERCENT OF THE ANNUAL
46 RECEIPTS OF THE FUND MAY BE USED FOR ADMINISTRATIVE AND PERSONNEL COSTS
47 OF THE DEPARTMENT NEEDED TO IMPLEMENT AND ADMINISTER THE PROGRAM.
48 REMAINING MONEYS OF THE FUND SHALL BE USED FOR THE ADMINISTRATIVE AND
49 OPERATING EXPENSES OF THE BOATING SAFETY EDUCATION COURSES OF INSTRUC-
50 TION PROVIDED PURSUANT TO SECTION SEVENTY-NINE OF THE NAVIGATION LAW.
51 4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
52 OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
53 OF PARKS, RECREATION, AND HISTORIC PRESERVATION, INCLUDING ADVANCES OF
54 FUNDS PURSUANT TO A CONTRACT TO A BOATING SAFETY EDUCATION COURSES OF
55 INSTRUCTION ORGANIZATION. AT THE END OF EACH YEAR ANY MONEYS REMAINING
56 IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT TO THE
S. 4977 3
1 GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER
2 DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
3 S 6. Subdivision 3 of section 2251 of the vehicle and traffic law, as
4 amended by section 5 of part G of chapter 59 of the laws of 2009, is
5 amended to read as follows:
6 3. Fees. The triennial fee for registration of a vessel shall be:
7 twenty-two dollars and fifty cents and a vessel surcharge of three
8 dollars and seventy-five cents, if less than sixteen feet in length;
9 forty-five dollars and a vessel surcharge of twelve dollars and fifty
10 cents, if sixteen feet or over but less than twenty-six feet in length;
11 seventy-five dollars and a vessel surcharge of eighteen dollars and
12 seventy-five cents, if twenty-six feet or over. All funds derived from
13 the collection of the vessel access surcharge pursuant to this subdivi-
14 sion are to be deposited in a subaccount of the "I love NY waterways"
15 vessel access account established pursuant to section ninety-seven-nn of
16 the state finance law. The vessel access surcharge shall not be consid-
17 ered a registration fee for purposes of section seventy-nine-b of the
18 navigation law.
19 Notwithstanding any inconsistent provision of this section, the differ-
20 ence collected between the fees set forth in this subdivision in effect
21 on and after September first, two thousand nine and the fees set forth
22 in this subdivision prior to such date shall be deposited to the credit
23 of the dedicated highway and bridge trust fund. Notwithstanding any
24 inconsistent provision of this section, the difference collected between
25 the vessel surcharge set forth in this subdivision in effect on and
26 after September first, two thousand nine and the vessel surcharge set
27 forth in this subdivision in effect prior to such date shall be deposit-
28 ed to the credit of the dedicated highway and bridge trust fund.
29 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, FIFTY
30 PERCENT OF THE AMOUNT COLLECTED FROM THE REGISTRATION FEE ON AND AFTER
31 JULY FIRST, TWO THOUSAND FIFTEEN SHALL BE DEPOSITED TO THE CREDIT OF THE
32 BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION
33 NINETY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
34 S 7. Section 2256 of the vehicle and traffic law is amended by adding
35 a new subdivision 3 to read as follows:
36 3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN
37 THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
38 TY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
39 S 8. This act shall take effect on the first of January next succeed-
40 ing the date on which it shall have become a law.
