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:

  Section 1. Subdivisions 10, 11 and 12 of section 40 of the  navigation
law,  subdivision  11  as renumbered by chapter 391 of the laws of 1971,
are renumbered subdivisions 11, 12 and 13 and a new  subdivision  10  is
added to read as follows:
  10.  ALL VESSELS CONSTRUCTED AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
FIFTEEN WHICH HAVE  A  BILGE,  SHALL  HAVE  A  BILGE  HIGH  WATER  ALARM
INSTALLED.
  S  2. Section 73-b of the navigation law, as amended by chapter 320 of
the laws of 2007, is amended to read as follows:
  S 73-b. Misdemeanors. Every person convicted of a misdemeanor pursuant
to any of the provisions of this chapter for which  another  penalty  is
not  provided shall for a first conviction thereof be punished by a fine
of not less than two hundred fifty nor more than five hundred dollars or
by a period of imprisonment of not more than thirty days or by both such
fine and imprisonment; for a conviction of a second violation,  both  of
which  were committed within a period of twenty-four months, such person
shall be punished by a fine of not less than five hundred nor more  than
one  thousand five hundred dollars or by a period of imprisonment of not
more than sixty days or by both  such  fine  and  imprisonment;  upon  a
conviction of a third or subsequent violation, all of which were commit-
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

by  a  fine of not less than one thousand five hundred nor more than two
thousand five hundred dollars or by a period of imprisonment of not more
than one hundred twenty days or by both such fine and imprisonment.  ALL
FINES  COLLECTED  PURSUANT  TO  THIS  SECTION ARE TO BE DEPOSITED IN THE
BOATING  SAFETY  EDUCATION  FUND   ESTABLISHED   PURSUANT   TO   SECTION
NINETY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
  S  3.  Section  73-c  of the navigation law is amended by adding a new
subdivision 3 to read as follows:
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN
THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
TY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
  S  4.  Section  78-a of the navigation law, as added by chapter 160 of
the laws of 1990 and as further amended by section  104  of  part  A  of
chapter 62 of the laws of 2011, is amended to read as follows:
  S 78-a. Insurance  rate  reduction. (A) Any insurance carrier licensed
to issue yacht or boating liability insurance in this state  is  author-
ized  to  grant  rate  reductions with the approval of the department of
financial services to any owner of a yacht or boat who has  successfully
completed  a  boating safety course or holds a valid United States Coast
Guard operators license.
  (B) ANY INSURANCE CARRIER LICENSED TO ISSUE YACHT OR BOATING LIABILITY
INSURANCE IN THIS STATE IS AUTHORIZED TO GRANT RATE REDUCTIONS WITH  THE
APPROVAL  OF  THE  DEPARTMENT OF FINANCIAL SERVICES TO ANY YACHT OR BOAT
THAT IS EQUIPPED WITH A HIGH WATER BILGE ALARM.
  S 5. The state finance law is amended by adding a new section  97-qqqq
to read as follows:
  S  97-QQQQ.  BOATING  SAFETY EDUCATION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE  "BOATING
SAFETY EDUCATION FUND".
  2.  THE  FUND  SHALL  CONSIST  OF  THE  FOLLOWING  REVENUE:  (I) FINES
COLLECTED PURSUANT TO SECTION SEVENTY-THREE-B  OF  THE  NAVIGATION  LAW;
(II)  FINES COLLECTED PURSUANT TO SECTION SEVENTY-THREE-C OF THE NAVIGA-
TION LAW; (III)  BEGINNING  JULY  FIRST,  TWO  THOUSAND  SIXTEEN,  FIFTY
PERCENT  FROM EACH VESSEL REGISTRATION OR REREGISTRATION FEE PAID PURSU-
ANT TO SUBDIVISION THREE OF SECTION TWO THOUSAND TWO  HUNDRED  FIFTY-ONE
OF  THE  VEHICLE  AND  TRAFFIC LAW; AND (IV) FINES COLLECTED PURSUANT TO
SECTION TWO THOUSAND TWO HUNDRED FIFTY-SIX OF THE  VEHICLE  AND  TRAFFIC
LAW.
  3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE MADE AVAILABLE TO  THE  DEPARTMENT  OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION ONLY FOR THE ADMINISTRATION AND IMPLEMENTATION OF
THE BOATING SAFETY EDUCATION PROGRAM  ESTABLISHED  PURSUANT  TO  SECTION
SEVENTY-FIVE OF THE NAVIGATION LAW AND BOATING LAW ENFORCEMENT CONDUCTED
BY  THE  STATE OR MUNICIPALITIES. NO MORE THAN TEN PERCENT OF THE ANNUAL
RECEIPTS OF THE FUND MAY BE USED FOR ADMINISTRATIVE AND PERSONNEL  COSTS
OF  THE  DEPARTMENT  NEEDED  TO  IMPLEMENT  AND  ADMINISTER THE PROGRAM.
REMAINING MONEYS OF THE FUND SHALL BE USED FOR  THE  ADMINISTRATIVE  AND
OPERATING  EXPENSES  OF THE BOATING SAFETY EDUCATION COURSES OF INSTRUC-
TION PROVIDED PURSUANT TO SECTION SEVENTY-NINE OF THE NAVIGATION LAW.
  4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF  PARKS,  RECREATION, AND HISTORIC PRESERVATION, INCLUDING ADVANCES OF
FUNDS PURSUANT TO A CONTRACT TO A BOATING SAFETY  EDUCATION  COURSES  OF
INSTRUCTION  ORGANIZATION.  AT THE END OF EACH YEAR ANY MONEYS REMAINING
IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT  REVERT  TO  THE

S. 4977                             3

GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER
DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
  S  6. Subdivision 3 of section 2251 of the vehicle and traffic law, as
amended by section 5 of part G of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Fees.  The  triennial  fee  for registration of a vessel shall be:
twenty-two dollars and fifty cents  and  a  vessel  surcharge  of  three
dollars  and  seventy-five  cents,  if less than sixteen feet in length;
forty-five dollars and a vessel surcharge of twelve  dollars  and  fifty
cents,  if sixteen feet or over but less than twenty-six feet in length;
seventy-five dollars and a vessel  surcharge  of  eighteen  dollars  and
seventy-five  cents,  if twenty-six feet or over. All funds derived from
the collection of the vessel access surcharge pursuant to this  subdivi-
sion  are  to  be deposited in a subaccount of the "I love NY waterways"
vessel access account established pursuant to section ninety-seven-nn of
the state finance law. The vessel access surcharge shall not be  consid-
ered  a  registration  fee for purposes of section seventy-nine-b of the
navigation law.
Notwithstanding any inconsistent provision of this section, the  differ-
ence  collected between the fees set forth in this subdivision in effect
on and after September first, two thousand nine and the fees  set  forth
in  this subdivision prior to such date shall be deposited to the credit
of the dedicated highway and  bridge  trust  fund.  Notwithstanding  any
inconsistent provision of this section, the difference collected between
the  vessel  surcharge  set  forth  in this subdivision in effect on and
after September first, two thousand nine and the  vessel  surcharge  set
forth in this subdivision in effect prior to such date shall be deposit-
ed to the credit of the dedicated highway and bridge trust fund.
  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS SECTION, FIFTY
PERCENT OF THE AMOUNT COLLECTED FROM THE REGISTRATION FEE ON  AND  AFTER
JULY FIRST, TWO THOUSAND FIFTEEN SHALL BE DEPOSITED TO THE CREDIT OF THE
BOATING   SAFETY   EDUCATION   FUND   ESTABLISHED  PURSUANT  TO  SECTION
NINETY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
  S 7. Section 2256 of the vehicle and traffic law is amended by  adding
a new subdivision 3 to read as follows:
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN
THE  BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-SEVEN-QQQQ OF THE STATE FINANCE LAW.
  S 8. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.