S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2863--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 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  --  recommitted  to the Committee on
   Cultural Affairs, Tourism, Parks and  Recreation  in  accordance  with
   Senate  Rule  6,  sec. 8 -- reported favorably from said committee and
   committed to the Committee on Finance --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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
 EIGHTEEN  WHICH  HAVE  A  BILGE,  SHALL  HAVE  A  BILGE HIGH WATER ALARM
 INSTALLED.
   § 2. Section 73-b of the navigation law, as amended by chapter 320  of
 the laws of 2007, is amended to read as follows:
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05018-03-8

 S. 2863--A                          2
 
 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
 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-RRRR OF THE STATE FINANCE LAW.
   §  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-RRRR OF THE STATE FINANCE LAW.
   §  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:
   § 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.
   § 5. The state finance law is amended by adding a new section  97-rrrr
 to read as follows:
   §  97-RRRR.  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  NINETEEN,  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.

 S. 2863--A                          3
 
   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
 GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER
 DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
   §  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 EIGHTEEN SHALL BE DEPOSITED TO THE CREDIT OF
 THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
 TY-SEVEN-RRRR OF THE STATE FINANCE LAW.
   §  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-RRRR OF THE STATE FINANCE LAW.
   §  8. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.