S T A T E   O F   N E W   Y O R K
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                                   9241
 
                             I N  S E N A T E
 
                                May 7, 2024
                                ___________
 
 Introduced by Sen. SERRANO -- (at request of the Governor) -- 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, in relation to duty to inspect
   vessels operated on non-navigable underground waters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section 13 of the navigation law, as amended by chapter
 843 of the laws of 1980, is amended to read as follows:
   § 13. Inspector; duties. The inspector shall  annually,  and  at  such
 other times as [he] THEY shall deem it expedient, or as the commissioner
 may  direct,  inspect every public vessel, except vessels which navigate
 on waters over which the United States exercises active  control.    THE
 INSPECTOR  SHALL  ALSO  ANNUALLY,  AND AT SUCH OTHER TIMES THE INSPECTOR
 DEEMS EXPEDIENT OR AS THE COMMISSIONER MAY DIRECT,  INSPECT  ANY  VESSEL
 OPERATED ON PRIVATELY OR PUBLICLY OWNED UNDERGROUND NON-NAVIGABLE WATER-
 WAYS WITH NO NAVIGABLE INLET OR OUTLET THAT CARRY PASSENGERS FOR COMPEN-
 SATION,  EITHER RECEIVED DIRECTLY OR WHERE PROVIDED AS AN ACCOMMODATION,
 ADVANTAGE, FACILITY OR PRIVILEGE AT ANY PLACE OF  PUBLIC  ACCOMMODATION,
 RESORT OR AMUSEMENT. The inspector shall carefully examine the hull, the
 propelling  and  auxiliary  machinery,  the electrical apparatus and the
 vessel's equipment. [He] THEY shall require such  changes,  repairs  and
 improvements  to  be  made  as  [he  may  deem] DEEMED expedient for the
 contemplated route. No vessel, or propelling machinery thereof shall  be
 allowed  to  be  used  if constructed in whole, or in part, of defective
 material, or which because of its form, design, workmanship, age, use or
 for any other reason is unsafe. [He] THE INSPECTOR shall  also  fix  the
 number  of  passengers  that  may  be  transported.  The inspector shall
 require that the boilers, on all public vessels which are  propelled  by
 steam  engines,  be  inspected  and approved for safety of operations by
 inspectors of the New York State Department of Labor, Bureau of Boilers.
 Every boiler and appurtenances thereof shall be constructed,  maintained
 and  operated in accordance with the Department of Labor rules and regu-
 lations pertaining to boilers.  The inspector shall also,  whenever  [he

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

                                                            LBD12026-01-4
 S. 9241                             2

 deems]  THEY  DEEM  it  expedient,  visit any vessel licensed under this
 chapter and examine into [her] ITS condition for the purpose  of  ascer-
 taining  whether  or  not  any  party  thereon, having a certificate, or
 license,  from the inspector, has conformed to and obeyed the conditions
 of such certificate, and the provisions of this  chapter.    The  owner,
 master,  pilot,  engineer  or  joint  pilot and engineer of such vessel,
 shall answer all reasonable questions and give all  the  information  in
 [his  or]  their  power  in  regard  to said vessel, or its machinery or
 equipment and the manner of managing the same.  The  inspector  provided
 for  in this chapter is authorized to make further rules and regulations
 applying generally to all vessels, or especially to one or more of them.
 [In framing rules for  the  government  of  managers  and  employees  on
 vessels, the] THE inspector shall, as far as practicable, be governed by
 the  general rules and regulations prescribed by the United States coast
 guard.  [The inspector shall have the power to issue a  uniform  naviga-
 tion  summons and/or complaint for violations of the provisions of arti-
 cle four of this chapter which are applicable to vessels.] TO THE EXTENT
 APPLICABLE AS DETERMINED BY THE INSPECTOR EXERCISING THEIR DUTIES  UNDER
 THIS  SECTION,  PART  TWO OF ARTICLE FOUR OF THIS CHAPTER SHALL APPLY TO
 VESSELS OPERATED ON PRIVATELY OR PUBLICLY OWNED UNDERGROUND  NON-NAVIGA-
 BLE  WATERWAYS  WITH  NO NAVIGABLE INLET OR OUTLET THAT CARRY PASSENGERS
 FOR COMPENSATION, EITHER RECEIVED  DIRECTLY  OR  WHERE  PROVIDED  AS  AN
 ACCOMMODATION,  ADVANTAGE,  FACILITY OR PRIVILEGE AT ANY PLACE OF PUBLIC
 ACCOMMODATION, RESORT OR AMUSEMENT.
   § 2. The navigation law is amended by adding a  new  section  49-d  to
 read as follows:
   § 49-D. APPLICATION. SECTIONS FORTY-SEVEN, FORTY-SEVEN-B, FORTY-EIGHT,
 FORTY-NINE-A  AND FORTY-NINE-B OF THIS CHAPTER SHALL APPLY TO ANY VESSEL
 OPERATED ON PRIVATELY OR PUBLICLY OWNED UNDERGROUND NON-NAVIGABLE WATER-
 WAYS WITH NO NAVIGABLE INLET OR OUTLET THAT CARRY PASSENGERS FOR COMPEN-
 SATION, EITHER RECEIVED DIRECTLY OR WHERE PROVIDED AS AN  ACCOMMODATION,
 ADVANTAGE,  FACILITY  OR PRIVILEGE AT ANY PLACE OF PUBLIC ACCOMMODATION,
 RESORT OR AMUSEMENT.
   § 3. The navigation law is amended by adding a  new  section  63-a  to
 read as follows:
   § 63-A. SUSPENSION OF CERTIFICATE OF INSPECTION; PENALTY FOR OPERATING
 A  VESSEL  WITHOUT A CERTIFICATE OF INSPECTION OR DURING SUSPENSION. THE
 INSPECTOR MAY SUSPEND A CERTIFICATE OF INSPECTION ISSUED PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE UPON SATISFACTORY PROOF THAT OPERATION OF THE
 VESSEL POSES A RISK TO PUBLIC SAFETY. PRIOR TO  SUSPENDING  THE  CERTIF-
 ICATE  OF  INSPECTION,  THE  INSPECTOR  SHALL GIVE WRITTEN NOTICE OF THE
 DEFECTS TO THE OWNER AND DESCRIBE HOW  THOSE  DEFECTS  POSE  A  RISK  TO
 PUBLIC  SAFETY.  THE INSPECTOR MAY SUSPEND THE CERTIFICATE OF INSPECTION
 UNTIL SUCH TIME AS THE INSPECTOR IS  SATISFIED  THAT  OPERATION  OF  THE
 VESSEL  DOES  NOT POSE A RISK TO PUBLIC SAFETY. AN OWNER WHO PERMITS THE
 OPERATION OF A VESSEL  WHICH  HAS  NOT  BEEN  ISSUED  A  CERTIFICATE  OF
 INSPECTION  OR  WHOSE CERTIFICATE OF INSPECTION HAS BEEN SUSPENDED SHALL
 BE GUILTY OF A MISDEMEANOR PUNISHABLE AS SET FORTH IN  SECTION  SEVENTY-
 THREE-B  OF  THIS ARTICLE FOR EACH DAY OF OPERATION OF THE VESSEL WITH A
 SUSPENDED CERTIFICATE OF INSPECTION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.