Bill Text: NY A10465 | 2015-2016 | General Assembly | Introduced

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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 (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-27 - referred to transportation [A10465 Detail]

Download: New_York-2015-A10465-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10465
                   IN ASSEMBLY
                                      May 27, 2016
                                       ___________
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Transportation
        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    §  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    § 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
    22  by  a  fine of not less than one thousand five hundred nor more than two
    23  thousand five hundred dollars or by a period of imprisonment of not more
    24  than one hundred twenty days or by both such fine and imprisonment.  All
    25  fines  collected  pursuant  to  this  section are to be deposited in the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10128-02-5
        A. 10465                            2
     1  boating safety education fund established pursuant  to  section  ninety-
     2  seven-qqqq of the state finance law.
     3    §  3.  Section  73-c  of the navigation law is amended by adding a new
     4  subdivision 3 to read as follows:
     5    3. All fines collected pursuant to this section are to be deposited in
     6  the boating safety education fund established pursuant to section  nine-
     7  ty-seven-qqqq of the state finance law.
     8    §  4.  Section  78-a of the navigation law, as added by chapter 160 of
     9  the laws of 1990 and as further amended by section  104  of  part  A  of
    10  chapter 62 of the laws of 2011, is amended to read as follows:
    11    § 78-a. Insurance  rate  reduction. (a) Any insurance carrier licensed
    12  to issue yacht or boating liability insurance in this state  is  author-
    13  ized  to  grant  rate  reductions with the approval of the department of
    14  financial services to any owner of a yacht or boat who has  successfully
    15  completed  a  boating safety course or holds a valid United States Coast
    16  Guard operators license.
    17    (b) Any insurance carrier licensed to issue yacht or boating liability
    18  insurance in this state is authorized to grant rate reductions with  the
    19  approval  of  the  department of financial services to any yacht or boat
    20  that is equipped with a high water bilge alarm.
    21    § 5. The state finance law is amended by adding a new section  97-qqqq
    22  to read as follows:
    23    §  97-qqqq.  Boating  safety education fund. 1. There is hereby estab-
    24  lished in the joint custody of the state comptroller and the commission-
    25  er of taxation and finance a special fund to be known  as  the  "boating
    26  safety education fund".
    27    2.  The  fund  shall  consist  of  the  following  revenue:  (i) fines
    28  collected pursuant to section seventy-three-b  of  the  navigation  law;
    29  (ii)  fines collected pursuant to section seventy-three-c of the naviga-
    30  tion law; (iii)  beginning  July  first,  two  thousand  sixteen,  fifty
    31  percent  from each vessel registration or reregistration fee paid pursu-
    32  ant to subdivision three of section two thousand two  hundred  fifty-one
    33  of  the  vehicle  and  traffic law; and (iv) fines collected pursuant to
    34  section two thousand two hundred fifty-six of the  vehicle  and  traffic
    35  law.
    36    3.  Moneys  of  the  fund, following appropriation by the legislature,
    37  shall be made available to  the  department  of  parks,  recreation  and
    38  historic  preservation only for the administration and implementation of
    39  the boating safety education program  established  pursuant  to  section
    40  seventy-five of the navigation law and boating law enforcement conducted
    41  by  the  state or municipalities. No more than ten percent of the annual
    42  receipts of the fund may be used for administrative and personnel  costs
    43  of  the  department  needed  to  implement  and  administer the program.
    44  Remaining moneys of the fund shall be used for  the  administrative  and
    45  operating  expenses  of the boating safety education courses of instruc-
    46  tion provided pursuant to section seventy-nine of the navigation law.
    47    4. The moneys of the fund shall be paid out on the audit  and  warrant
    48  of the comptroller on vouchers certified or approved by the commissioner
    49  of  parks,  recreation, and historic preservation, including advances of
    50  funds pursuant to a contract to a boating safety  education  courses  of
    51  instruction  organization.  At the end of each year any moneys remaining
    52  in the fund shall be retained in the fund and shall not  revert  to  the
    53  general fund. The interest and income earned on money in the fund, after
    54  deducting any applicable charges, shall be credited to the fund.
        A. 10465                            3
     1    §  6. Subdivision 3 of section 2251 of the vehicle and traffic law, as
     2  amended by section 5 of part G of chapter 59 of the  laws  of  2009,  is
     3  amended to read as follows:
     4    3.  Fees.  The  triennial  fee  for registration of a vessel shall be:
     5  twenty-two dollars and fifty cents  and  a  vessel  surcharge  of  three
     6  dollars  and  seventy-five  cents,  if less than sixteen feet in length;
     7  forty-five dollars and a vessel surcharge of twelve  dollars  and  fifty
     8  cents,  if sixteen feet or over but less than twenty-six feet in length;
     9  seventy-five dollars and a vessel  surcharge  of  eighteen  dollars  and
    10  seventy-five  cents,  if twenty-six feet or over. All funds derived from
    11  the collection of the vessel access surcharge pursuant to this  subdivi-
    12  sion  are  to  be deposited in a subaccount of the "I love NY waterways"
    13  vessel access account established pursuant to section ninety-seven-nn of
    14  the state finance law. The vessel access surcharge shall not be  consid-
    15  ered  a  registration  fee for purposes of section seventy-nine-b of the
    16  navigation law.
    17  Notwithstanding any inconsistent provision of this section, the  differ-
    18  ence  collected between the fees set forth in this subdivision in effect
    19  on and after September first, two thousand nine and the fees  set  forth
    20  in  this subdivision prior to such date shall be deposited to the credit
    21  of the dedicated highway and  bridge  trust  fund.  Notwithstanding  any
    22  inconsistent provision of this section, the difference collected between
    23  the  vessel  surcharge  set  forth  in this subdivision in effect on and
    24  after September first, two thousand nine and the  vessel  surcharge  set
    25  forth in this subdivision in effect prior to such date shall be deposit-
    26  ed to the credit of the dedicated highway and bridge trust fund.
    27    Notwithstanding  any  inconsistent  provision  of  this section, fifty
    28  percent of the amount collected from the registration fee on  and  after
    29  July first, two thousand fifteen shall be deposited to the credit of the
    30  boating  safety  education  fund established pursuant to section ninety-
    31  seven-qqqq of the state finance law.
    32    § 7. Section 2256 of the vehicle and traffic law is amended by  adding
    33  a new subdivision 3 to read as follows:
    34    3. All fines collected pursuant to this section are to be deposited in
    35  the  boating safety education fund established pursuant to section nine-
    36  ty-seven-qqqq of the state finance law.
    37    § 8. This act shall take effect on the first of January next  succeed-
    38  ing the date on which it shall have become a law.