Bill Text: NY S08352 | 2009-2010 | General Assembly | Introduced

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Bill Title: Amends the Greenwood Lake Protection Act by eliminating dock fees; provides that the local municipality establish and enforce a penalty for boat permit violations on Greenwood Lake.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-06-25 - REFERRED TO RULES [S08352 Detail]

Download: New_York-2009-S08352-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8352
                                   I N  S E N A T E
                                     June 25, 2010
                                      ___________
       Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the Greenwood Lake Protection Act, in relation to elimi-
         nating dock fees and establishing a penalty for boat permit violations
         on Greenwood Lake
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  g  of section 5 of chapter 47 of the laws of
    2  2002, constituting the Greenwood Lake Protection Act, as added by  chap-
    3  ter 577 of the laws of 2006, is amended to read as follows:
    4    g. Collect fees in accordance with the following provisions:  (1) [The
    5  owner of a dock, wharf or mooring on Greenwood Lake used for non-commer-
    6  cial  residential  purposes shall pay an annual fee of $37.50. The owner
    7  of a dock or wharf on Greenwood Lake used for commercial purposes  shall
    8  pay an annual fee of $3.75 per linear foot for each such dock. The owner
    9  of  a  mooring  used  for commercial purposes shall pay an annual fee of
   10  $75.00 for each mooring. New docks constructed for commercial use  after
   11  the effective date of this paragraph shall pay a first time fee of $7.50
   12  per linear foot and $3.75 per linear foot annually thereafter.
   13    (2)]  In  addition  to  the  registration  required  by the state, any
   14  mechanically propelled boat or vessel with ten horsepower or  more  [and
   15  any  non-mechanically  propelled boat or vessel eighteen feet or more in
   16  length] used on Greenwood Lake shall have an annual permit issued by the
   17  Greenwood Lake commission. The fee therefor for  boats  twenty  feet  or
   18  less  in length overall shall be $30.00; for boats twenty-one to twenty-
   19  five feet in length overall, $37.50; and for boats over twenty-five feet
   20  in length overall, $37.50 and $7.50 for each foot by  which  the  length
   21  overall  exceeds  twenty-five  feet;  for boats over twenty-five feet in
   22  length overall outfitted for overnight use, $37.50 and $30.00  for  each
   23  foot by which the overall length exceeds twenty-five feet. The Greenwood
   24  Lake  commission  may  establish  a  one week use permit for $11.25. The
   25  Greenwood Lake commission may establish a one day use permit  for  $7.50
   26  for  any  mechanically  propelled  boat  or  vessel [or non-mechanically
   27  propelled boat or vessel] subject to the annual fee.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17349-05-0
       S. 8352                             2
    1    [(3)] (2) The Greenwood Lake commission may charge a fee to an  appli-
    2  cant  for  a  permit in order to recover the costs incurred in reviewing
    3  and acting upon an application for such permit.
    4    [(4)  All] (3) UNLESS OTHERWISE INDICATED, ALL fees collected pursuant
    5  to this section shall be deposited to the credit of the  Greenwood  Lake
    6  protection  fund  pursuant  to  section  ninety-seven-ffff  of the state
    7  finance law.
    8    (4) ANY PERSON WHO OPERATES A BOAT OR VESSEL ON GREENWOOD LAKE WITHOUT
    9  A PERMIT, PURSUANT TO THIS SUBDIVISION, SHALL BE  LIABLE  TO  A  SUMMONS
   10  ISSUED FROM THE NEW YORK STATE POLICE, THE NEW YORK STATE PARK POLICE, A
   11  STATE CONSERVATION OFFICER, OR A SWORN NEW YORK LAW ENFORCEMENT OFFICER,
   12  AND  SHALL  BE  SUBJECT TO A CIVIL PENALTY THAT SHALL BE ESTABLISHED AND
   13  ENFORCED BY THE GOVERNING BODY OF THE LOCAL MUNICIPALITY.
   14    S 2. This act shall take effect upon enactment into law by  the  state
   15  of  New  Jersey  of legislation having substantially similar effect with
   16  this act, but if the state of New Jersey shall have already enacted such
   17  legislation, this act shall take effect immediately; provided  that  the
   18  amendments  to  subdivision  g of section 5 of chapter 47 of the laws of
   19  2002, constituting the Greenwood Lake Protection Act made by section one
   20  of this act shall not affect the repeal of such subdivision and shall be
   21  deemed repealed therewith; provided  further  that  the  Greenwood  Lake
   22  Commission  shall  notify  the legislative bill drafting commission upon
   23  the occurrence of the enactment of the legislation provided for in  this
   24  act  in order that the legislative bill drafting commission may maintain
   25  an accurate and timely effective data base of the official text  of  the
   26  laws of the state of New York in furtherance of effecting the provisions
   27  of  section  44  of  the  legislative law and section 70-b of the public
   28  officers law.