Bill Text: NY S09241 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that the inspector shall at least annually inspect any vessel operated on privately or publicly owned underground non-navigable waterways with no navigable inlet or outlet that carry passengers for compensation; makes technical corrections; makes related provisions.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-05-16 - ADVANCED TO THIRD READING [S09241 Detail]

Download: New_York-2023-S09241-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9241

                    IN SENATE

                                       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:

     1    Section  1.    Section 13 of the navigation law, as amended by chapter
     2  843 of the laws of 1980, is amended to read as follows:
     3    § 13. Inspector; duties. The inspector shall  annually,  and  at  such
     4  other times as [he] they shall deem it expedient, or as the commissioner
     5  may  direct,  inspect every public vessel, except vessels which navigate
     6  on waters over which the United States exercises active  control.    The
     7  inspector  shall  also  annually,  and at such other times the inspector
     8  deems expedient or as the commissioner may direct,  inspect  any  vessel
     9  operated on privately or publicly owned underground non-navigable water-
    10  ways with no navigable inlet or outlet that carry passengers for compen-
    11  sation,  either received directly or where provided as an accommodation,
    12  advantage, facility or privilege at any place of  public  accommodation,
    13  resort or amusement. The inspector shall carefully examine the hull, the
    14  propelling  and  auxiliary  machinery,  the electrical apparatus and the
    15  vessel's equipment. [He] They shall require such  changes,  repairs  and
    16  improvements  to  be  made  as  [he  may  deem] deemed expedient for the
    17  contemplated route. No vessel, or propelling machinery thereof shall  be
    18  allowed  to  be  used  if constructed in whole, or in part, of defective
    19  material, or which because of its form, design, workmanship, age, use or
    20  for any other reason is unsafe. [He] The inspector shall  also  fix  the
    21  number  of  passengers  that  may  be  transported.  The inspector shall
    22  require that the boilers, on all public vessels which are  propelled  by
    23  steam  engines,  be  inspected  and approved for safety of operations by
    24  inspectors of the New York State Department of Labor, Bureau of Boilers.
    25  Every boiler and appurtenances thereof shall be constructed,  maintained
    26  and  operated in accordance with the Department of Labor rules and regu-
    27  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

     1  deems]  they  deem  it  expedient,  visit any vessel licensed under this
     2  chapter and examine into [her] its condition for the purpose  of  ascer-
     3  taining  whether  or  not  any  party  thereon, having a certificate, or
     4  license,  from the inspector, has conformed to and obeyed the conditions
     5  of such certificate, and the provisions of this  chapter.    The  owner,
     6  master,  pilot,  engineer  or  joint  pilot and engineer of such vessel,
     7  shall answer all reasonable questions and give all  the  information  in
     8  [his  or]  their  power  in  regard  to said vessel, or its machinery or
     9  equipment and the manner of managing the same.  The  inspector  provided
    10  for  in this chapter is authorized to make further rules and regulations
    11  applying generally to all vessels, or especially to one or more of them.
    12  [In framing rules for  the  government  of  managers  and  employees  on
    13  vessels, the] The inspector shall, as far as practicable, be governed by
    14  the  general rules and regulations prescribed by the United States coast
    15  guard.  [The inspector shall have the power to issue a  uniform  naviga-
    16  tion  summons and/or complaint for violations of the provisions of arti-
    17  cle four of this chapter which are applicable to vessels.] To the extent
    18  applicable as determined by the inspector exercising their duties  under
    19  this  section,  part  two of article four of this chapter shall apply to
    20  vessels operated on privately or publicly owned underground  non-naviga-
    21  ble  waterways  with  no navigable inlet or outlet that carry passengers
    22  for compensation, either received  directly  or  where  provided  as  an
    23  accommodation,  advantage,  facility or privilege at any place of public
    24  accommodation, resort or amusement.
    25    § 2. The navigation law is amended by adding a  new  section  49-d  to
    26  read as follows:
    27    § 49-d. Application. Sections forty-seven, forty-seven-b, forty-eight,
    28  forty-nine-a  and forty-nine-b of this chapter shall apply to any vessel
    29  operated on privately or publicly owned underground non-navigable water-
    30  ways with no navigable inlet or outlet that carry passengers for compen-
    31  sation, either received directly or where provided as an  accommodation,
    32  advantage,  facility  or privilege at any place of public accommodation,
    33  resort or amusement.
    34    § 3. The navigation law is amended by adding a  new  section  63-a  to
    35  read as follows:
    36    § 63-a. Suspension of certificate of inspection; penalty for operating
    37  a  vessel  without a certificate of inspection or during suspension. The
    38  inspector may suspend a certificate of inspection issued pursuant to the
    39  provisions of this article upon satisfactory proof that operation of the
    40  vessel poses a risk to public safety. Prior to  suspending  the  certif-
    41  icate  of  inspection,  the  inspector  shall give written notice of the
    42  defects to the owner and describe how  those  defects  pose  a  risk  to
    43  public  safety.  The inspector may suspend the certificate of inspection
    44  until such time as the inspector is  satisfied  that  operation  of  the
    45  vessel  does  not pose a risk to public safety. An owner who permits the
    46  operation of a vessel  which  has  not  been  issued  a  certificate  of
    47  inspection  or  whose certificate of inspection has been suspended shall
    48  be guilty of a misdemeanor punishable as set forth in  section  seventy-
    49  three-b  of  this article for each day of operation of the vessel with a
    50  suspended certificate of inspection.
    51    § 4. This act shall take effect on the ninetieth day  after  it  shall
    52  have become a law.