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BILL NUMBER:S283

TITLE OF BILL: An act to amend the vehicle and traffic law and the navigation law, in relation  to  suspension  of  vessel  operation  privileges  and motor vehicle licenses for  the  operation  of  a  vessel  while  under  the influence of alcohol or drugs

PURPOSE: Currently,  Boating  While  Intoxicated  (BWI),  Boating While Ability Impaired (BWAI), Driving While Intoxicated  (DWI)  and  Driving  While Ability  Impaired (DWAI) offenses are punished with sentencing options limited to  the  activity  being  conducted,  such  as  suspension  or limitation of driving privileges only for a DWI or DUI conviction.

The  purpose  of  this  legislation  is to prohibit the operation of a motor vehicle after being convicted of a BWAI or BWI and,  conversely, prohibit  the  operation of a boat when convicted of DWAI or DWI.  The bill also provides for the suspension of the driver's license, as well as the option of suspending the registration of both their  vehicle(s) and vessel(s).

SUMMARY OF PROVISIONS: Section  1193 of the Vehicle and Traffic Law is amended by naming this measure "the Guy Kyler Act." It  is  also  amended  by  adding  a  new subdivision  which  suspends  a person's privilege to operate a vessel when convicted of DWAI or DWI.  Section 49-a of the Navigation Law  is also  amended to establish the length of time the privilege to operate a vessel can be suspended based on alcohol-related Vehicle and Traffic Law convictions. A registration can be suspended for up  to  one  year when one is convicted of DWAI or DWI.  Subdivision 3-a of section 49-a of  the  Navigation  Law  also  states  that  a person's motor vehicle license shall be suspended upon conviction of BUI or BWI violations of the Navigation Law.

JUSTIFICATION: Nationwide, the number of laws cracking down on drunk  boat  operators have  increased  as  boating, jet skiing and other water sports become more popular.  States like Massachusetts, New Jersey and New Hampshire have enacted similar legislation and have seen a definite decrease  in BWI  and  DWI incidents.   New Jersey implemented such a law two years ago and has already experienced a 25 percent drop in BWI arrests.    A number  of  BWI  incidents  have  occurred in New York State while the operators' motor vehicle license had been suspended  on  DWI  charges. This legislation will help to put an end to these incidents by sending a strong warning to boaters and drivers that drinking and driving will not  be  tolerated  on  New  York's  highways and waters.   The recent campaigns that warn of the dangers of DWI  have  proven  effective  in reducing  the number of those killed or injured because of DWI. People have become aware of the fact that this behavior is dangerous and will not be tolerated. This bill does not intend to affect  the  livelihood of  those  who  depend  on their vessels and automobiles as sources of income.  It is simply hoped that this bill will make  people  just  as aware  of  the  dangers  and ramifications of drinking and operating a boat.

 PRIOR LEGISLATIVE HISTORY: S.1398 of 2009/2010; Referred to Senate Transportation S.108/A.2254   of  2007/2008,  Passed  Assembly,  Referred  to  Senate Transportation Committee S.2280/A.3313  of  2005/2006,  Passed  Assembly,  Referred  to  Senate Transportation Committee S.563/A.1596 of 2003/2004, Passed Assembly A.2637/S.1632 of 2001-2002, Passed Assembly A.1204/S.1516 of 1999-2000, Passed Assembly A.5285-A/S.3573-B of 1997-1998, Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This  act  shall  take effect on the first of November next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

283

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sens.  MAZIARZ,  ALESI,  BONACIC, DeFRANCISCO, FLANAGAN,
  FUSCHILLO -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Transportation

AN  ACT  to amend the vehicle and traffic law and the navigation law, in
  relation to suspension of vessel operation privileges and motor  vehi-
  cle  licenses  for the operation of a vessel while under the influence
  of alcohol or drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Guy Kyler Act".
  S 2. Section 1193 of the vehicle and traffic law is amended by  adding
a new subdivision 3 to read as follows:
  3.  SUSPENSION  OF  PRIVILEGE  TO OPERATE A VESSEL. IN ADDITION TO ANY
OTHER SANCTION IMPOSED PURSUANT TO THIS SECTION, A PERSON'S PRIVILEGE TO
OPERATE A VESSEL SHALL BE SUSPENDED, AND A VESSEL  REGISTRATION  MAY  BE
SUSPENDED,   FOLLOWING   A   CONVICTION  UNDER  SECTION  ELEVEN  HUNDRED
NINETY-TWO OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARA-
GRAPHS FOUR, FIVE AND SIX OF  PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF
SECTION FORTY-NINE-A OF THE NAVIGATION LAW.
  S  3. Paragraph (a) of subdivision 3 of section 49-a of the navigation
law, as added by chapter 805 of the laws  of  1992,  subparagraph  1  as
amended  by  chapter  599  of  the  laws  of 2008, is amended to read as
follows:
  (a) The court shall suspend a person's privilege to operate  a  vessel
and may suspend a vessel registration for:
  (1)  a  period  of  at  least six but less than twelve months where an
operator is convicted of a violation of paragraph (a) of subdivision two
of this section. In determining the length of such suspension or suspen-
sions, the court may take into  consideration  the  seriousness  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01584-01-1
S. 283                              2

offense  and  may  impose a period of suspension whereby such suspension
may be in effect during a portion of the current or  subsequent  boating
season;
  (2)  a  period  of  twelve  months where an operator is convicted of a
violation of paragraph (b), (c), (d) or (e) of subdivision two  of  this
section;
  (3)  a  period  of twenty-four months where a person is convicted of a
violation of paragraph (b), (c), (d) or (e) of subdivision two  of  this
section  after  having  been  convicted of a violation of paragraph (b),
(c), (d) or (e) of subdivision two of this section  or  of  operating  a
vessel  or  public  vessel  while  intoxicated or under the influence of
drugs within the preceding ten years[.];
  (4) A PERIOD OF NINETY DAYS, WHERE  SUCH  PERSON  IS  CONVICTED  OF  A
VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
VEHICLE  AND TRAFFIC LAW.  WHERE THE COURT DETERMINES THAT THE PERIOD OF
SUSPENSION IMPOSED PURSUANT TO THIS SUBPARAGRAPH WOULD EXTEND BEYOND THE
CURRENT BOATING SEASON, THE COURT MAY DIRECT THAT ANY  PORTION  OF  SUCH
SUSPENSION PERIOD TAKE EFFECT DURING THE FOLLOWING BOATING SEASON;
  (5)  A  PERIOD  OF  SIX  MONTHS,  WHERE  SUCH PERSON IS CONVICTED OF A
VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR  FOUR-A  OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO  OF  THE VEHICLE AND TRAFFIC LAW.  WHERE THE
COURT DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO  THIS
SUBPARAGRAPH  WOULD  EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT
MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION PERIOD TAKE EFFECT DURING
THE FOLLOWING BOATING SEASON; OR
  (6) A PERIOD OF  ONE  YEAR,  WHERE  SUCH  PERSON  IS  CONVICTED  OF  A
VIOLATION  OF  SUBDIVISION  TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW COMMITTED WITH-
IN TEN YEARS OF A CONVICTION FOR A VIOLATION OF SUBDIVISION TWO,  TWO-A,
THREE,  FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHI-
CLE AND TRAFFIC LAW.   WHERE THE COURT DETERMINES  THAT  THE  PERIOD  OF
SUSPENSION IMPOSED PURSUANT TO THIS SUBPARAGRAPH WOULD EXTEND BEYOND THE
CURRENT  BOATING  SEASON,  THE COURT MAY DIRECT THAT ANY PORTION OF SUCH
SUSPENSION PERIOD TAKE EFFECT DURING THE FOLLOWING BOATING SEASON.
  S 4. Section 49-a of the navigation law is amended  by  adding  a  new
subdivision 3-a to read as follows:
  3-A.  ADDITIONAL  SANCTIONS;  SUSPENSION  OF  MOTOR  VEHICLE  DRIVER'S
LICENSE AND MOTOR VEHICLE REGISTRATION. IN ADDITION TO ANY  OTHER  SANC-
TION  IMPOSED PURSUANT TO THIS SECTION, A COURT MAY SUSPEND A LICENSE TO
DRIVE A MOTOR VEHICLE, AND A MOTOR  VEHICLE  REGISTRATION  MAY  ALSO  BE
SUSPENDED, WHERE (A) A PERSON IS CONVICTED OF A VIOLATION OF SUBDIVISION
TWO OF THIS SECTION AFTER HAVING BEEN CONVICTED OF A VIOLATION OF SUBDI-
VISION TWO OF THIS SECTION, NOT ARISING OUT OF THE SAME INCIDENT, WITHIN
THE  PRECEDING TEN YEARS, OR (B) A PERSON IS CONVICTED OF A VIOLATION OF
SUBDIVISION TWO OF THIS SECTION AND, AS A RESULT OF  SUCH  VIOLATION,  A
PERSON OTHER THAN THE PERSON SO CONVICTED WAS KILLED OR SUFFERED SERIOUS
PHYSICAL  INJURY.  ANY  SUSPENSION  IMPOSED PURSUANT TO THIS SUBDIVISION
SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF  PARAGRAPHS  L  AND  M  OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC
LAW.
  S  5.  Subdivision  3 of section 510 of the vehicle and traffic law is
amended by adding two new paragraphs l and m to read as follows:
  1. FOR A PERIOD OF FORTY-FIVE DAYS WHERE THE HOLDER IS CONVICTED OF  A
VIOLATION  OF  PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A
OF THE NAVIGATION LAW AND SUCH SUSPENSION IS ORDERED PURSUANT TO  SUBDI-
VISION THREE-A OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
S. 283                              3

  M.  FOR  A  PERIOD  OF  NINETY DAYS WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF PARAGRAPH (B), (C),  (D)  OR  (E)  OF  SUBDIVISION  TWO  OF
SECTION  FORTY-NINE-A  OF  THE  NAVIGATION  LAW  AND  SUCH SUSPENSION IS
ORDERED PURSUANT TO SUBDIVISION THREE-A OF SECTION FORTY-NINE-A  OF  THE
NAVIGATION LAW;
  S  6. Subdivision 4 of section 1196 of the vehicle and traffic law, as
amended by chapter 196 of the laws  of  1996,  is  amended  to  read  as
follows:
  4. Eligibility. Participation in the program shall be limited to those
persons convicted of alcohol or drug-related traffic offenses or persons
who have been adjudicated youthful offenders for alcohol or drug-related
traffic  offenses, or persons found to have been operating a motor vehi-
cle after having consumed alcohol in violation of section eleven hundred
ninety-two-a of  this  article,  OR  PERSONS  CONVICTED  OF  ALCOHOL  OR
DRUG-RELATED  NAVIGATION  OFFENSES  IN  VIOLATION  OF SUBDIVISION TWO OF
SECTION FORTY-NINE-A OF THE NAVIGATION LAW AND WHOSE  DRIVERS'  LICENSES
WERE SUSPENDED AS A RESULT OF SUCH CONVICTION, who choose to participate
and who satisfy the criteria and meet the requirements for participation
as  established  by  this section and the regulations promulgated there-
under; provided, however, in  the  exercise  of  discretion,  the  judge
imposing  sentence  may  prohibit  the  defendant from enrolling in such
program. The commissioner or deputy may exercise discretion,  to  reject
any person from participation referred to such program and nothing here-
in  contained  shall  be construed as creating a right to be included in
any course or program established under this section.   In addition,  no
person  shall  be  permitted to take part in such program if, during the
five years immediately preceding commission of an alcohol or drug-relat-
ed traffic offense or a finding of a violation of section eleven hundred
ninety-two-a of this article, such person has participated in a  program
established pursuant to this article or been convicted of a violation of
any subdivision of section eleven hundred ninety-two of this article, OR
THE  COMMISSION  OF  AN  ALCOHOL  OR  DRUG-RELATED NAVIGATION OFFENSE IN
VIOLATION OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF  THE  NAVIGATION
LAW  FOR WHICH THE DRIVER'S LICENSE WAS SUSPENDED other than a violation
committed prior to November first, nineteen  hundred  eighty-eight,  for
which  such  person did not participate in such program. In the exercise
of discretion, the commissioner or a deputy  shall  have  the  right  to
expel any participant from the program who fails to satisfy the require-
ments  for  participation in such program or who fails to satisfactorily
participate in or attend any aspect of such program. Notwithstanding any
contrary provisions of this chapter, satisfactory participation  in  and
completion  of  a course in such program shall result in the termination
of any sentence of imprisonment that may have been imposed by reason  of
a conviction therefor; provided, however, that nothing contained in this
section shall delay the commencement of such sentence.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.