Relates to party and charter boat licenses.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to party and charter boat licenses
PURPOSE: To require the submission of proof by the owner of a qualified vessel that the owner and crew of such vessel are currently enrolled in a random drug testing program in order to obtain a license for a party or charter boat.
SUMMARY OF PROVISIONS: Amends Section 13-0336 of the Environmental Conservation Law by adding a new subdivision 3 to require the owner of a qualified vessel to submit proof that the operator and crew of such vessel are currently enrolled in a random drug testing program that complies with the Federal Government's 46 CFR "Drug Testing Program" regulations when applying for a party and charter boat license from the New York State Department of Environmental Conservation.
JUSTIFICATION: Title 46 Code of Federal Regulations (46 CFR), requires marine employers to administer a drug and alcohol testing program for their employees. These regulations were developed by the United States Coast Guard and set the minimum requirements for testing in the marine industry. Any crewmember who performs a safety related function onboard a vessel, including but not limited to line handling, steering the vessel, distributing life vests, or ensuring the safety of the passengers, is required to be included in the program. This drug and alcohol testing program requires preemployment, periodic, random, serious marine incident, post accident, and reasonable cause testing programs. The random drug testing program (46 CFR 16.230) notes that a person may not serve on a vessel in the position as master, operator, or person in charge, unless all crewmembers covered under the provisions of Section 16.230 CFR are subject to the established random testing requirements.
The safety of party and charter boat passengers and crew is of utmost importance. This legislation would require the owner of a qualified vessel to submit proof that the operator and crew of such vessel are currently enrolled in a random drug testing program that complies with the Federal Government's 46 CFR "Drug Testing Program" regulations when applying for a party and charter boat license from the New York State Department of Environmental Conservation. Because vessel owners should already be enrolled in a 46 CFR 16.230 random drug testing program, this requirement will not place any additional burden on vessel owners. Enactment of this measure will enhance enforcement of this federal law while ensuring the safety and well being of party and charter boat passengers and crewmembers.
LEGISLATIVE HISTORY: New Legislation, 2013.
FISCAL IMPLICATIONS:None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 2922 A. 3355 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y January 25, 2013 ___________IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to party and charter boat licenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13-0336 of the environmental conservation law is amended by adding a new subdivision 3 to read as follows: 3. IN ORDER TO OBTAIN A PARTY AND CHARTER BOAT LICENSE, THE OWNER OF A QUALIFIED VESSEL MUST SUBMIT PROOF THAT THE OPERATOR AND CREW ARE CURRENTLY ENROLLED IN A RANDOM DRUG TESTING PROGRAM THAT COMPLIES WITH THE FEDERAL GOVERNMENT'S 46CFR "DRUG TESTING PROGRAM" REGULATIONS. S 2. This act shall take effect immediately; provided, however, that the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date is author- ized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05806-01-3