Relates to reporting policies and procedures regarding vessels involved in accidents.
Ayes (60): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Nays (1): Maziarz
Excused (1): Morahan
BILL NUMBER: S3025
TITLE OF BILL :
An act to amend the navigation law, in relation to reporting policies and procedures regarding vessels involved in an accident
PURPOSE OF THE BILL :
The purpose of this bill is to increase the monetary reporting threshold for vessel accidents resulting in property damage to avoid reporting of insignificant accidents.
SUMMARY OF PROVISIONS :
Sections 1 and 2 of this bill amend sections 47-a and 47-b of the Navigation Law to raise, from $1,000 to $2,000, the reporting threshold for vessel accidents that result in property damage.
Section 3 of the bill provides for the effective date.
EXISTING LAW :
Navigation Law § 47-a(2) requires law enforcement to report to the Commissioner of Parks, Recreation and Historic Preservation (Commissioner) vessel accidents that result in at least $1,000 in property damages. Likewise, Navigation Law § 47-b requires owners to file a report with the Commissioner of vessel accidents that result in $1,000 in property damage.
PRIOR LEGISLATIVE HISTORY :
This is a new bill.
STATEMENT IN SUPPORT :
The Navigation Law reporting requirement for vessel accidents enables the Office of Parks, Recreation and Historic Preservation (Office) to analyze such accidents for the purpose of considering measures which can be implemented to improve public safety on the State's waterways. Considering the high cost of modern vessels and vessel repairs, however, relatively minor damage to a vessel can easily result in vessel damage in excess of $1,000. There is no public benefit to reporting relatively minor accidents that result in cosmetic and other minor damage. Additionally, it is likely that the vast majority of accidents involving such minor damage go unreported.
Increasing the reporting threshold will relieve the boating public of the burden of filing a report with the Commissioner, and alleviate the need for the Office to maintain records relating to minor accidents that do not advance the Office's mission of improving boating safety. Raising the accident reporting threshold to $2,000 would also make the State's reporting threshold consistent with the reporting threshold in federal law.
BUDGET IMPLICATIONS :
EFFECTIVE DATE : This bill would take effect on the first day of April next succeeding the date on which it becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 3025 2009-2010 Regular Sessions IN SENATE March 9, 2009 ___________Introduced by Sen. THOMPSON -- (at request of the Office of Parks, Recreation and Historic Preservation) -- read twice and ordered print- ed, 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 reporting policies and procedures regarding vessels involved in an accident THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 47-a of the navigation law, as added by chapter 587 of the laws of 2003, is amended to read as follows: 2. Every police officer, bay constable or judicial officer receiving information of an accident involving a vessel, including, but not limit- ed to, rowboats and canoes, in which damage in excess of
[one thousand dollars]TWO THOUSAND DOLLARS to the property of any person is sustained shall make a written memorandum of the information received, and such additional facts relating to the accident as may come to his or her knowledge, and mail the same within five days to the commissioner and keep a record thereof in his or her office. S 2. Section 47-b of the navigation law, as added by chapter 587 of the laws of 2003, is amended to read as follows: S 47-b. Report to the commissioner required upon accident. Every person operating a vessel, including, but not limited to, rowboats and canoes, upon the navigable waters of the state, or on any other waters within the boundaries of the state, which is in any manner involved in an accident, in which any person is killed, injured or disappears under the water, or in which damage to the property of any one person, includ- ing himself or herself, in excess of [one thousand dollars]TWO THOUSAND DOLLARS is sustained shall, within five days after such accident, report the matter in writing to the commissioner. If the owner is not involved in such accident or is incapacitated, the owner shall, within five days after learning of the facts of such accident, report the matter to theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06132-01-9 S. 3025 2
commissioner together with such information as may have come to the owner's knowledge relating to such accident. Every such operator of a vessel, or surviving participant in any such accident, or the owner of the vessel involved in any such accident, shall make such other and additional reports as the commissioner may require. A violation of this section shall constitute a violation punishable by a fine of not less than twenty-five nor more than one hundred dollars. Nothing contained in this section shall be deemed to supersede the provisions of section forty-seven of this
[article]PART. S 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.