Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jun 06, 2016 |
referred to transportation delivered to assembly passed senate |
Jun 01, 2016 |
ordered to third reading cal.1244 committee discharged and committed to rules |
Jan 06, 2016 |
referred to cultural affairs, tourism, parks and recreation returned to senate died in assembly |
Jun 16, 2015 |
referred to transportation delivered to assembly passed senate ordered to third reading cal.1669 committee discharged and committed to rules |
May 20, 2015 |
reported and committed to finance |
Apr 27, 2015 |
referred to cultural affairs, tourism, parks and recreation |
Senate Bill S4977
2015-2016 Legislative Session
Relates to the payment of fines for certain violations, the reduction of certain insurance rates and establishes the boating safety education fund
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 6, 2016
aye (61)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Floor Vote: Jun 16, 2015
aye (63)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Jun 1, 2016 - Rules Committee Vote
S497724Aye0Nay1Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 1, 2016
aye (24)aye wr (1)
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Jun 16, 2015 - Rules Committee Vote
S497723Aye0Nay2Aye with Reservations0Absent0Excused0AbstainedMay 20, 2015 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
S497712Aye0Nay1Aye with Reservations0Absent0Excused0Abstained-
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Cultural Affairs, Tourism, Parks And Recreation Committee Vote: May 20, 2015
aye (12)aye wr (1)
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2015-S4977 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10465
- Current Committee:
- Assembly Transportation
- Law Section:
- Navigation Law
- Laws Affected:
- Amd §§40, 73-b, 73-c & 78-a, Nav L; add §97-qqqq, St Fin L; amd §§2251 & 2256, V & T L
- Versions Introduced in Other Legislative Sessions:
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2013-2014:
S4628
2017-2018: S2863, A4258
2015-S4977 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4977 TITLE OF BILL: An act to amend the navigation law and the vehicle and traffic law, in relation to the payment of fines for certain violations; to amend the navigation law, in relation to reductions in certain insurance rates; and to amend the state finance law, in relation to establishing the boating safety education fund PURPOSE: To update current law and put in place safety provisions that will decrease the number of accidents and deaths on New York's waterways SUMMARY OF PROVISIONS: Renumbers subdivisions 10, 11 and 12 of section 40 of the Navigation Law to 11, 12 and 13 respectively Adds a new subdivision 10 of chapter 391 of the laws of 1971 that requires all vessels constructed after December 31, 2015, which have a bilge, must have a bilge high water alarm installed. Amends section 73-b of the Navigation Law to allow all fines collected in this section to be deposited in the boating safety education fund. Adds a new subdivision 3 to section 73-c of the Navigation Law that all fines collected as a result of this section are to be deposited in the boating safety education fund.
Amends section 78-a of the Navigation Law allows for reduced insurances rates for any insured vessels that are equipped with a high water bilge alarm. Adds a new section 97-qqqq of the State Finance Law that subdivision 1 establishes a Boating Safety Education Fund under the supervision of the State Comptroller and the Commissioner of the Department of Taxation and Finance. Subdivision 2 establish how the fund is funded. Amends subdivision 3 of section 2251 of the Vehicle and Traffic Law to allow 50 percent of the funds collect from the registration fee after July 1, 2015 shall be deposited into the boating safety education fund Adds subdivision 3 of section 2256 of the Vehicle and Traffic Law to allow all fines collect to be deposited in the Boating Safety Education Fund to fund education classes and boating enforcement JUSTIFICATION: This legislation is intended to provide funding to ensure that those operating mechanically propelled vessels on New York's waterways are properly educated. Every year, there are tragic accidents that occur on New York's waterways that could have been prevented. Proper training and education will give boaters the skills they need to reduce the number of accidents. In August of 2012, the Senate Investigations and Government Operations Committee convened to hold a public hearing on Boating Safety on New York's Waters. The Committee heard from members of the boating community who shared their stories, experiences and how New York could move forward in protecting those on its waters. This legislation has been devised from that conversation and through a number of recommendations that the Committee made as a result of their hearing. LEGISLATIVE HISTORY: 2014: S.4628-A Cultural Affairs, Tourism, Parks and Recreation / No Same As FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on January 1st of the next succeeding date on which it shall have become law.
2015-S4977 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4977 2015-2016 Regular Sessions I N S E N A T E April 27, 2015 ___________ Introduced by Sen. MARCELLINO -- 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 and the vehicle and traffic law, in relation to the payment of fines for certain violations; to amend the navigation law, in relation to reductions in certain insurance rates; and to amend the state finance law, in relation to establishing the boating safety education fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 10, 11 and 12 of section 40 of the navigation law, subdivision 11 as renumbered by chapter 391 of the laws of 1971, are renumbered subdivisions 11, 12 and 13 and a new subdivision 10 is added to read as follows: 10. ALL VESSELS CONSTRUCTED AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN WHICH HAVE A BILGE, SHALL HAVE A BILGE HIGH WATER ALARM INSTALLED. S 2. Section 73-b of the navigation law, as amended by chapter 320 of the laws of 2007, is amended to read as follows: S 73-b. Misdemeanors. Every person convicted of a misdemeanor pursuant to any of the provisions of this chapter for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not less than two hundred fifty nor more than five hundred dollars or by a period of imprisonment of not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than five hundred nor more than one thousand five hundred dollars or by a period of imprisonment of not more than sixty days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were commit- ted within a period of twenty-four months, such person shall be punished EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10128-02-5
S. 4977 2 by a fine of not less than one thousand five hundred nor more than two thousand five hundred dollars or by a period of imprisonment of not more than one hundred twenty days or by both such fine and imprisonment. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-QQQQ OF THE STATE FINANCE LAW. S 3. Section 73-c of the navigation law is amended by adding a new subdivision 3 to read as follows: 3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINE- TY-SEVEN-QQQQ OF THE STATE FINANCE LAW. S 4. Section 78-a of the navigation law, as added by chapter 160 of the laws of 1990 and as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: S 78-a. Insurance rate reduction. (A) Any insurance carrier licensed to issue yacht or boating liability insurance in this state is author- ized to grant rate reductions with the approval of the department of financial services to any owner of a yacht or boat who has successfully completed a boating safety course or holds a valid United States Coast Guard operators license. (B) ANY INSURANCE CARRIER LICENSED TO ISSUE YACHT OR BOATING LIABILITY INSURANCE IN THIS STATE IS AUTHORIZED TO GRANT RATE REDUCTIONS WITH THE APPROVAL OF THE DEPARTMENT OF FINANCIAL SERVICES TO ANY YACHT OR BOAT THAT IS EQUIPPED WITH A HIGH WATER BILGE ALARM. S 5. The state finance law is amended by adding a new section 97-qqqq to read as follows: S 97-QQQQ. BOATING SAFETY EDUCATION FUND. 1. THERE IS HEREBY ESTAB- LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION- ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "BOATING SAFETY EDUCATION FUND". 2. THE FUND SHALL CONSIST OF THE FOLLOWING REVENUE: (I) FINES COLLECTED PURSUANT TO SECTION SEVENTY-THREE-B OF THE NAVIGATION LAW; (II) FINES COLLECTED PURSUANT TO SECTION SEVENTY-THREE-C OF THE NAVIGA- TION LAW; (III) BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN, FIFTY PERCENT FROM EACH VESSEL REGISTRATION OR REREGISTRATION FEE PAID PURSU- ANT TO SUBDIVISION THREE OF SECTION TWO THOUSAND TWO HUNDRED FIFTY-ONE OF THE VEHICLE AND TRAFFIC LAW; AND (IV) FINES COLLECTED PURSUANT TO SECTION TWO THOUSAND TWO HUNDRED FIFTY-SIX OF THE VEHICLE AND TRAFFIC LAW. 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF PARKS, RECREATION AND HISTORIC PRESERVATION ONLY FOR THE ADMINISTRATION AND IMPLEMENTATION OF THE BOATING SAFETY EDUCATION PROGRAM ESTABLISHED PURSUANT TO SECTION SEVENTY-FIVE OF THE NAVIGATION LAW AND BOATING LAW ENFORCEMENT CONDUCTED BY THE STATE OR MUNICIPALITIES. NO MORE THAN TEN PERCENT OF THE ANNUAL RECEIPTS OF THE FUND MAY BE USED FOR ADMINISTRATIVE AND PERSONNEL COSTS OF THE DEPARTMENT NEEDED TO IMPLEMENT AND ADMINISTER THE PROGRAM. REMAINING MONEYS OF THE FUND SHALL BE USED FOR THE ADMINISTRATIVE AND OPERATING EXPENSES OF THE BOATING SAFETY EDUCATION COURSES OF INSTRUC- TION PROVIDED PURSUANT TO SECTION SEVENTY-NINE OF THE NAVIGATION LAW. 4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF PARKS, RECREATION, AND HISTORIC PRESERVATION, INCLUDING ADVANCES OF FUNDS PURSUANT TO A CONTRACT TO A BOATING SAFETY EDUCATION COURSES OF INSTRUCTION ORGANIZATION. AT THE END OF EACH YEAR ANY MONEYS REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT TO THE S. 4977 3 GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND. S 6. Subdivision 3 of section 2251 of the vehicle and traffic law, as amended by section 5 of part G of chapter 59 of the laws of 2009, is amended to read as follows: 3. Fees. The triennial fee for registration of a vessel shall be: twenty-two dollars and fifty cents and a vessel surcharge of three dollars and seventy-five cents, if less than sixteen feet in length; forty-five dollars and a vessel surcharge of twelve dollars and fifty cents, if sixteen feet or over but less than twenty-six feet in length; seventy-five dollars and a vessel surcharge of eighteen dollars and seventy-five cents, if twenty-six feet or over. All funds derived from the collection of the vessel access surcharge pursuant to this subdivi- sion are to be deposited in a subaccount of the "I love NY waterways" vessel access account established pursuant to section ninety-seven-nn of the state finance law. The vessel access surcharge shall not be consid- ered a registration fee for purposes of section seventy-nine-b of the navigation law. Notwithstanding any inconsistent provision of this section, the differ- ence collected between the fees set forth in this subdivision in effect on and after September first, two thousand nine and the fees set forth in this subdivision prior to such date shall be deposited to the credit of the dedicated highway and bridge trust fund. Notwithstanding any inconsistent provision of this section, the difference collected between the vessel surcharge set forth in this subdivision in effect on and after September first, two thousand nine and the vessel surcharge set forth in this subdivision in effect prior to such date shall be deposit- ed to the credit of the dedicated highway and bridge trust fund. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, FIFTY PERCENT OF THE AMOUNT COLLECTED FROM THE REGISTRATION FEE ON AND AFTER JULY FIRST, TWO THOUSAND FIFTEEN SHALL BE DEPOSITED TO THE CREDIT OF THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-QQQQ OF THE STATE FINANCE LAW. S 7. Section 2256 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows: 3. ALL FINES COLLECTED PURSUANT TO THIS SECTION ARE TO BE DEPOSITED IN THE BOATING SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINE- TY-SEVEN-QQQQ OF THE STATE FINANCE LAW. S 8. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.
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