Bill S5372-2011

Extends through January 1, 2013, provisions authorizing the operation of certain leased craft without a boating safety certificate

Extends through January 1, 2013, provisions authorizing the operation of certain leased personal watercraft and prop-craft without a boating safety certificate.

Details

Actions

  • Jun 14, 2011: SUBSTITUTED BY A7279
  • Jun 13, 2011: ADVANCED TO THIRD READING
  • Jun 7, 2011: 2ND REPORT CAL.
  • Jun 6, 2011: 1ST REPORT CAL.1011
  • May 13, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Votes

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - Jun 6, 2011
Ayes (12): Little, Ball, Bonacic, Gallivan, Griffo, Grisanti, Marcellino, Ritchie, Serrano, Kennedy, Klein, Valesky
Ayes W/R (2): Adams, Duane

Memo

BILL NUMBER:S5372

TITLE OF BILL: An act to amend chapter 138 of the laws of 1998 amending the navigation law and the state finance law relating to the operation of personal watercraft and specialty prop-craft, in relation to extending the effectiveness thereof

PURPOSE: To establish an expiration of provisions of the Navigation law authorizing the operation of certain leased personal watercraft without a boating safety certificate.

SUMMARY OF PROVISIONS: Section 8 of chapter 138 of the laws of 1998 amending the navigation law and the state finance law relating to the operation of personal watercraft and specialty prop-craft, as amended by chapter 361 of the laws of 2007 is amended to provide that section five of the act shall expire and be deemed repealed January 1, 2013.

JUSTIFICATION: Section 5(f) of chapter 138 of the laws of 1998 allows a person over eighteen years of age to operate a personal watercraft or a specialty prop-craft without a certificate required pursuant to section forty-nine of such article when such operation is restricted by the operator of a livery, or the livery operator's designated agent, to a specified area, no part of which shall be more than twenty-five hundred feet from the livery location, or, if removed from the livery location, not more than five hundred feet from the livery operator or agent assigned by the livery operator to supervise such operation and such personal watercraft or specialty prop-craft and or the personal flotation device of the operator is clearly marked in such a manner as to be distinguishable by the operator of such livery operator's designated agent within the permitted areas of operation. This section of the original law is important so that livery operators are still able to participate in the tourism industry by being able to lease their equipment to people vacationing in the area from New York and other states. However, having the law sunset every two years gives the Legislature an opportunity to monitor that such practice continues to be beneficial for the industry and consumer.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5372 2011-2012 Regular Sessions IN SENATE May 13, 2011 ___________
Introduced by Sen. LITTLE -- 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 chapter 138 of the laws of 1998 amending the navigation law and the state finance law relating to the operation of personal watercraft and specialty prop-craft, in relation to extending the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 8 of chapter 138 of the laws of 1998, amending the navigation law and the state finance law relating to the operation of personal watercraft and specialty prop-craft, as amended by chapter 188 of the laws of 2009, is amended to read as follows: S 8. This act shall take effect immediately; provided that section two of this act shall take effect January 1, 2000 and shall apply to all operators born on or after January 1, 2000 and shall apply to all opera- tors born on or after January 1, 1981, provided further on and after January 1, 2001 and before January 1, 2002 such section shall apply to all operators born on or after January 1, 1978; provided further that on and after January 1, 2002 and before January 1, 2003 such section shall apply to all operators born on or after January 1, 1975; provided further that on and after January 1, 2003 and before January 1, 2004 such section shall apply to all operators born on or after January 1, 1972, and provided further that on and after January 1, 2004 it shall apply to all operators; and provided further that section five of this act shall expire and be deemed repealed January 1, [2012] 2013. Upon a finding that courses do not exist in sufficient numbers to enable the operators of personal watercraft to earn boating safety certificates in a timely fashion as required by subdivision 1-a of section 49 of the navigation law, as added by section two of this act, the commissioner of parks, recreation and historic preservation is authorized by rule or regulation to modify the dates provided in this section. S 2. This act shall take effect immediately.

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