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

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S5372-2011 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

S5372-2011 Meetings

Cultural Affairs, Tourism, Parks and Recreation: Jun 6, 2011

S5372-2011 Calendars

Active List: Jun 14, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011

S5372-2011 Votes

S5372-2011 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shall expire and be deemed repealed January 1, 2013.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.

S5372-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5372

                         2011-2012 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10416-01-1