Relates to the repeal of section 71-c of the navigation law, relating to capacity plates.

---

S6720-2011 Actions

• Jun 19, 2012: SUBSTITUTED BY A10545
• Jun 11, 2012: ADVANCED TO THIRD READING
• Jun 6, 2012: 2ND REPORT CAL.
• Jun 5, 2012: 1ST REPORT CAL.1019
• Mar 13, 2012: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S6720-2011 Meetings

Cultural Affairs, Tourism, Parks and Recreation: Jun 5, 2012

S6720-2011 Calendars

Active List: Jun 19, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012

S6720-2011 Votes

S6720-2011 Memo

BILL NUMBER:S6720

TITLE OF BILL:

An act
to repeal section 71-c of the navigation law relating to capacity plates

PURPOSE OF THE BILL:

The bill would repeal Navigation Law � 71-c, which establishes state
capacity plate requirements that are now preempted by federal law.

SUMMARY OF PROVISIONS:

Section 1 of the bill would repeal Navigation Law � 71-c.

Section 2 of the bill would make the bill effective immediately.

EXISTING LAW:

Navigation Law � 71-c requires, among other things, manufacturers of
any vessel that is less than 26 feet in length (including vessels
manned by oar, but not sail) and manufactured after January 1, 1969,
to attach a permanent capacity plate stating: (i) the total weight
that the vessel can carry; (ii) the maximum number of persons it is
recommended to carry; and (iii) in the case of vessels capable of
mounting an outboard motor, the maximum engine horse power the vessel
is designed to accommodate.

LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

Navigation Law � 71-c was enacted in 1968. Shortly thereafter, the
Federal Motorboat Safety Act (46 use section 4306) took effect
requiring that all vessels less than twenty feet in length, except
sailboats, canoes, kayaks and inflatable boats, and manufactured
after November 1, 1972 have a capacity plate as required by federal
regulation which were subsequently adopted and codified in Title 33
CFR Part 183. The law also mandated that no state, or political
subdivision of a state, may establish, continue, or enforce a law
establishing another safety standard that is not identical to a
regulation prescribed by the Motorboat Safety Act. See 46 use
� 4302. Navigational Law � 71-c is not identical to federal
regulation and law and is, thus, preempted.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill would be effective immediately upon enactment into law.

S6720-2011 Text

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

                                    6720

                              I N  SENATE

                               March 13, 2012
                                 ___________

  Introduced  by Sen. LITTLE -- (at request of the Office of Parks, Recre-
    ation and Historic Preservation) -- read twice  and  ordered  printed,
    and when printed to be committed to the Committee on Cultural Affairs,
    Tourism, Parks and Recreation

  AN ACT to repeal section 71-c of the navigation law relating to capacity
    plates

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 71-c of the navigation law is REPEALED.
    S 2. This act shall take effect immediately.









   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14244-01-2