Extends through January 1, 2015, provisions authorizing the operation of certain leased personal watercraft and prop-craft without a boating safety certificate.

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S7695-2011 Actions

• Jun 20, 2012: SUBSTITUTED BY A10198
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1400
• Jun 14, 2012: REFERRED TO RULES

S7695-2011 Meetings

Rules: Jun 21, 2012

S7695-2011 Calendars

Floor Calendar: Jun 20, 2012

S7695-2011 Votes

S7695-2011 Memo

BILL NUMBER:S7695

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 and expiration of provisions of 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 or 2007 is amended to provide that section five of this act
shall expire and be deemed repealed January 1, 2015.

EXISTING LAW:
Expands the effective date of chapter 138 of the laws of 1998 until
January 1, 2015.

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 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 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 provide 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.

S7695-2011 Text

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

                                    7695

                              I N  SENATE

                                June 14, 2012
                                 ___________

  Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
    printed to be committed to the Committee on Rules

  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  301
  of the laws of 2011, 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, [2013] 2015.  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.
                                                             LBD15783-01-2