Enacts "Victoria's law" to promote boater safety; repealer

Summary of specific provisions

Section 1. This act shall be known and may be cited as "Victoria's Law". § 2. The navigation law is amended by adding a new section 49-d to read as follows: § 49-d. Occupancy limitation. (1.) No person shall operate a vessel on the navigable waters of the state with a number of occupants, including such operator, that exceeds the maximum occupancy recommenda- tion established for such vessel by the manufacturer of such vessel. (2.) No person shall operate a vessel on the navigable waters of the state unless there is conspicuously displayed on such vessel, a sign indicating such maximum occupancy limitation and contact information regarding certified first responders responsible for such waters. Such sign shall be located where it is visible to all passengers while such passengers are boarding the vessel. (3.) Any person who violates the provisions of subdivision one or two of this section shall be guilty of a misdemeanor: punishable as set forth in section seventy-three-b of this article. (4.) For purposes of this section the term "certified first responder" means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of the public health law and who is responsible for administration of initial lifesaving care of sick and injured persons.

§ 3. Subdivision (1) of section 49 of the navigation law, as amended by chapter 805 of the laws of 1992, is amended to read as follows: (1.) No person (under the age of eighteen years) shall operate a mechanically propelled vessel on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk coun- ties, with certain exceptions. The commissioner, by rule or regulation, may provide for the exemption of additional persons not listed in the Subdivision (1) from the requirements of § 3. § 4. Paragraphs (a), (b), and (c) of subdivision (3) of section 49 of the navigation law are REPEALED and three new paragraphs (a), (b) and (c) are added. § 5. Section 75 of the navigation law, as amended by chapter 138 of the laws of 1998, is amended to include an Educational program, wherein the commissioner shall initiate and put into effect a comprehensive educa- tion program designed to advance boating safety. § 6. Subdivision (1) of section 78 of the navigation law, as amended by chapter 138 of the laws of 1998, is amended to include the requirement of a "Boating safety certificate". This shall mean a certificate issued by the commissioner

evidencing that the holder thereof has successfully completed a course of instruction in boating safety as provided in this section § 7. Section 79 of the navigation law, as amended by chapter 169 of the laws of 2004, is amended. § 8. The navigation law is amended by adding a new section 49-e to include the requirement of any person who organizes an event to take place on the navigable waters of the state which includes the participation of five or more vessels shall, prior to such event, obtain a permit from the local municipality having jurisdiction over such waters. § 9. The state finance law is amended by adding a new section 81 of the navigation law to include a Boating safety fund, wher- ein moneys of the fund shall be made available only for use by the Natural Heritage trust for Summer Youth to promote the development, implementation and improvement of summer recreational activities for children. Such activities shall be administrated by the department of parks, recreation and historic preservation.

Justification

In amending Chapter 805 of the Laws of 1992, it was the intent of the Legislature to enact section 49-d of the navigation law to be referred to as "Victoria's law", to promote boater safety.

On July 4, 2012, three children were killed when an overcrowded boat capsized on the Long Island Sound. One of the victim's family are constituents of Senator Eric Adams. To ensure the safety and security of New York State residents, the enactment of this legislation will prevent other avoidable boating accidents, through the passage of stricter nautical laws in New York State.

Provisions under this piece of legislation shall include: limiting the capacity of occupants for all recreational watercraft; signifying the occupancy limit and first responder information in a conspicuous location, to be displayed where visible when boarding; requiring boat safety training and certification for new boat owners; in the case of an event involving watercraft, the issuance of a public permit; and for private event planners to inform participants of adequate water security and safety behaviors.

On behalf of young Victoria Gaines, and all who are affected by unsafe boating conditions, this piece of legislation, shall be named Victoria's Law, for the little girl who perished seeks to prevent similar incidents through the enactment of legislation that would limit the capacity of occupants for all recreational watercraft and signify the occupancy limit and first responder information conspicuously displayed where visible when boarding; require boat safety training and certification for new boat owners; in the case of an event involving watercraft, the issuance of a public permit and for private event planners to inform participants of adequate water security/safety behaviors.

"Victoria's Law" is a revenue positive bill. Revenue shall be allocated into a boating safety fund, wherein moneys of the fund shall be made available only for use by the Natural Heritage trust for Summer Youth to promote the development, implementation and improvement of summer recre-

ational activities for children. Such activities shall be administrated by the department of parks, recreation and historic preservation.

Legislative history

This is a new bill.

Fiscal implications

Revenue positive bill.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.