What's happening
This bill requires party and charter boat owners to prove their operators and crew are enrolled in a federal-compliant random drug testing program.
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Require Drug Testing for Boat Crews
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Drug Testing for Boat Crews
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3486 A. 5047
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 7, 2019
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to party and charter boat licenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13-0336 of the environmental conservation law is amended by adding a new subdivision 3 to read as follows:
3. In order to obtain a party and charter boat license, the owner of a qualified vessel must submit proof that the operator and crew are currently enrolled in a random drug testing program that complies with the federal government's 46CFR 16.230 "Drug Testing Program" regulations.
§ 2. This act shall take effect immediately. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03186-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to party and charter boat licenses
Purpose
To require the submission of proof by the owner of a qualified vessel that the owner and crew of such vessel are currently enrolled in a random drug testing program in order to obtain a license for a party or charter boat.
Summary of provisions
Amends Section 13-0336 of the Environmental Conservation Law by adding a new subdivision 3 to require the owner of a qualified vessel to submit proof that the operator and crew of such vessel are currently enrolled in a random drug testing program that complies with the Federal govern- ment's 46 CFR 16.230 "Drug Testing Program" regulations when applying for a party and charter boat license from the New York State department of Environmental Conservation.
Justification
Title 46 Code of Federal Regulations (46 CFR), requires marine employers to administer a drug and alcohol testing program for their employees. These regulations were developed by the United States Coast Guard and set the minimum requirements for testing in the marine industry. Any crewmember who performs a safety related function onboard a vessel, including but not limited to line handling, steering the vessel, distributing life vests or ensuring the safety of the passengers, is required to be included in the program. This drug and alcohol testing program requires pre-employment, periodic, random, serious marine inci- dent, post accident and reasonable cause testing programs. The random drug testing program (46 CFR 16.230) notes that person may not serve on a vessel in the position as master, operator or person in charge, unless all crewmembers covered under the provisions of Section 16.230 CFR are subject to the established random testing requirements.
The safety of party and charter boat passengers and crew is of utmost importance. This legislation would require the owner of a qualified vessel to submit proof that the operator and crew of such vessel are currently enrolled in a random drug testing program that complies with the Federal government's 46 CFR "Drug Testing Program" regulations when applying for a party and charter boat license from the New York State Department of Environmental Conservation. Because vessel owners should already be enrolled in a 46 CFR 16.230 random drug testing program, this requirement will not place any additional burden on vessel owners. Enactment of this measure will enhance enforcement of this federal law while ensuring the safety and well being of party and charter boat passengers and crewmembers.
Legislative history
2017-18 S.3003/A.2327; 2015-16 S.1876/A.2019; 2013-14 S.2922A/A.3355A
Fiscal implications
None to the State
Effective date
Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.