BILL NUMBER: S200
SPONSOR: MARTINEZ
 
PURPOSE:
The purpose of this bill is to enhance the safety of New York boaters by
strengthening the penalties associated with the conviction of operating
a boating vessel under the influence of drugs or alcohol.
 
SUMMARY OF PROVISIONS:
Section 1. Section 49-a of the Navigation Law is amended by adding a new
subdivision 3-a, where the court shall suspend a person's privilege to
operate a motor vehicle and may suspend a motor vehicle's registration
in the same manner as defined under subdivision two of section eleven
hundred ninety-three of the vehicle and traffic law where an operator is
convicted of a violation of paragraph a, b, d, or e of subdivision two
of this section or a violation of section forty-nine b of this part.
Section 2. Clause c of subparagraph 12 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law, as added by chapter 732
of the laws of 2006 is amended to make BWI offenses eligible for the
application of a conditional license.
Section 3. Establishes the enacting clause.
 
JUSTIFICATION:
To ensure the safety of New York State's boaters, further steps must be
taken to curb the consumption of alcohol while operating a boating
vessel. In New York State, an operator of a boating vessel with a blood
alcohol level of .08 or higher is considered intoxicated. New York law
prescribes heavy fines, imprisonment, and the suspension of boating
operator privileges for violators. However, those convicted of operating
a boating vessel while under the influence of alcohol are still permit-
ted to operate a motor vehicle in the State of New York. Increasing the
penalty of operating a boating vessel while intoxicated to include the
suspension of a violator's driver's license will further deter individ-
uals from engaging in this dangerous behavior.
As with Driving While Intoxicated (DWI) offenses, this bill would allow
someone convicted of BWI to apply for a conditional license through the
DMV while their motor vehicle license is suspended which would enable
them to travel to work, medical appointments, etc. This is to mitigate
any potential circumstances of individuals driving without a license and
causing further harm to themselves or others.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S200: 49-a navigation law, 1193 vehicle and traffic law, 1193(2) vehicle and traffic law