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provisions of one of the paragraphs of such subdivision two and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized; provided, however, if the district attorney upon reviewing the available evidence determines that the charge of violation of subdivision two of this section is not warranted, he may consent, and the court may allow a disposition by plea of guilty to another charge in satisfaction of such charge.

12. Suspension pending prosecution. (a) Without notice, pending any prosecution, the court may suspend the right to operate & vessel where the vessel

operator has been charged with vehicular assault in the second degree or vehicular manslaughter in the second degree as defined, respectively, in sections 120.03 and 125.12 of the penal law.

(b) Ą suspension under this subdivision shall occur no later than twenty days after the vessel operator's first appearance before the court

the charges or at the conclusion of all proceedings required for the arraignment, whichever comes first. In order for the court to impose such suspension it must find that the accusatory instrument conforms to the requirements of section 100.40 of the criminal procedure law

and there exists reasonable cause to believe that the accused operated a vessel in violation of section 120.03 or 125.12 of the penal law. At such time the operator shall be entitled to an opportunity to make a statement regarding the enumerated issues and to present evidence tending to rebut the court's findings. Where such suspension is imposed upon such pending charge and the operator has requested a hearing pursuant to article

hundred eighty of the criminal procedure law, the court shall conduct such hearing. If upon completion of the hearing, the court fails to find that there is reasonable cause to believe that the operator committed a felony under section 120.03 or 125.12 of the penal law the court shall promptly direct restoration of such operating privileges to the operator unless such operating privileges are suspended or revoked pursuant to any other provision of this chapter.

13. Boating safety course. Upon the conviction of any subdivision of this section, the court shall, in addition to any other penalties invoked under this section, require the convicted person, as a condition of the sentence, to complete a boating safety course of the state, V.S. Power Squadrons or V.Ş. Coast Guard Auxiliary and show proof of successful completion of such course to the court or its designee.

§ 31. Section 55 of the navigation law, as amended by chapter 672 of the laws of 1962, is amended to read as follows:

၌ 55. Stairways and gangways. Every public vessel engaged in carrying passengers shall be provided with permanent stairways and other sufficient

convenient for passing from one deck to the other, with gangways large enough to allow persons freely to pass, which shall be open

fore and aft of the length of the vessel, and to and along the guards; and whoever obstructs such

gangways by freight

otherwise shall be guilty of [an offense] violation punishable by a fine of not (to exceed fifty] less than twenty-five nor more than one hundred dollars for every such violation.

§ 32. Section 57 of the navigation law, as amended by chapter 839 of the laws of 1973, is amended to read as follows:

$ 57. Identification number of vessel. Every public vessel subject to the provisions of this chapter shall be registered and display the identification number assigned as set forth in section twenty-two hundred fifty-one of the vehicle and traffic law. In addition to the number as. signed, each public vessel shall display the letters "PV" not more than six inches above or below the identification number. The letters "PV" shall be not less than five inches in height and maintained in a legible condition so that the letters, "PV",

readily discernible during daylight hours at a distance of two hundred feet. It shall be the duty of every owner to register and display numbers as herein indicated. Violation of this section shall be [an offense) a violation punishable by a fine of not (to exceed fifty) less than twenty-five nor than one hundred dollars.

§ 33. Section 58 of the navigation law, as amended by chapter 672 of the laws of 1962, is amended to read as follows: 5 58.

Number of passengers. It shall not be lawful to take on board of any public vessel a greater number of passengers than the number allowed in the certificate of inspection and for every violation of this provision, the master, pilot, joint pilot and engineer or owner shall be guilty of misdemeanor

punishable as set forth in section seventy" three-b of this article.

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§ 34. Subdivision 5 of section 58-a of the navigation law, as added by chapter 1031 of the laws of 1965, is amended to read as follows:

(5) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article.

§ 35. Section 59 of the navigation law, as amended by chapter 672 of the laws of 1962, is amended to read as follows:

§ 59. Manning of vessels. All public vessels while under way under their own power, must be in charge of licensed master, pilot, gineer, or joint pilot and engineer. Any owner who permits the operation of a public vessel by a person who does not possess a valid license or temporary permit, in full force and effect as master, pilot, engineer or joint pilot and engineer shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article.

§ 36. The closing paragraph of section 66 of the navigation law, as added by chapter 446 of the laws of 1976, is amended to read as follows:

A violation of the provisions of this section shall constitute a violation punishable as set forth in section seventy-three-c of this article.

§ 37. Section 68 of the navigation law, as amended by chapter 650 of the laws of 1989, is amended to read as follows:

§ 68. Investigations by inspector; penalties; reports. The inspector upon order or pursuant to direction of the commissioner shall investigate all violations and charges of violations of the provisions of this article which are applicable to public vessels. Should the investigations disclose that a person has sustained bodily injury through accident caused as the direct result of any such violation, he shall file with the district attorney of the county in which such violation occurred, a statement of the nature of the violation, the injury sustained and the names of the persons involved and of the witnesses thereto. Any master, owner, or other person violating any of such provisions, in ad dition to any other punishment prescribed by this chapter or other law, shall forfeit' to the people of the state a sum [not to exceed] of not less than twenty-five ñor more than one hundred dollars to be fixed by the court or justice for each and every offense; every violation shall be a separate and distinct offense, and, in case of a continuing violation, every day's continuance thereof shall be deemed to be separate and distinct offense.

§ 38. Subdivision 10 of section 71-c of the navigation law, as added by chapter 914 of the laws of 1968, is amended to read as follows:

10. Any person convicted of violating any provision of this section, or rules and regulations issued thereunder, shall be guilty of [an offense] a violation punishable by a fine of not less than twenty-five nor more than one hundred dollars. Failure to affix a proper capacity plate shall constitute a separate violation for each vessel with respect to which such failure occurs.

§ 39. Subdivision 2 of section 71-d of the navigation law, as added by chapter 698 of the laws of 1971, is amended to read as follows:

2. Any person convicted of violating this section shall be guilty of [an offense) a violation punishable by a fine of not [more] less than twenty-five nor more than one hundred dollars.

5 40. . Subdivision 4 of section 73 of the navigation law, as added by chapter 683 of the laws of 1968, is amended to read as follows:

[4] 4-a. No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, aquaplane or similar device may be affected or controlled, in such a way as to cause the water skis, aquaplane or similar device any person thereon to collide with or strike any object or person. The provisions of this section do not apply to collisions with tow lines nor to collişions of two or more persons, aquaplanes or similar devices being towed behind the same boat nor to collisions with ski jumps, buoys and similar objects normally used in competitive or recreational water skiing.

§ 41. Subdivision 6 of section 73 of the navigation law, as added by chapter 683 of the laws of 1968, is amended to read as follows: 6.

Any person violating any provision of this section shall be guilty of [an offense) a violation punishable [by a fine of not exceeding twenty-five dollars] as

set forth in section seventy-three-c of this article.

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& 42. Article 4 of the navigation law is amended by adding a new part 3-A to read as follows:

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§ 73-b. Misdemeanors. Every person convicted of a misdemeanor pursuant
to any of the provisions of this chapter for which another penalty is
not provided shall for a first conviction thereof be punished by a fine
of not less than one hundred nor more than two hundred fifty dollars or
by period of imprisonment of not more than fifteen days or by both
such fine and imprisonment; for a conviction of a second violation, both
of which were committed within a period of twenty-four months, such per-
son shall be punished by a fine of not less than two hundred
than three hundred fifty dollars or by, a period of imprisonment of not
more than forty-five days or by both such fine and imprisonment; upon a
conviction of a third or subsequent violation, all of which were commit-
ted within a period of twenty-four months, such person shall be punished

fine of not less than five hundred nor" more than seven hundred
fifty doilars or by, a period of imprisonment of not

than ninety days or by both such fine and imprisonment.

§ 73-0. Violations. 1. Any person who violates any of the provisions of this article or any local law, ordinance, order, rule regulation adopted pursuant to this article, shall be guilty of a violation unless such conduct is declared to be a misdemeanor or felony pursuant to this chapter or any other law of this state.

2. Every person convicted of a violation for a violation of any of the provisions of this article or of any ordinance, order, rule or regulation adopted pursuant to this article for which another, penalty is not provided shall for a first conviction thereof be punished by a fine of not less than twenty-five nor more than one hundred dollars or by inprisonment for not more than

days by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of twenty-four months, such

person shall be punished by a fine of not less than one hundred nor more than two hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; upon a conviction for a third or subsequent violation, all of which were committed within

period of twenty-four months, such person shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars

or by inprisonment for not

than thirty days or by both such fine and imprisonment.

§ 43. Section 79-a of the navigation law, as amended by chapter 168 of
the laws of 1965 and subdivision 4 as amended by chapter 650 of the laws
of 1989, is amended to read as follows:

§ 79-a. Definitions. As used in this article: 1. "State aid" shall
mean payments by the state to Ça county or, in a county which does not
enforce the provision of this chapter, to a city, town or village en-
forcing such provisions], an eligible governmental entity in accordance
with the provisions of this article.
2. "[Enforcement) Program year" shall mean the calendar year.

2-a. "Eligible governmental entity" shall mean the Lake George park
commission or a county enforcing the provisions of this chapter and hav-
ing an accident reporting system and vessel and related equipment anti-
theft program and/or an "I love NY waterways" boating, safety program ap-
proved by the commissioner. In county which does not enforce the
provisions of this chapter and have an approved accident

reporting and vessel and related equipment anti-theft program and/or an "I love NY waterways" boating safety, program, the eligible governmental entity may be city, town or village within the county. In addition, the commissioner shall promulgate regulations to provide for direct funding to any city, town or village in a county constituting an eligible governmental entity pursuant to this subdivision which such city, town or village enforces the provisions of this chapter and has established an "I love NY waterways" boating safety program approved by the commissioner.

3. "County, city, town or village" shall mean each county, city, town or village in the state of New York except those counties which lie within the territorial limits of the city of New York. The term "county" with reference to such counties lying within the territorial limits of the city of New York shall mean the city of New York.

4. "Authorized expenditures" shall mean those expenditures determined by the commissioner to be reasonable and necessary for the adequate and proper enforcement of the provisions of the navigation law, and for inplementing an accident reporting system and vessel and related equipment

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program and/or "I love NY waterways" boating safety program. The commissioner shall prepare and maintain in his office schedule of such authorized expenditures and amend the same from time to time.

§ 44. Section 79-b of the navigation law is amended by adding a new subdivision 1-a to read as follows:

1-a. The commissioner shall establish an "I love NY waterways" boating safety program which shall be applicable on the navigable waters of the state any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties. Such program shall include boating safety and accident prevention education and measures to reduce alcohol-related boating accidents and injuries.

§ 45. Subdivisions 2 and 3 of section_79-b of the navigation law, as amended by chapter 617 of the laws of 1987, are amended and a

subdivision 4 is added to read as follows:

2. Each [county, city, town or village or the Lake George park commission enforcing the provisions of the navigation law, including section seventy-one thereof, and having an accident reporting system and vessel related equipment theft program approved by the commissioner,) eligible governmental entity shall be entitled to receive state aid as hereinafter provided. [A county, city, town or village or the Lake George park commission] An entity seeking reimbursement for expenditures incurred in enforcement of the navigation law and participation in approved accident reporting and anti-theft programs and/or an "I love NY waterways' boating safety program shall submit to the commissioner by October first of each year estimate of such expenditures for the current calendar year, in such form and containing such information as he may require. Within one month after the close of the calendar year, [each such county, city, town or village or the Lake George park commission] it shall submit to the commissioner a statement of authorized expenditures actually incurred, in such form and containing such information

he may require.

3. The amount of state aid to be allocated to [counties, cities, towns or villages or the Lake George park commission) eligible governmental entities pursuant to this article shall be determined by the commissioner as hereinafter provided. He shall determine the

percentage proportion which the authorized expenditures of each individual [county, city, town or village or the Lake George park commission) entity, not exceeding. [two] four hundred thousand dollars for each county including municipalities therein, shall bear to the total authorized expenditures of all [the counties, cities, towns or villages or the Lake George park commission for enforcement of the navigation law and participation in approved accident reporting and anti-theft programs during such enforcement year. For the fiscal year commencing April first, nineteen hundred eighty-six, such] entities. Such percentage proportion shall then be applied against an amount equal to (one-half of the amount received by the state fees received for registration of vessels during the previous enforcement year. For the fiscal year commencing April first, nineteen hundred eighty-seven, and for each subsequent fiscal year, said amount shall equal] three-quarters of the amount received by the state in each preceding (enforcement] program year in fees less no more than thirty percent, subject to appropriation, which may be used by the commissioner and the commissioner of motor vehicles for administrative costs of the program, including training and equipment, and by the department of vironmental conservation, the division of state police and other state agencies, subject to the approval of the commissioner, for the purposes of this article. The amount thus determined shall constitute the maximum amount of state aid to which each such [county, city, town or village or

Lake George park commission) entity shall be entitled; provided however, [for the fiscal year commencing April first, nineteen hundred eighty-six, county, city, town or village or the Lake George park commission shall receive state aid in an amount in excess of one-half of its authorized expenditures as approved by the commissioner for such enforcement year. For the fiscal year commencing April first, nineteen hundred eighty-seven and all subsequent fiscal years,] that no [county city, town or village or the Lake George park commission] entity shall receive state aid in an amount in excess of seventy-five percent of its authorized expenditures approved by the commissioner for such [enforcement] program year. The commissioner shall certify to the compEXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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troller the amount thus determined for each (county, city, town or village

the Lake George park commission) local governmental entity as the amount of state aid to be apportioned to such (county, city, town or village the Lake George park commission] local governmental entity. The allocation of state aid to any county, town or village within the Lake George park shall not be reduced because of the allocation of state aid to the Lake George park commission.

4. The amount of funds historically appropriated by any, municipality receiving funding pursuant to this article shall not be reduced because of the availability of appropriations from such fund.

$ 46. Section 201 of the navigation law, as amended by chapter 292 of the laws of 1980, is amended to read as follows:

§ 201. Disposition of fees and penalties. 1. On the first day of each month or within ten days thereafter, all fines and penalties collected for violations of this chapter, except for violations of article six, under judgment of any town or village court or justice pursuant to compromise, shall be paid over by such court or justice to the comptroller of the state, with a statement accompanying the same, setting forth the action or proceeding in which such moneys were collected, the name and residence of the defendant, the nature of the offense, and the fine or penalty imposed.

2. All fines and penalties, except for violations of article six of this chapter, collected for violations of this chapter by courts operating pursuant to section thirty-nine of the judiciary law shall be paid to the state commissioner of taxation and finance on a monthly basis no later than ten days after the last day of each month.

3. All fines and penalties imposed for violations of article four of this chapter under judgment of any town or village court or justice or pursuant to compromise which are paid over by such court or justice to the comptroller shall be deposited by, the comptroller into the "I love NY waterways" boat ing safety fund established pursuant to section ninety-seven-m of the state finance law.

§ 47. Sections 120.03 and 125. 12 of the penal law, as separately amended by chapters 173 and 452 of the laws of 1990, are amended to read as follows: $ 120.03 Vehicular assault in the second degree.

A person is guilty of vehicular assault in the second degree when:

(1) with criminal negligence he causes serious physical injury to another person, and either (2)

such serious physical injury by operation of a vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law or by operation of a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, or

(3) causes such serious physical injury by operation of a motor vehi; cle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, by operation of a snowmobile in violation of paragraph (b), (c) or (a) of subdivision one of section 25. 24 of the parks, recreation and historic preservation law or by operation of an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty

of the vehicle and traffic law and in violation of paragraph (b), (c) or (d) of subdivision one of section 25. 24 of the parks, recreation and historic preservation law.

Vehicular assault in the second degree is a class E felony. § 125. 12 Vehicular manslaughter in the second degree.

A person is guilty of vehicular manslaughter in the second degree when he: (1)

commits the crime of criminally negligent homicide as defined in section 125. 10, and either

(2) causes the death of such other person by operation of a vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law or by operation of a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, or

(3), causes the death of such other person by operation of a motor vehicle with a gross vehicle weight rating of

than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred

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