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VETO MESSAGE - No. 72
TO THE ASSEMBLY:
I am returning herewith, without my approval, the following bills:
Assembly Bill Number 5565, entitled:
"AN ACT to amend the navigation law, in relation to requiring work-
ing marine carbon monoxide detectors to be carried on certain
boats"
Assembly Bill Number 5837-B, entitled:
"AN ACT to amend the general business law, in relation to requiring
publishers to offer licenses for electronic books to libraries
under reasonable terms"
NOT APPROVED
Assembly Bill 5565
This bill would amend the Navigation Law to prohibit the sale of newly
manufactured, or substantially renovated, vessels with an enclosed
compartment unless the vessel is equipped with a new marine carbon
monoxide detection system installed in accordance with the manufactur-
er's instructions. While I can appreciate the public safety concern
sought to be addressed by the bill, state regulation of recreational
vessels and associated equipment is expressly preempted by the Federal
Boat Safety Act of 1971. Accordingly, the State is prevented by federal
law from establishing an equipment or safety standard that is not iden-
tical to a regulation adopted pursuant to 46 U.S.C. §4302, et. seq. As
there is no nationwide standard that requires installation of a carbon
monoxide system, I am prevented from adopting a standard specific to
sales in New York.
However, I agree with the intent of the sponsors that boats with
enclosed compartments should have carbon monoxide detection systems.
Therefore, I have asked the Department of Motor Vehicles to contact boat
owners to encourage them to install such systems if their boat has an
enclosed compartment.
Assembly Bill 5837-B
This bill would require publishers of books to provide multiple copies
of electronic versions of literary works to libraries under "reasonable
terms". The bill would define reasonable terms to include a limitation
on the number of users to whom the libraries may simultaneously provide
access to the electronic books; a limitation on the number of days the
libraries may provide a user with access to the electronic books; and
the use of technological protection measures that would prevent a user
from maintaining access to the electronic books beyond the access period
set forth in the license, and from providing other users with access to
the electronic books. While the goal of this bill is laudable, unfortu-
nately, copyright protection provides the author of a work with the
exclusive right to their works. As such, federal law would allow the
author, and only the author, to determine to whom they wish to share
their work and on what terms. Because the provisions of this bill are
preempted by federal copyright law, I cannot support this bill.
These bills are disapproved. (signed) KATHY HOCHUL
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