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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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