S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1192
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by M. of A. LAVINE -- Multi-Sponsored by -- M. of A. RAIA --
         read once and referred to the Committee on Tourism,  Parks,  Arts  and
         Sports Development
       AN  ACT to amend the navigation law, in relation to requirements for the
         operation of a boat in tidewaters
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  49 of the navigation law, as
    2  amended by chapter 361 of the laws  of  2013,  is  amended  to  read  as
    3  follows:
    4    1. No person [born on or after May first, nineteen hundred ninety-six]
    5  shall operate a mechanically propelled vessel on the navigable waters of
    6  the  state or any tidewaters bordering on or lying within the boundaries
    7  of Nassau and Suffolk counties, unless:
    8    a. the operator is at least [ten] FOURTEEN years old and is the holder
    9  of a boating safety certificate issued to him or her by the  commission-
   10  er,  the  United States Power Squadrons or the United States coast guard
   11  auxiliary; or
   12    b. [the operator is younger than eighteen years of age, and is  accom-
   13  panied  on  the mechanically propelled vessel by at least one person who
   14  is at least eighteen years of age and is
   15    (i) the holder of a boating safety certificate issued to him or her by
   16  the commissioner, the United States Power Squadrons or the United States
   17  coast guard auxiliary, or
   18    (ii) not required by this subdivision to hold a boating safety certif-
   19  icate in order to operate a mechanically propelled vessel; or
   20    c.] the operator is eighteen years  of  age  or  older,  is  a  person
   21  required  by  this  subdivision  to hold a boating safety certificate in
   22  order to operate a mechanically propelled vessel, and is accompanied  on
   23  the mechanically propelled vessel by at least one person who is at least
   24  eighteen years of age and the holder of a boating safety certificate; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03310-01-5
       A. 1192                             2
    1    [d.]  C.  the operator is the owner of a recently purchased vessel and
    2  may operate such vessel without the otherwise  required  boating  safety
    3  certificate  for  a period of time not to exceed one hundred twenty days
    4  from the date of purchase.
    5    [e.]  D. The provisions of this subdivision shall not apply to persons
    6  who are: [born before April  thirtieth,  nineteen  hundred  ninety-six;]
    7  certified  by the commissioner as boating safety instructors; members of
    8  the United States Power Squadrons; members of the  United  States  coast
    9  guard  auxiliary;  holders of public vessel licenses pursuant to section
   10  sixty-four of  this  article;  police  officers,  peace  officers,  fire
   11  personnel,  rescue  personnel  or  lifeguards,  when  any such person is
   12  acting pursuant to assigned duties; or licensed to  operate  vessels  by
   13  the  United  States coast guard or the Canadian coast guard. The commis-
   14  sioner, by rule or regulation, may provide for the  exemption  of  addi-
   15  tional  persons  not  listed  in this paragraph from the requirements of
   16  this section.
   17    [f.] E. The provisions of this subdivision shall supersede  all  local
   18  laws  or  ordinances relating to requirements for boating safety certif-
   19  icates to operate a mechanically propelled vessel.
   20    F. EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN,  THE  PROVISIONS  OF
   21  THIS  SUBDIVISION  SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND TWEN-
   22  TY-TWO YEARS OF AGE; EFFECTIVE JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,
   23  THE  PROVISIONS  OF  THIS SUBDIVISION SHALL APPLY TO ALL PERSONS BETWEEN
   24  FOURTEEN AND TWENTY-EIGHT YEARS OF AGE;  EFFECTIVE  JANUARY  FIRST,  TWO
   25  THOUSAND EIGHTEEN, THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL
   26  PERSONS BETWEEN FOURTEEN AND THIRTY-FOUR YEARS OF AGE; EFFECTIVE JANUARY
   27  FIRST,  TWO  THOUSAND NINETEEN, THE PROVISIONS OF THIS SUBDIVISION SHALL
   28  APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY YEARS OF AGE;  EFFECTIVE
   29  JANUARY  FIRST,  TWO THOUSAND TWENTY, THE PROVISIONS OF THIS SUBDIVISION
   30  SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY-SIX YEARS OF  AGE;
   31  EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE PROVISIONS OF THIS
   32  SUBDIVISION SHALL APPLY TO ALL PERSONS.
   33    S  2. Paragraphs a and b of subdivision 3 of section 49 of the naviga-
   34  tion law, as added by chapter 361 of the laws of 2013,  are  amended  to
   35  read as follows:
   36    a.  the  operator  is  [born  on  or  before April thirtieth, nineteen
   37  hundred ninety-six] EIGHTEEN YEARS OF AGE OR OLDER; or
   38    b. the operator is born on or after May first, nineteen hundred  nine-
   39  ty-six,  is  at least [ten] FOURTEEN years of age and is the holder of a
   40  boating safety certificate issued to him or her by the commissioner, the
   41  United States Power Squadrons or the United States coast guard  auxilia-
   42  ry[,]; or
   43    S  3.  Section  79 of the navigation law, as amended by chapter 361 of
   44  the laws of 2013, is amended to read as follows:
   45    S 79. Courses of instruction. 1. For the purpose of giving such cours-
   46  es of instruction and awarding boating safety certificates, the  commis-
   47  sioner  may  designate  as  his or her agent any person the commissioner
   48  deems qualified to act in such capacity, including, but not limited  to,
   49  certified instructors of the United States coast guard auxiliary, United
   50  States  power  squadrons, American power boat association, boy scouts of
   51  America, Red Cross and other organizations.  No charge whatsoever  shall
   52  be  made  to any person less than eighteen years of age for the issuance
   53  of a boating safety certificate. Persons less than eighteen years of age
   54  may be charged a fee for instruction in boating safety, except that  the
   55  office  may  not charge a fee when providing such instruction to persons
   56  less than eighteen years of age.
       A. 1192                             3
    1    2. [The commissioner is authorized,  at  his  or  her  discretion,  to
    2  develop  a method for approving internet-based boating safety courses as
    3  an  appropriate  and  effective  method  for  the   administration   and
    4  completion  of  training  in  the  safe  operation of vessels, including
    5  personal watercraft and specialty prop-craft, for the purposes of award-
    6  ing  a  boating safety certificate pursuant to this section] ALL COURSES
    7  OF INSTRUCTION MUST BE PROCTORED; ONLINE CLASSES ARE NOT PERMITTED.
    8    S 4. This act shall take effect immediately.