Bill Text: NY A04853 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete a boating safety course.

Spectrum: Slight Partisan Bill (Democrat 60-25)

Status: (Introduced) 2019-06-04 - substituted by s5685 [A04853 Detail]

Download: New_York-2019-A04853-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4853
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced   by   M.  of  A.  JEAN-PIERRE,  COOK,  M. G. MILLER,  ORTIZ,
          SEAWRIGHT, D'URSO, McDONOUGH, DICKENS, RAIA, MONTESANO, GIGLIO, RAMOS,
          RIVERA, TITUS, QUART, LAVINE, GALEF, JAFFEE,  WOERNER,  LAWRENCE,  RA,
          NIOU,  BARRON,  BICHOTTE,  DINOWITZ,  BENEDETTO, ARROYO, L. ROSENTHAL,
          BYRNE, CARROLL, M. L. MILLER,  GARBARINO,  PRETLOW,  DiPIETRO,  JOHNS,
          BARRETT,  ABINANTI,  WEPRIN,  WALSH,  SANTABARBARA,  CUSICK, WILLIAMS,
          AUBRY, HEVESI,  B. MILLER,  MOSLEY,  BUCHWALD,  DE LA ROSA,  BRABENEC,
          COLTON,  SOLAGES, PERRY, STERN, STIRPE, WALKER, STECK, HYNDMAN, TAGUE,
          PALUMBO, TAYLOR, SMITH,  FAHY,  RODRIGUEZ,  FINCH,  PICHARDO,  HAWLEY,
          DILAN  --  Multi-Sponsored  by -- M. of A. ABBATE, ASHBY, BLANKENBUSH,
          DAVILA, DenDEKKER, ENGLEBRIGHT,  EPSTEIN,  FITZPATRICK,  FRIEND,  KIM,
          LENTOL,  LUPARDO,  PALMESANO,  SIMON, SIMOTAS, THIELE -- read once and
          referred to the Committee on Tourism, Parks, Arts and Sports  Develop-
          ment
        AN  ACT  to  amend the navigation law, in relation to enacting Brianna's
          Law
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Brianna's Law".
     3    § 2. Subdivision 1 of section 49 of the navigation law, as amended  by
     4  by  chapter 361 of the laws of 2013, paragraph a and subparagraph (i) of
     5  paragraph b as amended by chapter 386 of the laws of 2017, is amended to
     6  read as follows:
     7    1. No person [born on or after May first, nineteen hundred ninety-six]
     8  shall operate a mechanically propelled vessel on the navigable waters of
     9  the state or any tidewaters bordering on or lying within the  boundaries
    10  of Nassau and Suffolk counties, unless[:
    11    a.]  the  operator  is  at  least ten years old and is the holder of a
    12  boating safety certificate issued to him or her  upon  completion  of  a
    13  boating safety course by the commissioner, the United States Power Squa-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09082-01-9

        A. 4853                             2
     1  drons,  the  United  States  coast  guard auxiliary or the United States
     2  sailing association for a  powerboating  course  or  courses  which  are
     3  approved by the commissioner[; or
     4    b. the operator is younger than eighteen years of age, and is accompa-
     5  nied  on the mechanically propelled vessel by at least one person who is
     6  at least eighteen years of age and is
     7    (i) the holder of a boating safety certificate issued to him or her by
     8  the commissioner, the United States Power Squadrons, the  United  States
     9  coast  guard  auxiliary  or  the United States sailing association for a
    10  powerboating course or courses which are approved by  the  commissioner,
    11  or
    12    (ii) not required by this subdivision to hold a boating safety certif-
    13  icate in order to operate a mechanically propelled vessel; or
    14    c.  the  operator  is  eighteen  years  of  age  or older, is a person
    15  required by this subdivision to hold a  boating  safety  certificate  in
    16  order  to operate a mechanically propelled vessel, and is accompanied on
    17  the mechanically propelled vessel by at least one person who is at least
    18  eighteen years of age and the holder of a boating safety certificate; or
    19    d. the operator is the owner of a recently purchased  vessel  and  may
    20  operate  such  vessel  without  the  otherwise  required  boating safety
    21  certificate for a period of time not to exceed one hundred  twenty  days
    22  from the date of purchase].
    23    [e.]  a. The provisions of this subdivision shall not apply to persons
    24  who are: [born before April  thirtieth,  nineteen  hundred  ninety-six;]
    25  certified  by the commissioner as boating safety instructors; members of
    26  the United States Power Squadrons; members of the  United  States  coast
    27  guard  auxiliary;  holders of public vessel licenses pursuant to section
    28  sixty-four of  this  article;  police  officers,  peace  officers,  fire
    29  personnel,  rescue  personnel  or  lifeguards,  when  any such person is
    30  acting pursuant to assigned duties; or licensed to  operate  vessels  by
    31  the  United  States coast guard or the Canadian coast guard. The commis-
    32  sioner, by rule or regulation, may provide for the  exemption  of  addi-
    33  tional  persons  not  listed  in this paragraph from the requirements of
    34  this section.
    35    [f.] b. The provisions of this subdivision shall supersede  all  local
    36  laws  or  ordinances relating to requirements for boating safety certif-
    37  icates to operate a mechanically propelled vessel.
    38    c. For purposes of the section:
    39    (i) "boating safety course" shall mean a course  of  instruction  that
    40  has  been approved by the commissioner pursuant to sections seventy-five
    41  and seventy-nine of this article; and
    42    (ii) "boating safety certificate" shall mean a document  which  cannot
    43  be  altered and which is provided to a person who successfully completes
    44  a boating safety course.
    45    § 3. Section 79 of the navigation law, as amended by  chapter  361  of
    46  the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
    47  2017, is amended to read as follows:
    48    § 79. Courses of instruction. 1. For the purpose of giving such cours-
    49  es  of instruction and awarding boating safety certificates, the commis-
    50  sioner may designate as his or her agent  any  person  the  commissioner
    51  deems  qualified to act in such capacity, including, but not limited to,
    52  certified instructors of the United States coast guard auxiliary, United
    53  States power squadrons, the United  States  sailing  association  for  a
    54  powerboating  course  or courses which are approved by the commissioner,
    55  American power boat association, boy scouts of America,  Red  Cross  and
    56  other  organizations.  No  charge whatsoever shall be made to any person

        A. 4853                             3
     1  less than eighteen years of age for the issuance  of  a  boating  safety
     2  certificate.  Persons  less  than eighteen years of age may be charged a
     3  fee for instruction in boating safety, except that the  office  may  not
     4  charge  a fee when providing such instruction to persons less than eigh-
     5  teen years of age.
     6    2. The commissioner is authorized, at his or her discretion, to devel-
     7  op a method for approving internet-based boating safety  courses  as  an
     8  appropriate  and  effective method for the administration and completion
     9  of training in the safe operation of vessels, including personal  water-
    10  craft  and  specialty prop-craft, for the purposes of awarding a boating
    11  safety certificate pursuant to this section.    All  approved  internet-
    12  based  boating safety courses shall verify the identity of each individ-
    13  ual taking such course, prior to awarding a boating safety  certificate,
    14  in  accordance with rules and regulations promulgated by the commission-
    15  er.
    16    § 4. This act shall take effect one year after it shall have become  a
    17  law. Effective immediately, the addition, amendment and/or repeal of any
    18  rule  or  regulation necessary for the implementation of this act on its
    19  effective date are authorized to be made and completed on or before such
    20  effective date.
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