Bill Text: NY A09806 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete a boating safety course.

Spectrum: Slight Partisan Bill (Democrat 72-32)

Status: (Engrossed - Dead) 2018-06-19 - REFERRED TO RULES [A09806 Detail]

Download: New_York-2017-A09806-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9806
                   IN ASSEMBLY
                                    February 9, 2018
                                       ___________
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Tourism, Parks, Arts and Sports Development
        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-
    14  drons, the United States coast guard  auxiliary  or  the  United  States
    15  sailing  association  for  a  powerboating  course  or courses which are
    16  approved by the commissioner[; or
    17    b. the operator is younger than eighteen years of age, and is accompa-
    18  nied on the mechanically propelled vessel by at least one person who  is
    19  at least eighteen years of age and is
    20    (i) the holder of a boating safety certificate issued to him or her by
    21  the  commissioner,  the United States Power Squadrons, the United States
    22  coast guard auxiliary or the United States  sailing  association  for  a
    23  powerboating  course  or courses which are approved by the commissioner,
    24  or
    25    (ii) not required by this subdivision to hold a boating safety certif-
    26  icate in order to operate a mechanically propelled vessel; or
    27    c. the operator is eighteen  years  of  age  or  older,  is  a  person
    28  required  by  this  subdivision  to hold a boating safety certificate in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14391-03-8
        A. 9806                             2

     1  order to operate a mechanically propelled vessel, and is accompanied  on
     2  the mechanically propelled vessel by at least one person who is at least
     3  eighteen years of age and the holder of a boating safety certificate; or
     4    d.  the  operator  is the owner of a recently purchased vessel and may
     5  operate such  vessel  without  the  otherwise  required  boating  safety
     6  certificate  for  a period of time not to exceed one hundred twenty days
     7  from the date of purchase].
     8    [e.] a. The provisions of this subdivision shall not apply to  persons
     9  who  are:  [born  before  April thirtieth, nineteen hundred ninety-six;]
    10  certified by the commissioner as boating safety instructors; members  of
    11  the  United  States  Power Squadrons; members of the United States coast
    12  guard auxiliary; holders of public vessel licenses pursuant  to  section
    13  sixty-four  of  this  article;  police  officers,  peace  officers, fire
    14  personnel, rescue personnel or  lifeguards,  when  any  such  person  is
    15  acting  pursuant  to  assigned duties; or licensed to operate vessels by
    16  the United States coast guard or the Canadian coast guard.  The  commis-
    17  sioner,  by  rule  or regulation, may provide for the exemption of addi-
    18  tional persons not listed in this paragraph  from  the  requirements  of
    19  this section.
    20    [f.]  b.  The provisions of this subdivision shall supersede all local
    21  laws or ordinances relating to requirements for boating  safety  certif-
    22  icates to operate a mechanically propelled vessel.
    23    c. For purposes of the section:
    24    (i)  "boating  safety  course"  shall  mean  an in-classroom course of
    25  instruction that has been  approved  by  the  commissioner  pursuant  to
    26  sections seventy-five and seventy-nine of this article; and
    27    (ii)  "boating  safety certificate" shall mean a document which cannot
    28  be altered and which is provided to a person who successfully  completes
    29  a boating safety course.
    30    §  3.  Section  79 of the navigation law, as amended by chapter 361 of
    31  the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
    32  2017, is amended to read as follows:
    33    § 79. Courses of instruction. [1.] For  the  purpose  of  giving  such
    34  courses  of  instruction  and  awarding boating safety certificates, the
    35  commissioner may designate as his or her agent any  person  the  commis-
    36  sioner  deems  qualified  to  act  in  such capacity, including, but not
    37  limited to, certified instructors  of  the  United  States  coast  guard
    38  auxiliary,  United  States  power  squadrons,  the United States sailing
    39  association for a powerboating course or courses which are  approved  by
    40  the  commissioner, American power boat association, boy scouts of Ameri-
    41  ca, Red Cross and other organizations. No  charge  whatsoever  shall  be
    42  made to any person less than eighteen years of age for the issuance of a
    43  boating  safety certificate. Persons less than eighteen years of age may
    44  be charged a fee for instruction in  boating  safety,  except  that  the
    45  office  may  not charge a fee when providing such instruction to persons
    46  less than eighteen years of age.
    47    [2. The commissioner is authorized,  at  his  or  her  discretion,  to
    48  develop  a method for approving internet-based boating safety courses as
    49  an  appropriate  and  effective  method  for  the   administration   and
    50  completion  of  training  in  the  safe  operation of vessels, including
    51  personal watercraft and specialty prop-craft, for the purposes of award-
    52  ing a boating safety certificate pursuant to this section.]
    53    § 4. Section 75 of the navigation law, as amended by  chapter  361  of
    54  the laws of 2013, is amended to read as follows:
    55    § 75. Educational  program. In order to protect the public interest in
    56  the prudent and equitable use of the waters of the state and enhance the
        A. 9806                             3
     1  enjoyment of pleasure boating and other sports thereon, the commissioner
     2  shall initiate and put into effect a comprehensive  in-classroom  educa-
     3  tional  program  designed  to advance boating safety, which provides for
     4  the  training  of  all  boat  operators in the safe operation of vessels
     5  including personal watercraft and specialty prop-craft.
     6    § 5. This act shall take effect on the sixtieth  day  after  it  shall
     7  have become a law. Effective immediately, the addition, amendment and/or
     8  repeal  of  any  rule  or regulation necessary for the implementation of
     9  this act on its effective date are authorized to be made  and  completed
    10  on or before such effective date.