Bill Text: NY A10805 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires all persons who operate a mechanically propelled vessel to hold a boating safety certificate; requires the department of parks, recreation and historic preservation, in conjunction with the department of motor vehicles, to conduct a twenty-four month focused public information session campaign to make the public aware of changes to the boating safety certificate requirements.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-08-10 - referred to tourism, parks, arts and sports development [A10805 Detail]
Download: New_York-2011-A10805-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10805 I N A S S E M B L Y August 10, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weisenberg, Englebright) -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development AN ACT to amend the navigation law and the vehicle and traffic law, in relation to boating safety certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 1 and 3 of section 49 of the navigation law, 2 as amended by chapter 805 of the laws of 1992, are amended to read as 3 follows: 4 1. No person under the age of [eighteen] TEN years shall operate a 5 mechanically propelled vessel on the navigable waters of the state or 6 any tidewaters bordering on or lying within the boundaries of Nassau and 7 Suffolk counties[, unless:]. NO PERSON TEN YEARS OF AGE OR OLDER SHALL 8 OPERATE A MECHANICALLY PROPELLED VESSEL ON THE NAVIGABLE WATERS OF THE 9 STATE OR ANY TIDEWATER BORDERING ON OR LYING WITHIN THE BOUNDARIES OF 10 NASSAU AND SUFFOLK COUNTIES, EXCEPT AS FOLLOWS: 11 a. [the operator is accompanied therein by a person who is eighteen 12 years of age or older, or,] PERSONS TEN YEARS OF AGE TO THIRTEEN YEARS 13 OF AGE SHALL ONLY OPERATE A MECHANICALLY PROPELLED VESSEL WHEN ACCOMPA- 14 NIED BY A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS THE HOLDER OF A 15 BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE 16 UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY 17 OR OTHER STATE OR GOVERNMENT; 18 b. [the operator is ten years of age or older and is the holder of a 19 boating safety certificate issued to him by the commissioner, the United 20 States Power Squadrons or the United States coast guard auxiliary.] 21 PERSONS FOURTEEN YEARS OF AGE OR OLDER MAY OPERATE A MECHANICALLY 22 PROPELLED VESSEL WHEN ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF AGE OR 23 OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM 24 OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE 25 UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT, OR MAY 26 OPERATE A MECHANICALLY PROPELLED VESSEL UNACCOMPANIED IF SUCH PERSON IS 27 THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16369-14-2 A. 10805 2 1 COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST 2 GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT; PROVIDED, HOWEVER, THAT A 3 PERSON FOURTEEN YEARS OF AGE TO SEVENTEEN YEARS OF AGE WHO IS THE HOLDER 4 OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSION- 5 ER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD 6 AUXILIARY OR OTHER STATE OR GOVERNMENT MAY ONLY OPERATE A MECHANICALLY 7 PROPELLED VESSEL UNACCOMPANIED BETWEEN SUNRISE AND SUNSET; 8 3. No person who is the owner of a mechanically propelled vessel shall 9 knowingly authorize or permit the operation thereof on the navigable 10 waters of the state or any tidewaters bordering on or lying within the 11 boundaries of Nassau and Suffolk counties, unless: 12 a. the operator is [eighteen years of age or older] TEN YEARS OF AGE 13 TO THIRTEEN YEARS OF AGE AND ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF 14 AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO 15 HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE 16 UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT or, 17 b. the operator is [accompanied therein by a person eighteen years of 18 age or older or, 19 c. the operator is ten years of age or older and is the holder of a 20 boating safety certificate issued to him by the commissioner, the United 21 States Power Squadrons or the United States Coast Guard Auxiliary] FOUR- 22 TEEN YEARS OF AGE OR OLDER AND ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF 23 AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO 24 HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE 25 UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT, OR IS 26 OPERATING BETWEEN SUNRISE AND SUNSET AND IS THE HOLDER OF A BOATING 27 SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED 28 STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER 29 STATE OR GOVERNMENT. 30 S 2. Section 75 of the navigation law, as amended by chapter 138 of 31 the laws of 1998, is amended to read as follows: 32 S 75. Educational program. In order to protect the public interest in 33 the prudent and equitable use of the waters of the state and enhance the 34 enjoyment of pleasure boating and other sports thereon, the commissioner 35 shall initiate and put into effect a comprehensive educational program 36 designed to advance boating safety [including], WHICH PROVIDES FOR the 37 training of [youthful] ALL boat operators [and an adult education 38 program for] IN the safe operation of vessels including personal water- 39 craft and specialty prop-craft. 40 S 3. Subdivision 1 of section 78 of the navigation law, as amended by 41 chapter 138 of the laws of 1998, is amended to read as follows: 42 1. "Boating safety certificate" shall mean a certificate issued by the 43 commissioner evidencing that the holder thereof has successfully 44 completed a course of instruction in boating safety as [herein after] 45 provided IN THIS SECTION. The commissioner shall put into effect a plan 46 for the training of [youthful] ALL boat operators and the issuance of 47 such boating safety certificates. For the purposes of this section, the 48 term "boating safety" shall include instruction in the safe operation of 49 personal watercraft and specialty prop-craft. 50 S 4. Section 79 of the navigation law, as amended by chapter 169 of 51 the laws of 2004, is amended to read as follows: 52 S 79. Courses of instruction. For the purpose of giving such courses 53 of instruction and awarding boating safety certificates, [including 54 those issued to adults for the safe operation of vessels including 55 personal watercraft or specialty prop-craft] the commissioner may desig- 56 nate as his or her agent any person the commissioner deems qualified to A. 10805 3 1 act in such capacity, including, but not limited to, certified instruc- 2 tors of the United States coast guard auxiliary, United States power 3 squadrons, American power boat association, boy scouts of America, Red 4 Cross and other organizations. No charge whatsoever shall be made to any 5 person less than eighteen years of age for the issuance of a boating 6 safety certificate. Persons less than eighteen years of age may be 7 charged a fee for instruction in boating safety, except that the office 8 may not charge a fee when providing such instruction to persons less 9 than eighteen years of age. 10 S 5. The navigation law is amended by adding two new sections 78-b and 11 78-c to read as follows: 12 S 78-B. COURSES OF INSTRUCTION FOR RENTERS OF VESSELS. THE COMMISSION- 13 ER SHALL ESTABLISH RULES AND REGULATIONS PURSUANT TO SECTION 14 SEVENTY-SEVEN OF THIS PART PROVIDING FOR A COURSE OF INSTRUCTION FOR AND 15 THE ISSUANCE OF A TEMPORARY BOATING SAFETY CERTIFICATE TO RENTERS OF 16 VESSELS. 17 S 78-C. WRITTEN TEST IN LIEU OF COURSE OF INSTRUCTION. THE COMMISSION- 18 ER SHALL ESTABLISH RULES AND REGULATIONS PURSUANT TO SECTION 19 SEVENTY-SEVEN OF THIS PART PROVIDING FOR A WRITTEN TEST IN LIEU OF A 20 COURSE OF INSTRUCTION FOR PERSONS OVER THE AGE OF EIGHTEEN AS OF THE 21 EFFECTIVE DATE OF THIS SECTION THAT ATTEST TO HAVING ACQUIRED IN EXCESS 22 OF ONE HUNDRED HOURS OF OPERATION OF A MECHANICALLY PROPELLED VESSEL. 23 S 6. Section 2251 of the vehicle and traffic law is amended by adding 24 a new subdivision 10 to read as follows: 25 10. BOATING SAFETY CERTIFICATES. THE OWNER OF EACH VESSEL REQUIRING 26 REGISTRATION UNDER THIS SECTION SHALL PRESENT TO THE COMMISSIONER AT THE 27 TIME OF REGISTRATION, RE-REGISTRATION OR CHANGE OF OWNERSHIP PROOF THAT 28 THE OWNER IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED PURSUANT 29 TO PART FIVE OF ARTICLE FOUR OF THE NAVIGATION LAW PRIOR TO REGISTRA- 30 TION. 31 S 7. This act shall take effect immediately and the department of 32 parks, recreation and historic preservation, in consultation with the 33 department of motor vehicles, shall conduct a two year public informa- 34 tion campaign to make the public aware of changes to the boating safety 35 certificate requirements; provided however that 180 days after the 36 effective date of this act, persons under the age of eighteen may not 37 operate a mechanically propelled vessel pursuant to the provisions of 38 section one of this act unless they are holders of a boating safety 39 certificate; provided further that one year after the effective date of 40 this act, persons eighteen years of age and older who were not regis- 41 trants of vessels pursuant to article 48 of the vehicle and traffic law 42 as of the effective date of this act may not operate a mechanically 43 propelled vessel pursuant to section one of this act; and, provided 44 further that two years after the effective date of this act, persons 45 eighteen years of age and older who were registrants of vessels pursuant 46 to article 48 of the vehicle and traffic law as of the effective date of 47 this act may not operate a mechanically propelled vessel pursuant to 48 section one of this act.