Bill Text: NY S03399 | 2019-2020 | General Assembly | Amended


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

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Introduced) 2019-05-07 - AMENDED ON THIRD READING 3399A [S03399 Detail]

Download: New_York-2019-S03399-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3399--A
            Cal. No. 516
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by  Sens.  BROOKS, BAILEY, BOYLE, BRESLIN, CARLUCCI, COMRIE,
          FUNKE, GAUGHRAN, HARCKHAM, KAMINSKY, KAPLAN, KRUEGER, LANZA, MARTINEZ,
          PERSAUD, RIVERA, SAVINO, SEPULVEDA, SERRANO, STAVISKY, THOMAS --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Transportation -- reported favorably from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        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  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 approved by the commissioner,  the  United  States
    14  Power  Squadrons,  the United States coast guard auxiliary or the United
    15  States sailing association for a powerboating course  or  courses  which
    16  are 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09082-06-9

        S. 3399--A                          2

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

        S. 3399--A                          3
     1    2. The commissioner is authorized, at his or her discretion, to devel-
     2  op a method for approving internet-based boating safety  courses  as  an
     3  appropriate  and  effective method for the administration and completion
     4  of training in the safe operation of vessels, including personal  water-
     5  craft  and  specialty prop-craft, for the purposes of awarding a boating
     6  safety certificate pursuant to this section. All approved internet-based
     7  boating safety courses shall employ methods to ensure attendance of  the
     8  student throughout the course.
     9    § 4. This act shall take effect January 1, 2020 and shall apply to all
    10  operators  born  on  or  after  January 1, 1993, provided further on and
    11  after January 1, 2021 and before January 1, 2022 this act shall apply to
    12  all operators born on or after January 1, 1990; provided further on  and
    13  after January 1, 2022 and before January 1, 2023 this act shall apply to
    14  all  operators born on or after January 1, 1987; provided further on and
    15  after January 1, 2023 and before January 1, 2024 this act shall apply to
    16  all operators born on or after January 1, 1984; provided further on  and
    17  after January 1, 2024 and before January 1, 2025 this act shall apply to
    18  all  operators born on or after January 1, 1981; provided further on and
    19  after January 1, 2025 and before January 1, 2026 this act shall apply to
    20  all operators born on or after January 1, 1978; provided further on  and
    21  after January 1, 2026 and before January 1, 2027 this act shall apply to
    22  all operators.
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