STATE OF NEW YORK
________________________________________________________________________
5685
2019-2020 Regular Sessions
IN SENATE
May 10, 2019
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11668-02-9
S. 5685 2
1 (ii) not required by this subdivision to hold a boating safety certif-
2 icate in order to operate a mechanically propelled vessel; or
3 c. the operator is eighteen years of age or older, is a person
4 required by this subdivision to hold a boating safety certificate in
5 order to operate a mechanically propelled vessel, and is accompanied on
6 the mechanically propelled vessel by at least one person who is at least
7 eighteen years of age and the holder of a boating safety certificate; or
8 d. the operator is the owner of a recently purchased vessel and may
9 operate such vessel without the otherwise required boating safety
10 certificate for a period of time not to exceed one hundred twenty days
11 from the date of purchase].
12 [e.] a. The provisions of this subdivision shall not apply to persons
13 who are: [born before April thirtieth, nineteen hundred ninety-six;]
14 certified by the commissioner as boating safety instructors; members of
15 the United States Power Squadrons; members of the United States coast
16 guard auxiliary; holders of public vessel licenses pursuant to section
17 sixty-four of this article; police officers, peace officers, fire
18 personnel, rescue personnel or lifeguards, when any such person is
19 acting pursuant to assigned duties; or licensed to operate vessels by
20 the United States coast guard or the Canadian coast guard. The commis-
21 sioner, by rule or regulation, may provide for the exemption of addi-
22 tional persons not listed in this paragraph from the requirements of
23 this section.
24 [f.] b. The provisions of this subdivision shall supersede all local
25 laws or ordinances relating to requirements for boating safety certif-
26 icates to operate a mechanically propelled vessel.
27 c. For purposes of the section:
28 (i) "boating safety course" shall mean a course of instruction that
29 has been approved by the commissioner pursuant to sections seventy-five
30 and seventy-nine of this article; and
31 (ii) "boating safety certificate" shall mean a document which cannot
32 be altered and which is provided to a person who successfully completes
33 a boating safety course.
34 § 3. Section 79 of the navigation law, as amended by chapter 361 of
35 the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
36 2017, is amended to read as follows:
37 § 79. Courses of instruction. 1. For the purpose of giving such cours-
38 es of instruction and awarding boating safety certificates, the commis-
39 sioner may designate as his or her agent any person the commissioner
40 deems qualified to act in such capacity, including, but not limited to,
41 certified instructors of the United States coast guard auxiliary, United
42 States power squadrons, the United States sailing association for a
43 powerboating course or courses which are approved by the commissioner,
44 American power boat association, boy scouts of America, Red Cross and
45 other organizations. No charge whatsoever shall be made to any person
46 less than eighteen years of age for the issuance of a boating safety
47 certificate. Persons less than eighteen years of age may be charged a
48 fee for instruction in boating safety, except that the office may not
49 charge a fee when providing such instruction to persons less than eigh-
50 teen years of age.
51 2. The commissioner is authorized, at his or her discretion, to devel-
52 op a method for approving internet-based boating safety courses as an
53 appropriate and effective method for the administration and completion
54 of training in the safe operation of vessels, including personal water-
55 craft and specialty prop-craft, for the purposes of awarding a boating
56 safety certificate pursuant to this section. All approved internet-based
S. 5685 3
1 boating safety courses shall employ methods to ensure attendance of the
2 student throughout the course.
3 § 4. This act shall take effect January 1, 2020 and shall apply to all
4 operators born on or after January 1, 1993, provided further on and
5 after January 1, 2021 and before January 1, 2022 this act shall apply to
6 all operators born on or after January 1, 1988; provided further on and
7 after January 1, 2022 and before January 1, 2023 this act shall apply to
8 all operators born on or after January 1, 1983; provided further on and
9 after January 1, 2023 and before January 1, 2024 this act shall apply to
10 all operators born on or after January 1, 1978; provided further on and
11 after January 1, 2024 and before January 1, 2025 this act shall apply to
12 all operators.