|SAME AS||SAME AS S01639-A|
|COSPNSR||Paulin, Jaffee, Roberts, Lavine, Englebright, Abinanti, Montesano, Raia|
|MLTSPNSR||Gottfried, Hooper, Solages, Tenney|
|Amd SS49, 75, 78, 79 & 71-d, rpld S49 sub 3 a - c, Nav L|
|Requires boating safety certificates of all persons operating a mechanically propelled vessel.|
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STATE OF NEW YORK ________________________________________________________________________ 3471--A Cal. No. 252 2013-2014 Regular Sessions IN ASSEMBLY January 25, 2013 ___________ Introduced by M. of A. GALEF, PAULIN, JAFFEE, ROBERTS, LAVINE, ENGLE- BRIGHT, ABINANTI, MONTESANO -- Multi-Sponsored by -- M. of A. GOTT- FRIED, HOOPER, SOLAGES, TENNEY -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development -- reported and referred to the Committee on Rules -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the navigation law, in relation to requiring all persons operating a mechanically propelled vessel to be a holder of a boating safety certificate; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 49 of the navigation law, as 2 amended by chapter 805 of the laws of 1992, is amended to read as 3 follows: 4 1. No person [ under the age of eighteen years] born on or after May 5 first, nineteen hundred ninety-six shall operate a mechanically 6 propelled vessel on the navigable waters of the state or any tidewaters 7 bordering on or lying within the boundaries of Nassau and Suffolk coun- 8 ties, unless: 9 a. [ the operator is accompanied therein by a person who is eighteen10 years of age or older, or,11 b. the operator is ten years of age or older and is the holder of a12 boating safety certificate issued to him by the commissioner, the United13 States Power Squadrons or the United States coast guard auxiliary.] the 14 operator is at least ten years old and is the holder of a boating safety 15 certificate issued to him or her by the commissioner, the United States 16 Power Squadrons or the United States coast guard auxiliary; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04200-05-3A. 3471--A 2 1 b. the operator is younger than eighteen years of age, and is accompa- 2 nied on the mechanically propelled vessel by at least one person who is 3 at least eighteen years of age and is 4 (i) the holder of a boating safety certificate issued to him or her by 5 the commissioner, the United States Power Squadrons or the United States 6 coast guard auxiliary, or 7 (ii) not required by this subdivision to hold a boating safety certif- 8 icate in order to operate a mechanically propelled vessel; or 9 c. the operator is eighteen years of age or older, is a person 10 required by this subdivision to hold a boating safety certificate in 11 order to operate a mechanically propelled vessel, and is accompanied on 12 the mechanically propelled vessel by at least one person who is at least 13 eighteen years of age and the holder of a boating safety certificate; or 14 d. the operator is the owner of a recently purchased vessel and may 15 operate such vessel without the otherwise required boating safety 16 certificate for a period of time not to exceed one hundred twenty days 17 from the date of purchase. 18 e. The provisions of this subdivision shall not apply to persons who 19 are: born before April thirtieth, nineteen hundred ninety-six; certi- 20 fied by the commissioner as boating safety instructors; members of the 21 United States Power Squadrons; members of the United States coast guard 22 auxiliary; holders of public vessel licenses pursuant to section sixty- 23 four of this article; police officers, peace officers, fire personnel, 24 rescue personnel or lifeguards, when any such person is acting pursuant 25 to assigned duties; or licensed to operate vessels by the United States 26 coast guard or the Canadian coast guard. The commissioner, by rule or 27 regulation, may provide for the exemption of additional persons not 28 listed in this paragraph from the requirements of this section. 29 f. The provisions of this subdivision shall supersede all local laws 30 or ordinances relating to requirements for boating safety certificates 31 to operate a mechanically propelled vessel. 32 § 2. Paragraphs a, b, and c of subdivision 3 of section 49 of the 33 navigation law are REPEALED and five new paragraphs a, b, c, d and e are 34 added to read as follows: 35 a. the operator is born on or before April thirtieth, nineteen hundred 36 ninety-six; or, 37 b. the operator is born on or after May first, nineteen hundred nine- 38 ty-six, is at least ten years of age and is the holder of a boating 39 safety certificate issued to him or her by the commissioner, the United 40 States Power Squadrons or the United States coast guard auxiliary, or 41 c. the operator is younger than eighteen years of age, and is accompa- 42 nied on the mechanically propelled vessel by at least one person eigh- 43 teen years of age or older and is: 44 (i) the holder of a boating safety certificate issued to him or her by 45 the commissioner, the United States Power Squadrons or the United States 46 coast guard auxiliary, or 47 (ii) not required by subdivision one of this section to hold a boating 48 safety certificate in order to operate a mechanically propelled vessel; 49 or 50 d. the operator is eighteen years of age or older, is a person 51 required by subdivision one of this section to hold a boating safety 52 certificate in order to operate a mechanically propelled vessel, and is 53 accompanied by a person who is at least eighteen years of age and is the 54 holder of a boating safety certificate.A. 3471--A 3 1 e. The provisions of this subdivision shall supersede all local laws 2 or ordinances relating to requirements for boating safety certificates 3 to operate a mechanically propelled vessel. 4 § 3. Section 75 of the navigation law, as amended by chapter 138 of 5 the laws of 1998, is amended to read as follows: 6 § 75. Educational program. In order to protect the public interest in 7 the prudent and equitable use of the waters of the state and enhance the 8 enjoyment of pleasure boating and other sports thereon, the commissioner 9 shall initiate and put into effect a comprehensive educational program 10 designed to advance boating safety [ including], which provides for the 11 training of [ youthful] all boat operators [ and an adult education12 program for] in the safe operation of vessels including personal water- 13 craft and specialty prop-craft. 14 § 4. Subdivision 1 of section 78 of the navigation law, as amended by 15 chapter 138 of the laws of 1998, is amended and a new subdivision 3 is 16 added to read as follows: 17 1. "Boating safety certificate" shall mean a certificate issued by the 18 commissioner evidencing that the holder thereof has successfully 19 completed a course of instruction in boating safety as [ herein after] 20 provided in this section. The commissioner shall put into effect a plan 21 for the training of [ youthful] all boat operators and the issuance of 22 such boating safety certificates. For the purposes of this section, the 23 term "boating safety" shall include instruction in the safe operation of 24 personal watercraft and specialty prop-craft. 25 3. The commissioner is authorized and directed to establish a system 26 for tracking and replacing boating safety certificates issued by the 27 commissioner. The commissioner is further authorized to require that any 28 other entity approved by the commissioner to provide courses of instruc- 29 tion and award boating safety certificates establish a system for track- 30 ing and replacing boating safety certificates so as to enable the 31 replacement of lost or stolen certificates to those who have previously 32 been awarded such certificates. 33 § 5. Section 79 of the navigation law, as amended by chapter 169 of 34 the laws of 2004, is amended to read as follows: 35 § 79. Courses of instruction. 1. For the purpose of giving such cours- 36 es of instruction and awarding boating safety certificates, [ including37 those issued to adults for the safe operation of vessels including38 personal watercraft or specialty prop-craft] the commissioner may desig- 39 nate as his or her agent any person the commissioner deems qualified to 40 act in such capacity, including, but not limited to, certified instruc- 41 tors of the United States coast guard auxiliary, United States power 42 squadrons, American power boat association, boy scouts of America, Red 43 Cross and other organizations. No charge whatsoever shall be made to any 44 person less than eighteen years of age for the issuance of a boating 45 safety certificate. Persons less than eighteen years of age may be 46 charged a fee for instruction in boating safety, except that the office 47 may not charge a fee when providing such instruction to persons less 48 than eighteen years of age. 49 2. The commissioner is authorized, at his or her discretion, to devel- 50 op a method for approving internet-based boating safety courses as an 51 appropriate and effective method for the administration and completion 52 of training in the safe operation of vessels, including personal water- 53 craft and specialty prop-craft, for the purposes of awarding a boating 54 safety certificate pursuant to this section. 55 § 6. Section 71-d of the navigation law is amended by adding a new 56 subdivision 1-a to read as follows:A. 3471--A 4 1 1-a. Notwithstanding subdivision one of section forty-nine of this 2 article, a livery may lease, hire or rent a mechanically propelled 3 vessel, except a personal water craft or specialty prop craft, to a 4 person who is not the holder of a boating safety certificate if: 5 (a) the person is eighteen years or older; 6 (b) the operator of such livery or his or her designated agent, is the 7 holder of a boating safety certificate, and prior to permitting the use 8 by such person of the vessel explains and demonstrates to such person by 9 video or actual in water demonstration the operation of such vessel, and 10 the use and location of such vessel's safety equipment; 11 (c) such person, after receiving the explanation and demonstration 12 required pursuant to paragraph (b) of this subdivision, demonstrates to 13 the livery operator or the livery operator's designated agent the abili- 14 ty to operate such vessel and use the applicable safety equipment; 15 (d) such person presents genuine proof of identification and age to 16 the livery operator; 17 (e) the livery operator or the livery operator's designated agent, at 18 the time of the leasing, hiring, or renting, records the name, address, 19 and age of the operator of the leased, hired or rented vessel. Such 20 records shall be maintained for a period of not less than one year; and 21 (f) the vessel is not leased, hired or rented to the same person for a 22 period exceeding sixty days. 23 § 7. This act shall take effect on the first of May next succeeding 24 the date on which it shall have become a law; provided, however, that 25 the addition, amendment and/or repeal of any rule or regulation neces- 26 sary for the implementation of this act on its effective date is author- 27 ized to be made on or before such date.