A09634 Summary:

BILL NO    A09634 

SAME AS    No same as 

SPONSOR    Lavine

COSPNSR    

MLTSPNSR   Raia

Amd SS49 & 79, Nav L

Relates to requirements for the operation of a boat in tidewaters.
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A09634 Votes:

There are no votes for this bill in this legislative session.
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A09634 Memo:

BILL NUMBER:A9634

TITLE OF BILL:  An act to amend the navigation law, in relation to
requirements for the operation of a boat in tidewaters

PURPOSE OR GENERAL IDEA OF BILL: To create a safer boating environment
in New York State's tidewaters, through several new policies, including:
implementing educational and certification requirements for all boaters,
raising the legal age of boat operation, and eliminating the use of
online boating certifications.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1 of section 49 of the.
navigation law as amended by chapter 361 of the laws of 2013 is amended
to require all boaters in New York State's tidewaters to obtain a boat-
ing certification issued by either the commissioner, the United States
Power Squadrons, or the United States Coast Guard Auxiliary. This legis-
lation is intended to phase in requirements that are comparable to New
York State Personal Water Craft (Jet Ski) regulations. The requirement
will be phased in by age as follows:

2015: 14 to 22 years old 2016: 14 to 28 years old 2017; 14 to 34 years
old 2018: 14 to 40 years old 2019: 14 to 45 years old 2020: All Addi-
tionally, no persons under the age of 14 are permitted to operate a
boating vessel.

This bill also eliminates the use of online classes for boating certif-
ication, due to the ineffective educational requirements of said class-
es. Proctored classes and exams ensure that boaters are present, Partic-
ipating and honest during the certification process.  All too often,
online test takers do not complete the electronic courses with complete
honesty and could undermine the purpose of the educational requirements.

EXISTING LAW: Under current law no person born on or after May 1, 1996
shall operate a mechanically propelled vessel on the navigable waters of
the state or any tidewaters without receiving an approved boater's safe-
ty certificate. Additionally, persons between the ages of 10-18 must be
accompanied by a person over the age of 18 who possesses an approved
boating safety certification.

JUSTIFICATION: On July 4, 2012 a boating accident in Oyster Bay caused
the death of 3 young children and has brought awareness to the need for
all boaters to be formally educated upon the dangers of reckless boating
activities. With the increasing number of boaters and boating related
accidents on tidewaters it has become necessary to increase the educa-
tional requirements of all boaters. Time and again, inexperienced or
uneducated boaters put the welfare of others at risk. To begin curbing
the increasing number of accidents it is in the best interest of all
boaters to implement new educational requirements to ensure all boaters
responsibly share the waterways.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  To be determined.

EFFECTIVE DATE: This act shall take effect immediately.
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A09634 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9634

                                 I N  A S S E M B L Y

                                     May 13, 2014
                                      ___________

       Introduced by M. of A. LAVINE -- read once and referred to the Committee
         on Tourism, Parks, Arts and Sports Development

       AN  ACT to amend the navigation law, in relation to requirements for the
         operation of a boat in tidewaters

         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 361 of the laws  of  2013,  is  amended  to  read  as
    3  follows:
    4    1. No person [born on or after May first, nineteen hundred ninety-six]
    5  shall operate a mechanically propelled vessel on the navigable waters of
    6  the  state or any tidewaters bordering on or lying within the boundaries
    7  of Nassau and Suffolk counties, unless:
    8    a. the operator is at least [ten] FOURTEEN years old and is the holder
    9  of a boating safety certificate issued to him or her by the  commission-
   10  er,  the  United States Power Squadrons or the United States coast guard
   11  auxiliary; or
   12    b. [the operator is younger than eighteen years of age, and is  accom-
   13  panied  on  the mechanically propelled vessel by at least one person who
   14  is at least eighteen years of age and is
   15    (i) the holder of a boating safety certificate issued to him or her by
   16  the commissioner, the United States Power Squadrons or the United States
   17  coast guard auxiliary, or
   18    (ii) not required by this subdivision to hold a boating safety certif-
   19  icate in order to operate a mechanically propelled vessel; or
   20    c.] the operator is eighteen years  of  age  or  older,  is  a  person
   21  required  by  this  subdivision  to hold a boating safety certificate in
   22  order to operate a mechanically propelled vessel, and is accompanied  on
   23  the mechanically propelled vessel by at least one person who is at least
   24  eighteen years of age and the holder of a boating safety certificate; or
   25    [d.]  C.  the operator is the owner of a recently purchased vessel and
   26  may operate such vessel without the otherwise  required  boating  safety
   27  certificate  for  a period of time not to exceed one hundred twenty days
   28  from the date of purchase.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11687-03-3
       A. 9634                             2

    1    [e.] D. The provisions of this subdivision shall not apply to  persons
    2  who  are:  [born  before  April thirtieth, nineteen hundred ninety-six;]
    3  certified by the commissioner as boating safety instructors; members  of
    4  the  United  States  Power Squadrons; members of the United States coast
    5  guard  auxiliary;  holders of public vessel licenses pursuant to section
    6  sixty-four of  this  article;  police  officers,  peace  officers,  fire
    7  personnel,  rescue  personnel  or  lifeguards,  when  any such person is
    8  acting pursuant to assigned duties; or licensed to  operate  vessels  by
    9  the  United  States coast guard or the Canadian coast guard. The commis-
   10  sioner, by rule or regulation, may provide for the  exemption  of  addi-
   11  tional  persons  not  listed  in this paragraph from the requirements of
   12  this section.
   13    [f.] E. The provisions of this subdivision shall supersede  all  local
   14  laws  or  ordinances relating to requirements for boating safety certif-
   15  icates to operate a mechanically propelled vessel.
   16    F. EFFECTIVE JANUARY FIRST, TWO THOUSAND FIFTEEN,  THE  PROVISIONS  OF
   17  THIS  SUBDIVISION  SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND TWEN-
   18  TY-TWO YEARS OF AGE; EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN,  THE
   19  PROVISIONS  OF THIS SUBDIVISION SHALL APPLY TO ALL PERSONS BETWEEN FOUR-
   20  TEEN AND TWENTY-EIGHT YEARS OF AGE; EFFECTIVE JANUARY FIRST,  TWO  THOU-
   21  SAND  SEVENTEEN,  THE  PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL
   22  PERSONS BETWEEN FOURTEEN AND THIRTY-FOUR YEARS OF AGE; EFFECTIVE JANUARY
   23  FIRST, TWO THOUSAND EIGHTEEN, THE PROVISIONS OF THIS  SUBDIVISION  SHALL
   24  APPLY  TO ALL PERSONS BETWEEN FOURTEEN AND FORTY YEARS OF AGE; EFFECTIVE
   25  JANUARY FIRST, TWO THOUSAND NINETEEN, THE PROVISIONS OF THIS SUBDIVISION
   26  SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY-SIX YEARS OF  AGE;
   27  EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND TWENTY, THE PROVISIONS OF THIS
   28  SUBDIVISION SHALL APPLY TO ALL PERSONS.
   29    S 2. Paragraphs a and b of subdivision 3 of section 49 of the  naviga-
   30  tion  law,  as  added by chapter 361 of the laws of 2013, are amended to
   31  read as follows:
   32    a. the operator is  [born  on  or  before  April  thirtieth,  nineteen
   33  hundred ninety-six] EIGHTEEN YEARS OF AGE OR OLDER; or,
   34    b.  the operator is born on or after May first, nineteen hundred nine-
   35  ty-six, is at least [ten] FOURTEEN years of age and is the holder  of  a
   36  boating safety certificate issued to him or her by the commissioner, the
   37  United  States Power Squadrons or the United States coast guard auxilia-
   38  ry[,]; or
   39    S 3. Section 79 of the navigation law, as amended by  chapter  361  of
   40  the laws of 2013, is amended to read as follows:
   41    S 79. Courses of instruction. 1. For the purpose of giving such cours-
   42  es  of instruction and awarding boating safety certificates, the commis-
   43  sioner may designate as his or her agent  any  person  the  commissioner
   44  deems  qualified to act in such capacity, including, but not limited to,
   45  certified instructors of the United States coast guard auxiliary, United
   46  States power squadrons, American power boat association, boy  scouts  of
   47  America,  Red Cross and other organizations.  No charge whatsoever shall
   48  be made to any person less than eighteen years of age for  the  issuance
   49  of a boating safety certificate. Persons less than eighteen years of age
   50  may  be charged a fee for instruction in boating safety, except that the
   51  office may not charge a fee when providing such instruction  to  persons
   52  less than eighteen years of age.
   53    2.  [The  commissioner  is  authorized,  at  his or her discretion, to
   54  develop a method for approving internet-based boating safety courses  as
   55  an   appropriate   and  effective  method  for  the  administration  and
   56  completion of training in  the  safe  operation  of  vessels,  including
       A. 9634                             3

    1  personal watercraft and specialty prop-craft, for the purposes of award-
    2  ing  a  boating safety certificate pursuant to this section] ALL COURSES
    3  OF INSTRUCTION MUST BE PROCTORED; ONLINE CLASSES ARE NOT PERMITTED.
    4    S  4.  This  act  shall  take  effect on the same date and in the same
    5  manner as chapter 361 of the laws of 2013, takes effect.
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