New York State Assembly

 
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A09806 Summary:

A09806 Actions:

A09806 Committee Votes:

Committee:TOURISM, ARTS AND SPORTS DEVELOPMENT   Chair:O'Donnell      
DATE:06/06/2018AYE/NAY:19/1  Action: Favorable refer to committee Codes        
O'Donnell
Aye
Ashby
Aye
Titone
Aye
Palmesano
Aye
Rosenthal
Aye
Stec
Aye
Quart
Aye
Castorina
Aye
Stirpe
Aye
Morinello
Aye
Fahy
Aye
Norris
Nay
Otis
Aye
Barrett
Aye
Woerner
Aye
Williams
Aye
Lupardo
Aye
Carroll
Aye
Jones
Aye
Fernandez
Aye

Committee:CODES   Chair:Lentol      
DATE:06/18/2018AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Excused
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

Committee:RULES   Chair:Heastie      
DATE:06/18/2018AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A09806 Floor Votes:

A09806 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9806--A
 
                   IN ASSEMBLY
 
                                    February 9, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE, M. G. MILLER, ORTIZ, SEAWRIGHT,
          PELLEGRINO, D'URSO, McDONOUGH, RAIA, MONTESANO, GIGLIO, RAMOS, TITONE,
          RIVERA, TITUS, QUART, GALEF, JAFFEE, WOERNER,  LAWRENCE,  RA,  ERRIGO,
          COOK,  DICKENS,  LAVINE,  NIOU, BARRON, BICHOTTE, DINOWITZ, BENEDETTO,
          ARROYO, L. ROSENTHAL, BYRNE, CARROLL, M. L. MILLER,  GARBARINO,  PRET-
          LOW,  DiPIETRO, JOHNS, BARRETT, ABINANTI, WEPRIN, BRINDISI, CASTORINA,
          WALSH,  SANTABARBARA,  CUSICK,  WILLIAMS,  HEVESI,  McDONALD,   AUBRY,
          B. MILLER,  MOSLEY,  BUCHWALD, BRABENEC, COLTON, PERRY, STERN, STIRPE,
          STECK, DE LA ROSA, HYNDMAN,  TAYLOR,  SMITH,  SOLAGES,  FAHY,  WALKER,
          LIFTON,  HUNTER,  D. ROSENTHAL, FERNANDEZ, VANEL, HOOPER, MALLIOTAKIS,
          TAGUE, PALUMBO, RODRIGUEZ, BUTLER, FINCH, PICHARDO, HAWLEY,  DILAN  --
          Multi-Sponsored  by  --  M.  of A. ABBATE, ASHBY, BLANKENBUSH, CURRAN,
          DAVILA, DenDEKKER, ENGLEBRIGHT, EPSTEIN, FITZPATRICK, FRIEND,  HIKIND,
          KIM,  LENTOL,  LUPARDO,  MURRAY,  PALMESANO,  SIMON,  SIMOTAS, THIELE,
          WALTER -- read once and referred to the Committee on  Tourism,  Parks,
          Arts  and Sports Development -- reported and referred to the Committee
          on Codes -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee
 
        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  by  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14391-08-8
        A. 9806--A                          2
 
     1  boating safety course by the commissioner, the United States Power Squa-
     2  drons,  the  United  States  coast  guard auxiliary or the United States
     3  sailing association for a  powerboating  course  or  courses  which  are
     4  approved by the commissioner[; or
     5    b. the operator is younger than eighteen years of age, and is accompa-
     6  nied  on the mechanically propelled vessel by at least one person who is
     7  at least eighteen years of age and is
     8    (i) the holder of a boating safety certificate issued to him or her by
     9  the commissioner, the United States Power Squadrons, the  United  States
    10  coast  guard  auxiliary  or  the United States sailing association for a
    11  powerboating course or courses which are approved by  the  commissioner,
    12  or
    13    (ii) not required by this subdivision to hold a boating safety certif-
    14  icate in order to operate a mechanically propelled vessel; or
    15    c.  the  operator  is  eighteen  years  of  age  or older, is a person
    16  required by this subdivision to hold a  boating  safety  certificate  in
    17  order  to operate a mechanically propelled vessel, and is accompanied on
    18  the mechanically propelled vessel by at least one person who is at least
    19  eighteen years of age and the holder of a boating safety certificate; or
    20    d. the operator is the owner of a recently purchased  vessel  and  may
    21  operate  such  vessel  without  the  otherwise  required  boating safety
    22  certificate for a period of time not to exceed one hundred  twenty  days
    23  from the date of purchase].
    24    [e.]  a. The provisions of this subdivision shall not apply to persons
    25  who are: [born before April  thirtieth,  nineteen  hundred  ninety-six;]
    26  certified  by the commissioner as boating safety instructors; members of
    27  the United States Power Squadrons; members of the  United  States  coast
    28  guard  auxiliary;  holders of public vessel licenses pursuant to section
    29  sixty-four of  this  article;  police  officers,  peace  officers,  fire
    30  personnel,  rescue  personnel  or  lifeguards,  when  any such person is
    31  acting pursuant to assigned duties; or licensed to  operate  vessels  by
    32  the  United  States coast guard or the Canadian coast guard. The commis-
    33  sioner, by rule or regulation, may provide for the  exemption  of  addi-
    34  tional  persons  not  listed  in this paragraph from the requirements of
    35  this section.
    36    [f.] b. The provisions of this subdivision shall supersede  all  local
    37  laws  or  ordinances relating to requirements for boating safety certif-
    38  icates to operate a mechanically propelled vessel.
    39    c. For purposes of the section:
    40    (i) "boating safety course" shall mean a course  of  instruction  that
    41  has  been approved by the commissioner pursuant to sections seventy-five
    42  and seventy-nine of this article; and
    43    (ii) "boating safety certificate" shall mean a document  which  cannot
    44  be  altered and which is provided to a person who successfully completes
    45  a boating safety course.
    46    § 3. Section 79 of the navigation law, as amended by  chapter  361  of
    47  the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
    48  2017, is amended to read as follows:
    49    § 79. Courses of instruction. 1. For the purpose of giving such cours-
    50  es  of instruction and awarding boating safety certificates, the commis-
    51  sioner may designate as his or her agent  any  person  the  commissioner
    52  deems  qualified to act in such capacity, including, but not limited to,
    53  certified instructors of the United States coast guard auxiliary, United
    54  States power squadrons, the United  States  sailing  association  for  a
    55  powerboating  course  or courses which are approved by the commissioner,
    56  American power boat association, boy scouts of America,  Red  Cross  and
        A. 9806--A                          3
 
     1  other  organizations.  No  charge whatsoever shall be made to any person
     2  less than eighteen years of age for the issuance  of  a  boating  safety
     3  certificate.  Persons  less  than eighteen years of age may be charged a
     4  fee  for  instruction  in boating safety, except that the office may not
     5  charge a fee when providing such instruction to persons less than  eigh-
     6  teen years of age.
     7    2. The commissioner is authorized, at his or her discretion, to devel-
     8  op  a  method  for approving internet-based boating safety courses as an
     9  appropriate and effective method for the administration  and  completion
    10  of  training in the safe operation of vessels, including personal water-
    11  craft and specialty prop-craft, for the purposes of awarding  a  boating
    12  safety  certificate  pursuant  to this section.   All approved internet-
    13  based boating safety courses shall verify the identity of each  individ-
    14  ual  taking such course, prior to awarding a boating safety certificate,
    15  in accordance with rules and regulations promulgated by the  commission-
    16  er.
    17    §  4. This act shall take effect one year after it shall have become a
    18  law. Effective immediately, the addition, amendment and/or repeal of any
    19  rule or regulation necessary for the implementation of this act  on  its
    20  effective date are authorized to be made and completed on or before such
    21  effective date.