A04853 Summary:

BILL NOA04853A
 
SAME ASSAME AS S05685
 
SPONSORJean-Pierre (MS)
 
COSPNSRCook, Miller MG, Ortiz, Seawright, D'Urso, McDonough, Dickens, Raia, Montesano, Giglio, Ramos, Rivera, Titus, Quart, Lavine, Galef, Jaffee, Woerner, Lawrence, Ra, Niou, Barron, Bichotte, Dinowitz, Benedetto, Arroyo, Rosenthal L, Byrne, Carroll, Miller ML, Garbarino, Pretlow, DiPietro, Johns, Barrett, Abinanti, Weprin, Walsh, Santabarbara, Cusick, Williams, Aubry, Hevesi, Miller B, Mosley, Buchwald, De La Rosa, Brabenec, Colton, Solages, Perry, Stern, Stirpe, Walker, Steck, Hyndman, Tague, Palumbo, Taylor, Smith, Fahy, Rodriguez, Finch, Pichardo, Hawley, Dilan, LiPetri, Griffin
 
MLTSPNSRAbbate, Ashby, Blankenbush, Davila, DenDekker, Englebright, Epstein, Fitzpatrick, Friend, Kim, Lentol, Lupardo, Palmesano, Simon, Simotas, Thiele
 
Amd 49 & 79, Nav L
 
Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete a boating safety course.
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A04853 Actions:

BILL NOA04853A
 
02/05/2019referred to tourism, parks, arts and sports development
05/13/2019amend (t) and recommit to tourism, parks, arts and sports development
05/13/2019print number 4853a
05/21/2019reported referred to codes
05/30/2019reported
05/30/2019advanced to third reading cal.509
06/04/2019substituted by s5685
 S05685 AMEND= BROOKS
 05/10/2019REFERRED TO RULES
 05/14/2019ORDERED TO THIRD READING CAL.686
 05/15/2019PASSED SENATE
 05/15/2019DELIVERED TO ASSEMBLY
 05/15/2019referred to tourism, parks, arts and sports development
 06/04/2019substituted for a4853a
 06/04/2019ordered to third reading cal.509
 06/04/2019passed assembly
 06/04/2019returned to senate
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A04853 Committee Votes:

TOURISM, ARTS AND SPORTS DEVELOPMENT Chair:O'Donnell DATE:05/21/2019AYE/NAY:20/0 Action: Favorable refer to committee Codes
O'DonnellAyeTagueAye
QuartAyeAshbyAye
FahyAyeStecAye
OtisAyeMorinelloAye
BarrettAyeNorrisAye
WoernerAyeSchmittAye
WilliamsAye
CarrollAye
JonesAye
FernandezAye
BurkeAye
McMahonAye
FallAye
FrontusAye

CODES Chair:Lentol DATE:05/30/2019AYE/NAY:19/0 Action: Favorable
LentolAyeRaAye
SchimmingerAyeGiglioExcused
PretlowAyeMontesanoExcused
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAbsentGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A04853 Floor Votes:

There are no votes for this bill in this legislative session.
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A04853 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4853--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced   by   M.  of  A.  JEAN-PIERRE,  COOK,  M. G. MILLER,  ORTIZ,
          SEAWRIGHT, D'URSO, McDONOUGH, DICKENS, RAIA, MONTESANO, GIGLIO, RAMOS,
          RIVERA, TITUS, QUART, LAVINE, GALEF, JAFFEE,  WOERNER,  LAWRENCE,  RA,
          NIOU,  BARRON,  BICHOTTE,  DINOWITZ,  BENEDETTO, ARROYO, L. ROSENTHAL,
          BYRNE, CARROLL, M. L. MILLER,  GARBARINO,  PRETLOW,  DiPIETRO,  JOHNS,
          BARRETT,  ABINANTI,  WEPRIN,  WALSH,  SANTABARBARA,  CUSICK, WILLIAMS,
          AUBRY, HEVESI,  B. MILLER,  MOSLEY,  BUCHWALD,  DE LA ROSA,  BRABENEC,
          COLTON,  SOLAGES, PERRY, STERN, STIRPE, WALKER, STECK, HYNDMAN, TAGUE,
          PALUMBO, TAYLOR, SMITH,  FAHY,  RODRIGUEZ,  FINCH,  PICHARDO,  HAWLEY,
          DILAN, LiPETRI -- Multi-Sponsored by -- M. of A. ABBATE, ASHBY, BLANK-
          ENBUSH,  DAVILA, DenDEKKER, ENGLEBRIGHT, EPSTEIN, FITZPATRICK, FRIEND,
          KIM, LENTOL, LUPARDO, PALMESANO, SIMON, SIMOTAS, THIELE --  read  once
          and  referred  to  the  Committee  on  Tourism, Parks, Arts and Sports
          Development -- 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  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.
                                                                   LBD09082-08-9

        A. 4853--A                          2
 
     1  boating  safety  course  approved by the commissioner, the United States
     2  Power Squadrons, the United States coast guard auxiliary or  the  United
     3  States  sailing  association  for a powerboating course or courses which
     4  are 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. 4853--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-based
    13  boating  safety courses shall employ methods to ensure attendance of the
    14  student throughout the course.
    15    § 4. This act shall take effect January 1, 2020 and shall apply to all
    16  operators born on or after January 1,  1993,  provided  further  on  and
    17  after January 1, 2021 and before January 1, 2022 this act shall apply to
    18  all  operators born on or after January 1, 1988; provided further on and
    19  after January 1, 2022 and before January 1, 2023 this act shall apply to
    20  all operators born on or after January 1, 1983; provided further on  and
    21  after January 1, 2023 and before January 1, 2024 this act shall apply to
    22  all  operators born on or after January 1, 1978; provided further on and
    23  after January 1, 2024 and before January 1, 2025 this act shall apply to
    24  all operators.
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