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S05533 Summary:

S05533 Actions:

S05533 Committee Votes:

S05533 Floor Votes:

S05533 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5533--B
            Cal. No. 1094
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      April 6, 2017
                                       ___________
 
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the  Committee  on  Cultural  Affairs,
          Tourism,  Parks  and Recreation -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  to  amend  the navigation law, in relation to adding the United
          States sailing association to those allowed  to  give  boating  safety
          courses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 7 of section 45 of the naviga-
     2  tion law, as amended by chapter 236 of the laws of 1997, is  amended  to
     3  read as follows:
     4    (c) When a person is convicted pursuant to this article the court may,
     5  in  any  case  before  the court, and shall when the convicted person is
     6  subject to a suspension pursuant to this subdivision, in addition to any
     7  other penalties  invoked  under  this  article,  require  the  convicted
     8  person,  as  a  condition  of the sentence, to complete a boating safety
     9  course of the state, U.S. Power Squadrons, [or] U.S. Coast Guard  Auxil-
    10  iary,  or  a powerboating course or courses offered by the United States
    11  sailing association which are approved  by  the  commissioner  and  show
    12  proof of successful completion of such course to the court or its desig-
    13  nee.
    14    §  2. Paragraph a and subparagraph (i) of paragraph b of subdivision 1
    15  of section 49 of the navigation law, paragraph a as amended and subpara-
    16  graph (i) of paragraph b as added by chapter 361 of the  laws  of  2013,
    17  are amended to read as follows:
    18    a. the operator is at least ten years old and is the holder of a boat-
    19  ing  safety  certificate  issued  to him or her by the commissioner, the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10237-08-7
        S. 5533--B                          2
 
     1  United States Power Squadrons [or], the United States coast guard auxil-
     2  iary or the United States sailing association for a powerboating  course
     3  or courses which are approved by the commissioner; or
     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
     6  States coast guard auxiliary or the United  States  sailing  association
     7  for  a  powerboating course or courses which are approved by the commis-
     8  sioner, or
     9    § 3. Subdivision 1-a of section 49 of the navigation law, as added  by
    10  chapter  138 of the laws of 1998, paragraphs a, b, c and d as amended by
    11  chapter 248 of the laws of 2005, is amended to read as follows:
    12    1-a. a. No person shall operate a  personal  watercraft  or  specialty
    13  prop-craft  upon  the  navigable  waters  of the state or any tidewaters
    14  bordering on or lying within the boundaries of Nassau and Suffolk  coun-
    15  ties unless the operator is fourteen years of age or older and the hold-
    16  er  of,  or is accompanied by a person over eighteen years of age who is
    17  the holder of a boating safety certificate issued by  the  commissioner,
    18  the  United States power squadrons, the United States coast guard auxil-
    19  iary, the United States sailing association for a powerboating course or
    20  courses which are approved  by  the  commissioner,  or  other  state  or
    21  government,  as  a result of completing a course approved by the commis-
    22  sioner.
    23    b. No person who is the owner of a personal  watercraft  or  specialty
    24  prop-craft  shall knowingly authorize or permit the operation thereof on
    25  the navigable waters of the state or  any  tidewaters  bordering  on  or
    26  lying  within  the  boundaries  of Nassau or Suffolk counties unless the
    27  operator is fourteen years of age or older and  the  holder  of,  or  is
    28  accompanied  by a person over eighteen years of age who is the holder of
    29  a boating safety certificate issued  by  the  commissioner,  the  United
    30  States  power squadrons, United States coast guard auxiliary, the United
    31  States sailing association for a powerboating course  or  courses  which
    32  are  approved  by  the  commissioner, or other state or government, as a
    33  result of completing a course approved by the commissioner.
    34    c. For the purposes of this subdivision "accompanied" shall mean  upon
    35  the  vessel.  [Provided, however, that until January first, two thousand
    36  nine, in relation to a person less than fourteen years of age who is the
    37  holder of a boating safety certificate issued by the  commissioner,  the
    38  United  States  power  squadrons, United States coast guard auxiliary or
    39  other state or government, accompanied shall also mean within  view  and
    40  not  more  than  five  hundred  feet  from  a  person aboard a vessel or
    41  personal watercraft, who is over eighteen years of age and the holder of
    42  a boating safety certificate issued  by  the  commissioner,  the  United
    43  States  power  squadrons,  United  States coast guard auxiliary or other
    44  state or government, as a result of completing a course approved by  the
    45  commissioner.]
    46    d.  The  provisions  of  this  subdivision shall not apply to persons:
    47  certified by the commissioner as boating safety instructors; members  of
    48  the  United  States  power squadrons; members of the United States coast
    49  guard auxiliary; holders of public vessel licenses pursuant  to  section
    50  sixty-four  of this article; police officers acting pursuant to assigned
    51  duties; peace officers acting pursuant to  assigned  duties;  lifeguards
    52  acting  pursuant  to  assigned  duties; fire and rescue personnel acting
    53  pursuant to assigned duties; and persons licensed to operate vessels  by
    54  the  United  States coast guard or the Canadian coast guard. The commis-
    55  sioner by rule and regulation may provide for  the  exemption  of  addi-
        S. 5533--B                          3
 
     1  tional  persons  not  listed  in this paragraph from the requirements of
     2  this section.
     3    §  4. Paragraph b and subparagraph (i) of paragraph c of subdivision 3
     4  of section 49 of the navigation law, as added by chapter 361 of the laws
     5  of 2013, are amended to read as follows:
     6    b. the operator is born on or after May first, nineteen hundred  nine-
     7  ty-six,  is  at  least  ten  years of age and is the holder of a boating
     8  safety certificate issued to him or her by the commissioner, the  United
     9  States Power Squadrons [or], the United States coast guard auxiliary, or
    10  the  United  States  sailing  association  for  a powerboating course or
    11  courses which are approved by the commissioner, or
    12    (i) the holder of a boating safety certificate issued to him or her by
    13  the commissioner, the United States Power  Squadrons  [or],  the  United
    14  States  coast  guard auxiliary, or the United States sailing association
    15  for a powerboating course or courses which are approved by  the  commis-
    16  sioner, or
    17    § 5. Subdivision 13 of section 49-a of the navigation law, as added by
    18  chapter 805 of the laws of 1992, is amended to read as follows:
    19    13.  Boating  safety course. Upon the conviction of any subdivision of
    20  this section, the court  shall,  in  addition  to  any  other  penalties
    21  invoked under this section, require the convicted person, as a condition
    22  of  the sentence, to complete a boating safety course of the state, U.S.
    23  Power Squadrons [or], U.S.  Coast  Guard  Auxiliary  or  a  powerboating
    24  course or courses offered by the United States sailing association which
    25  are approved by the commissioner and show proof of successful completion
    26  of such course to the court or its designee.
    27    §  6. Subdivision 1 of section 79 of the navigation law, as amended by
    28  chapter 361 of the laws of 2013, is amended to read as follows:
    29    1. For the purpose of giving such courses of instruction and  awarding
    30  boating  safety  certificates,  the commissioner may designate as his or
    31  her agent any person the commissioner deems qualified  to  act  in  such
    32  capacity,  including,  but  not limited to, certified instructors of the
    33  United States coast guard auxiliary, United States power squadrons,  the
    34  United  States  sailing association for a powerboating course or courses
    35  which are approved by the commissioner, American power boat association,
    36  boy scouts of America, Red Cross and other  organizations.    No  charge
    37  whatsoever  shall  be made to any person less than eighteen years of age
    38  for the issuance of a boating  safety  certificate.  Persons  less  than
    39  eighteen  years  of  age may be charged a fee for instruction in boating
    40  safety, except that the office may not charge a fee when providing  such
    41  instruction to persons less than eighteen years of age.
    42    § 7. Subdivision (c) of section 103 of the navigation law, as added by
    43  chapter 420 of the laws of 1995, is amended to read as follows:
    44    (c) When a person is convicted pursuant to this article and is subject
    45  to  a suspension pursuant to this subdivision, the court shall, in addi-
    46  tion to any other penalties invoked  under  this  article,  require  the
    47  convicted  person, as a condition of the sentence, to complete a boating
    48  safety course of the state, U.S. Power Squadrons, [or] U.S. Coast  Guard
    49  Auxiliary,  or  a  powerboating  course or courses offered by the United
    50  States sailing association which are approved by  the  commissioner  and
    51  show  proof  of successful completion of such course to the court or its
    52  designee.
    53    § 8. This act shall take effect immediately.