STATE OF NEW YORK
________________________________________________________________________
7677
IN SENATE
February 6, 2018
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
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
13 boating safety course by the commissioner, the United States Power Squa-
14 drons, the United States coast guard auxiliary or the United States
15 sailing association for a powerboating course or courses which are
16 approved by the commissioner[; or
17 b. the operator is younger than eighteen years of age, and is accompa-
18 nied on the mechanically propelled vessel by at least one person who is
19 at least eighteen years of age and is
20 (i) the holder of a boating safety certificate issued to him or her by
21 the commissioner, the United States Power Squadrons, the United States
22 coast guard auxiliary or the United States sailing association for a
23 powerboating course or courses which are approved by the commissioner,
24 or
25 (ii) not required by this subdivision to hold a boating safety certif-
26 icate in order to operate a mechanically propelled vessel; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14391-03-8
S. 7677 2
1 c. the operator is eighteen years of age or older, is a person
2 required by this subdivision to hold a boating safety certificate in
3 order to operate a mechanically propelled vessel, and is accompanied on
4 the mechanically propelled vessel by at least one person who is at least
5 eighteen years of age and the holder of a boating safety certificate; or
6 d. the operator is the owner of a recently purchased vessel and may
7 operate such vessel without the otherwise required boating safety
8 certificate for a period of time not to exceed one hundred twenty days
9 from the date of purchase].
10 [e.] a. The provisions of this subdivision shall not apply to persons
11 who are: [born before April thirtieth, nineteen hundred ninety-six;]
12 certified by the commissioner as boating safety instructors; members of
13 the United States Power Squadrons; members of the United States coast
14 guard auxiliary; holders of public vessel licenses pursuant to section
15 sixty-four of this article; police officers, peace officers, fire
16 personnel, rescue personnel or lifeguards, when any such person is
17 acting pursuant to assigned duties; or licensed to operate vessels by
18 the United States coast guard or the Canadian coast guard. The commis-
19 sioner, by rule or regulation, may provide for the exemption of addi-
20 tional persons not listed in this paragraph from the requirements of
21 this section.
22 [f.] b. The provisions of this subdivision shall supersede all local
23 laws or ordinances relating to requirements for boating safety certif-
24 icates to operate a mechanically propelled vessel.
25 c. For purposes of the section:
26 (i) "boating safety course" shall mean an in-classroom course of
27 instruction that has been approved by the commissioner pursuant to
28 sections seventy-five and seventy-nine of this article; and
29 (ii) "boating safety certificate" shall mean a document which cannot
30 be altered and which is provided to a person who successfully completes
31 a boating safety course.
32 § 3. Section 79 of the navigation law, as amended by chapter 361 of
33 the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
34 2017, is amended to read as follows:
35 § 79. Courses of instruction. [1.] For the purpose of giving such
36 courses of instruction and awarding boating safety certificates, the
37 commissioner may designate as his or her agent any person the commis-
38 sioner deems qualified to act in such capacity, including, but not
39 limited to, certified instructors of the United States coast guard
40 auxiliary, United States power squadrons, the United States sailing
41 association for a powerboating course or courses which are approved by
42 the commissioner, American power boat association, boy scouts of Ameri-
43 ca, Red Cross and other organizations. No charge whatsoever shall be
44 made to any person less than eighteen years of age for the issuance of a
45 boating safety certificate. Persons less than eighteen years of age may
46 be charged a fee for instruction in boating safety, except that the
47 office may not charge a fee when providing such instruction to persons
48 less than eighteen years of age.
49 [2. The commissioner is authorized, at his or her discretion, to
50 develop a method for approving internet-based boating safety courses as
51 an appropriate and effective method for the administration and
52 completion of training in the safe operation of vessels, including
53 personal watercraft and specialty prop-craft, for the purposes of award-
54 ing a boating safety certificate pursuant to this section.]
55 § 4. Section 75 of the navigation law, as amended by chapter 361 of
56 the laws of 2013, is amended to read as follows:
S. 7677 3
1 § 75. Educational program. In order to protect the public interest in
2 the prudent and equitable use of the waters of the state and enhance the
3 enjoyment of pleasure boating and other sports thereon, the commissioner
4 shall initiate and put into effect a comprehensive in-classroom educa-
5 tional program designed to advance boating safety, which provides for
6 the training of all boat operators in the safe operation of vessels
7 including personal watercraft and specialty prop-craft.
8 § 5. This act shall take effect on the sixtieth day after it shall
9 have become a law. Effective immediately, the addition, amendment and/or
10 repeal of any rule or regulation necessary for the implementation of
11 this act on its effective date are authorized to be made and completed
12 on or before such effective date.
