Add SS49-d & 49-e, amd SS49, 75, 78 & 79, rpld & add S49 sub 3 a, b & c, Nav L; add S81, St Fin L
 
Enacts "Victoria's law" to promote boater safety; requires all persons operating a mechanically propelled vessel to be a holder of a boating safety certificate; establishes the boating safety fund to promote summer activities for children.
STATE OF NEW YORK
________________________________________________________________________
7867
IN SENATE
November 14, 2012
___________
Introduced by Sens. ADAMS, PARKER -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the navigation law, in relation to enacting "Victoria's
law", promoting boater safety, requiring all persons operating a
mechanically propelled vessel to be a holder of a boating safety
certificate; and to amend the state finance law, in relation to estab-
lishing the boating safety fund to promote summer activities for chil-
dren; and to repeal certain provisions of the navigation law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Victoria's
2 law".
3 § 2. The navigation law is amended by adding a new section 49-d to
4 read as follows:
5 § 49-d. Occupancy limitation. 1. No person shall operate a vessel on
6 the navigable waters of the state with a number of occupants, including
7 such operator, that exceeds the maximum occupancy recommendation estab-
8 lished for such vessel by the manufacturer of such vessel.
9 2. No person shall operate a vessel on the navigable waters of the
10 state unless there is conspicuously displayed on such vessel, a sign
11 indicating such maximum occupancy limitation and contact information
12 regarding certified first responders responsible for such waters. Such
13 sign shall be located where it is visible to all passengers while such
14 passengers are boarding the vessel.
15 3. Any person who violates the provisions of subdivision one or two of
16 this section shall be guilty of a misdemeanor punishable as set forth in
17 section seventy-three-b of this article.
18 4. For purposes of this section the term "certified first responder"
19 means an individual who meets the minimum requirements established by
20 regulations pursuant to section three thousand two of the public health
21 law and who is responsible for administration of initial lifesaving care
22 of sick and injured persons.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16585-02-2
S. 7867 2
1 § 3. Subdivision 1 of section 49 of the navigation law, as amended by
2 chapter 805 of the laws of 1992, is amended to read as follows:
3 1. No person [under the age of eighteen years] shall operate a mechan-
4 ically propelled vessel on the navigable waters of the state or any
5 tidewaters bordering on or lying within the boundaries of Nassau and
6 Suffolk counties, unless:
7 a. [the operator is accompanied therein by a person who is eighteen
8 years of age or older, or,
9 b. the operator is ten years of age or older and is the holder of a
10 boating safety certificate issued to him by the commissioner, the United
11 States Power Squadrons or the United States coast guard auxiliary.] the
12 operator is at least ten years old and is the holder of a boating safety
13 certificate issued to him or her by the commissioner, the United States
14 Power Squadrons or the United States coast guard auxiliary; or
15 b. the operator is younger than eighteen years of age, and is accompa-
16 nied on the mechanically propelled vessel by at least one person who is
17 at least eighteen years of age and is
18 (i) the holder of a boating safety certificate issued to him or her by
19 the commissioner, the United States Power Squadrons or the United States
20 coast guard auxiliary, or
21 (ii) not required by this subdivision to hold a boating safety certif-
22 icate in order to operate a mechanically propelled vessel; or
23 c. the operator is eighteen years of age or older, is a person
24 required by this subdivision to hold a boating safety certificate in
25 order to operate a mechanically propelled vessel, and is accompanied on
26 the mechanically propelled vessel by at least one person who is at least
27 eighteen years of age and the holder of a boating safety certificate; or
28 d. the operator is the owner of a recently purchased vessel and may
29 operate such vessel without the otherwise required boater safety certif-
30 icate for a period of time not to exceed ninety days from the date of
31 purchase.
32 The provisions of this subdivision shall not apply to persons who are:
33 certified by the commissioner as boating safety instructors; members of
34 the United States Power Squadrons; members of the United States coast
35 guard auxiliary; holders of public vessel licenses pursuant to section
36 sixty-four of this article; police officers, peace officers, fire
37 personnel, rescue personnel or lifeguards, when any such person is
38 acting pursuant to assigned duties; or licensed to operate vessels by
39 the United States coast guard or the Canadian coast guard. The commis-
40 sioner, by rule or regulation, may provide for the exemption of addi-
41 tional persons not listed in this paragraph from the requirements of
42 this section.
43 § 4. Paragraphs a, b, and c of subdivision 3 of section 49 of the
44 navigation law are REPEALED and three new paragraphs a, b and c are
45 added to read as follows:
46 a. is at least ten years of age and is the holder of a boating safety
47 certificate issued to him or her by the commissioner, the United States
48 Power Squadrons or the United States coast guard auxiliary, or
49 b. the operator is younger than eighteen years of age, and is accompa-
50 nied on the mechanically propelled vessel by at least one person eigh-
51 teen years of age or older and is:
52 (i) the holder of a boating safety certificate issued to him or her by
53 the commissioner, the United States Power Squadrons or the United States
54 coast guard auxiliary, or
S. 7867 3
1 (ii) not required by subdivision one of this section to hold a boating
2 safety certificate in order to operate a mechanically propelled vessel;
3 or
4 c. the operator is eighteen years of age or older, is a person
5 required by subdivision one of this section to hold a boating safety
6 certificate in order to operate a mechanically propelled vessel, and is
7 accompanied by a person who is at least eighteen years of age and is the
8 holder of a boating safety certificate.
9 § 5. Section 75 of the navigation law, as amended by chapter 138 of
10 the laws of 1998, is amended to read as follows:
11 § 75. Educational program. In order to protect the public interest in
12 the prudent and equitable use of the waters of the state and enhance the
13 enjoyment of pleasure boating and other sports thereon, the commissioner
14 shall initiate and put into effect a comprehensive educational program
15 designed to advance boating safety [including], which provides for the
16 training of [youthful] all boat operators [and an adult education
17 program for] in the safe operation of vessels including personal water-
18 craft and specialty prop-craft.
19 § 6. Subdivision 1 of section 78 of the navigation law, as amended by
20 chapter 138 of the laws of 1998, is amended to read as follows:
21 1. "Boating safety certificate" shall mean a certificate issued by the
22 commissioner evidencing that the holder thereof has successfully
23 completed a course of instruction in boating safety as [herein after]
24 provided in this section. The commissioner shall put into effect a plan
25 for the training of [youthful] all boat operators and the issuance of
26 such boating safety certificates. For the purposes of this section, the
27 term "boating safety" shall include instruction in the safe operation of
28 personal watercraft and specialty prop-craft.
29 § 7. Section 79 of the navigation law, as amended by chapter 169 of
30 the laws of 2004, is amended to read as follows:
31 § 79. Courses of instruction. For the purpose of giving such courses
32 of instruction and awarding boating safety certificates, [including
33 those issued to adults for the safe operation of vessels including
34 personal watercraft or specialty prop-craft] the commissioner may desig-
35 nate as his or her agent any person the commissioner deems qualified to
36 act in such capacity, including, but not limited to, certified instruc-
37 tors of the United States coast guard auxiliary, United States power
38 squadrons, American power boat association, boy scouts of America, Red
39 Cross and other organizations. [No charge whatsoever shall be made to
40 any person less than eighteen years of age for the issuance of a boating
41 safety certificate. Persons less than eighteen years of age may be
42 charged a fee for instruction in boating safety, except that the office
43 may not charge a fee when providing such instruction to persons less
44 than eighteen years of age.] The commissioner shall charge a fee of
45 fifty dollars for such course of instruction and twenty-five dollars for
46 the issuance of a boating safety certificate. All fees collected by the
47 commissioner shall be deposited into the boating safety fund established
48 pursuant to section eighty-one of the state finance law.
49 § 8. The navigation law is amended by adding a new section 49-e to
50 read as follows:
51 § 49-e. Event organizers. Any person who organizes an event to take
52 place on the navigable waters of the state which includes the partic-
53 ipation of five or more vessels shall, prior to such event, obtain a
54 permit to hold such event from the local municipality having jurisdic-
55 tion over such waters. Upon issuing of such permit, such municipality
S. 7867 4
1 shall contact certified first responders responsible for such waters to
2 inform regarding the nature and time of such event.
3 § 9. The state finance law is amended by adding a new section 81 to
4 read as follows:
5 § 81. Boating safety fund. 1. There is hereby established in the joint
6 custody of the state comptroller and the commissioner of taxation and
7 finance a fund to be known as the boating safety fund.
8 2. Such fund shall consist of all fees collected pursuant to section
9 seventy-nine of the navigation law, and all other moneys credited or
10 transferred thereto from any other fund or source pursuant to law.
11 3. Moneys of the fund shall be made available only for use by the
12 Natural Heritage Trust for Summer Youth to promote the development,
13 implementation and improvement of summer recreational activities for
14 children. Such activities shall be administered by the department of
15 parks, recreation and historic preservation.
16 4. Moneys shall be payable from the fund on the audit and warrant of
17 the comptroller on vouchers approved and certified by the commissioner
18 of parks, recreation and historic preservation.
19 § 10. This act shall take effect on the ninetieth day after it shall
20 have become a law; provided, however, that effective immediately, the
21 addition, amendment and/or repeal of any rule or regulation necessary
22 for the implementation of this act on its effective date is authorized
23 to be made and completed on or before such date.