S09092 Summary:

BILL NOS09092
 
SAME ASSAME AS A09806-A
 
SPONSORBOYLE
 
COSPNSRAVELLA, BAILEY, BRESLIN, CARLUCCI, GOLDEN, HANNON, KRUEGER, LANZA, MURPHY, PERSAUD, PHILLIPS, SAVINO, SEPULVEDA, SERRANO, STAVISKY, VALESKY
 
MLTSPNSR
 
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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S09092 Actions:

BILL NOS09092
 
06/15/2018REFERRED TO RULES
06/18/2018ORDERED TO THIRD READING CAL.1917
06/20/2018RECOMMITTED TO RULES
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S09092 Committee Votes:

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S09092 Floor Votes:

There are no votes for this bill in this legislative session.
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S09092 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9092
 
                    IN SENATE
 
                                      June 15, 2018
                                       ___________
 
        Introduced  by  Sen.  BOYLE  -- 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  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
    27    c. the operator is eighteen  years  of  age  or  older,  is  a  person
    28  required  by  this  subdivision  to hold a boating safety certificate in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14391-09-8

        S. 9092                             2

     1  order to operate a mechanically propelled vessel, and is accompanied  on
     2  the mechanically propelled vessel by at least one person who is at least
     3  eighteen years of age and the holder of a boating safety certificate; or
     4    d.  the  operator  is the owner of a recently purchased vessel and may
     5  operate such  vessel  without  the  otherwise  required  boating  safety
     6  certificate  for  a period of time not to exceed one hundred twenty days
     7  from the date of purchase].
     8    [e.] a. The provisions of this subdivision shall not apply to  persons
     9  who  are:  [born  before  April thirtieth, nineteen hundred ninety-six;]
    10  certified by the commissioner as boating safety instructors; members  of
    11  the  United  States  Power Squadrons; members of the United States coast
    12  guard auxiliary; holders of public vessel licenses pursuant  to  section
    13  sixty-four  of  this  article;  police  officers,  peace  officers, fire
    14  personnel, rescue personnel or  lifeguards,  when  any  such  person  is
    15  acting  pursuant  to  assigned duties; or licensed to operate vessels by
    16  the United States coast guard or the Canadian coast guard.  The  commis-
    17  sioner,  by  rule  or regulation, may provide for the exemption of addi-
    18  tional persons not listed in this paragraph  from  the  requirements  of
    19  this section.
    20    [f.]  b.  The provisions of this subdivision shall supersede all local
    21  laws or ordinances relating to requirements for boating  safety  certif-
    22  icates to operate a mechanically propelled vessel.
    23    c. For purposes of the section:
    24    (i)  "boating  safety  course" shall mean a course of instruction that
    25  has been approved by the commissioner pursuant to sections  seventy-five
    26  and seventy-nine of this article; and
    27    (ii)  "boating  safety certificate" shall mean a document which cannot
    28  be altered and which is provided to a person who successfully  completes
    29  a boating safety course.
    30    §  3.  Section  79 of the navigation law, as amended by chapter 361 of
    31  the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
    32  2017, is amended to read as follows:
    33    § 79. Courses of instruction. 1. For the purpose of giving such cours-
    34  es of instruction and awarding boating safety certificates, the  commis-
    35  sioner  may  designate  as  his or her agent any person the commissioner
    36  deems qualified to act in such capacity, including, but not limited  to,
    37  certified instructors of the United States coast guard auxiliary, United
    38  States  power  squadrons,  the  United  States sailing association for a
    39  powerboating course or courses which are approved by  the  commissioner,
    40  American  power  boat  association, boy scouts of America, Red Cross and
    41  other organizations. No charge whatsoever shall be made  to  any  person
    42  less  than  eighteen  years  of age for the issuance of a boating safety
    43  certificate. Persons less than eighteen years of age may  be  charged  a
    44  fee  for  instruction  in boating safety, except that the office may not
    45  charge a fee when providing such instruction to persons less than  eigh-
    46  teen years of age.
    47    2. The commissioner is authorized, at his or her discretion, to devel-
    48  op  a  method  for approving internet-based boating safety courses as an
    49  appropriate and effective method for the administration  and  completion
    50  of  training in the safe operation of vessels, including personal water-
    51  craft and specialty prop-craft, for the purposes of awarding  a  boating
    52  safety  certificate  pursuant  to this section.   All approved internet-
    53  based boating safety courses shall verify the identity of each  individ-
    54  ual  taking such course, prior to awarding a boating safety certificate,
    55  in accordance with rules and regulations promulgated by the  commission-
    56  er.

        S. 9092                             3
 
     1    §  4. This act shall take effect one year after it shall have become a
     2  law. Effective immediately, the addition, amendment and/or repeal of any
     3  rule or regulation necessary for the implementation of this act  on  its
     4  effective date are authorized to be made and completed on or before such
     5  effective date.
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