NY State Senate Bill 2011-S6633

Senate Bill S6633

2011-2012 Legislative Session

Requires boating safety certificates of all persons operating a mechanically propelled vessel; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 07, 2012	referred to transportation

2011-S6633 (ACTIVE) - Details

See Assembly Version of this Bill:: A3550
Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5752, A5889
2013-2014: S1639, A3471

2011-S6633 (ACTIVE) - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters.

2011-S6633 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6633

TITLE OF BILL:
An act
to amend the navigation law, in relation to requiring all persons
operating a mechanically propelled vessel to be a holder of a boating
safety certificate; and to repeal certain provisions of such law
relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
The requirement of completing a
boating safety course will be a positive step to help decrease the
amount of boating accidents and deaths on our waterways caused by
inexperienced and/or reckless boaters.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would require that all boat
operators on mechanically propelled vessels who were born on or after
January 1, 1992 must hold a Boating Safety Certificate issued to him
or her by the Commissioner. The commissioner may designate as his or
her agent any person they deemed qualified, including, but not
limited to, certified instructors of the united states Coast Guard
Auxiliary, united States power squadrons. Exempt from these
requirements is any operator who is accompanied by a person who is 18
years of age and who either holds a Boating Safety Certificate or is
not required to hold a Boating Safety certificate. Boat operators who

are also owners of a recently purchased vessel may operate the vessel
for up to ninety (90) days without a Boating Safety Certificate.

Section 71-d of the Navigation Law is also amended by adding a new
subdivision 1-a allowing a livery to lease, hire or rent a
mechanically propelled vessel, except a personal watercraft or
specialty prop craft, to a person who does not possess a Boating
Safety Certificate if the person is 18 years or older showing genuine
proof of identification, that the operator of the livery is the
holder of a Boating Safety Certificate, and provides instruction of
boat operation including a provision of maps.

JUSTIFICATION:
To ensure that all persons who operate a mechanically
propelled vessel understand the proper boating laws. Inexperienced
and/or reckless boaters cause a great deal of danger and property
damage when they irresponsibly drive at excessive speeds white not
obeying navigation laws or do not understand the laws. Many boaters
have never taken a boating safety course and while they may think
they are abiding by the navigation laws, they put themselves, as well
as others, in danger. While the vast majority of boat operators may
know every aspect of navigation, there are many who do not realize
the potential for damage that can be caused with the slightest
mistake while boating in a heavily boated waterway and being unaware
of the correct procedures.
This legislation enjoys broad support. For example, boating safety
experts and instructors such as the U.S. Power Squadrons, New Jersey
Maritime Association, and boating associations such as the Tug and
Barge Association support this legislation.


This legislation provides ninety days for new boat owners to obtain the
certificate and exempts liveries with certain requirements. This
legislation does not apply to canoes, kayaks or rowboats.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.5752D
2007-08:  S.8073

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

2011-S6633 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6633

                            I N  S E N A T E

                              March 7, 2012
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the navigation law, in relation to requiring all persons
  operating a mechanically propelled vessel to be a holder of a  boating
  safety  certificate;  and  to  repeal  certain  provisions of such law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  49 of the navigation law, as
amended by chapter 805 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  No person [under the age of eighteen years] BORN ON OR AFTER JANU-
ARY FIRST, NINETEEN HUNDRED NINETY-FOUR  shall  operate  a  mechanically
propelled  vessel on the navigable waters of the state or any tidewaters
bordering on or lying within the boundaries of Nassau and Suffolk  coun-
ties, unless:
  a.  [the  operator  is accompanied therein by a person who is eighteen
years of age or older, or,
  b. the operator is ten years of age or older and is the  holder  of  a
boating safety certificate issued to him by the commissioner, the United
States  Power Squadrons or the United States coast guard auxiliary.] THE
OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED  STATES
POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY; OR
  B. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED  ON THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS
AT LEAST EIGHTEEN YEARS OF AGE AND IS
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
COAST GUARD AUXILIARY, OR
  (II) NOT REQUIRED BY THIS SUBDIVISION TO HOLD A BOATING SAFETY CERTIF-
ICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL; OR
  C. THE OPERATOR IS EIGHTEEN  YEARS  OF  AGE  OR  OLDER,  IS  A  PERSON
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.

                                                           LBD00352-01-1

S. 6633                             2

ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS ACCOMPANIED  ON
THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON WHO IS AT LEAST
EIGHTEEN YEARS OF AGE AND THE HOLDER OF A BOATING SAFETY CERTIFICATE; OR
  D.  THE  OPERATOR  IS THE OWNER OF A RECENTLY PURCHASED VESSEL AND MAY
OPERATE SUCH VESSEL WITHOUT THE OTHERWISE REQUIRED BOATER SAFETY CERTIF-
ICATE FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM  THE  DATE  OF
PURCHASE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
CERTIFIED  BY THE COMMISSIONER AS BOATING SAFETY INSTRUCTORS; MEMBERS OF
THE UNITED STATES POWER SQUADRONS; MEMBERS OF THE  UNITED  STATES  COAST
GUARD  AUXILIARY;  HOLDERS OF PUBLIC VESSEL LICENSES PURSUANT TO SECTION
SIXTY-FOUR OF  THIS  ARTICLE;  POLICE  OFFICERS,  PEACE  OFFICERS,  FIRE
PERSONNEL,  RESCUE  PERSONNEL  OR  LIFEGUARDS,  WHEN  ANY SUCH PERSON IS
ACTING PURSUANT TO ASSIGNED DUTIES; OR LICENSED TO  OPERATE  VESSELS  BY
THE  UNITED  STATES COAST GUARD OR THE CANADIAN COAST GUARD. THE COMMIS-
SIONER, BY RULE OR REGULATION, MAY PROVIDE FOR THE  EXEMPTION  OF  ADDI-
TIONAL  PERSONS  NOT  LISTED  IN THIS PARAGRAPH FROM THE REQUIREMENTS OF
THIS SECTION.
  S 2.  Paragraphs a, b, and c of subdivision 3 of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-THREE; OR,
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-FOUR, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A BOATING
SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE  UNITED
STATES POWER SQUADRONS OR THE UNITED STATES COAST GUARD AUXILIARY, OR
  C. THE OPERATOR IS YOUNGER THAN EIGHTEEN YEARS OF AGE, AND IS ACCOMPA-
NIED  ON  THE MECHANICALLY PROPELLED VESSEL BY AT LEAST ONE PERSON EIGH-
TEEN YEARS OF AGE OR OLDER AND IS:
  (I) THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY
THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS OR THE UNITED STATES
COAST GUARD AUXILIARY, OR
  (II) NOT REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO HOLD A BOATING
SAFETY CERTIFICATE IN ORDER TO OPERATE A MECHANICALLY PROPELLED  VESSEL;
OR
  D.  THE  OPERATOR  IS  EIGHTEEN  YEARS  OF  AGE  OR OLDER, IS A PERSON
REQUIRED BY SUBDIVISION ONE OF THIS SECTION TO  HOLD  A  BOATING  SAFETY
CERTIFICATE  IN ORDER TO OPERATE A MECHANICALLY PROPELLED VESSEL, AND IS
ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE.
  S 3. Section 75 of the navigation law, as amended by  chapter  138  of
the laws of 1998, is amended to read as follows:
  S 75. Educational  program. In order to protect the public interest in
the prudent and equitable use of the waters of the state and enhance the
enjoyment of pleasure boating and other sports thereon, the commissioner
shall initiate and put into effect a comprehensive  educational  program
designed  to  advance boating safety [including], WHICH PROVIDES FOR the
training of [youthful]  ALL  boat  operators  [and  an  adult  education
program  for] IN the safe operation of vessels including personal water-
craft and specialty prop-craft.
  S 4. Subdivision 1 of section 78 of the navigation law, as amended  by
chapter 138 of the laws of 1998, is amended to read as follows:
  1. "Boating safety certificate" shall mean a certificate issued by the
commissioner   evidencing  that  the  holder  thereof  has  successfully
completed a course of instruction in boating safety  as  [herein  after]

S. 6633                             3

provided IN THIS SECTION.  The commissioner shall put into effect a plan
for  the  training  of [youthful] ALL boat operators and the issuance of
such boating safety certificates.  For the purposes of this section, the
term "boating safety" shall include instruction in the safe operation of
personal watercraft and specialty prop-craft.
  S  5.  Section  79 of the navigation law, as amended by chapter 169 of
the laws of 2004, is amended to read as follows:
  S 79. Courses of instruction. For the purpose of giving  such  courses
of  instruction  and  awarding  boating  safety certificates, [including
those issued to adults for  the  safe  operation  of  vessels  including
personal watercraft or specialty prop-craft] the commissioner may desig-
nate  as his or her agent any person the commissioner deems qualified to
act in such capacity, including, but not limited to, certified  instruc-
tors  of  the  United  States coast guard auxiliary, United States power
squadrons, American power boat association, boy scouts of  America,  Red
Cross and other organizations. No charge whatsoever shall be made to any
person  less  than  eighteen  years of age for the issuance of a boating
safety certificate. Persons less than  eighteen  years  of  age  may  be
charged  a fee for instruction in boating safety, except that the office
may not charge a fee when providing such  instruction  to  persons  less
than eighteen years of age.
  S  6.  Section  71-d  of the navigation law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING SUBDIVISION ONE OF  SECTION  FORTY-NINE  OF  THIS
ARTICLE,  A  LIVERY  MAY  LEASE,  HIRE  OR RENT A MECHANICALLY PROPELLED
VESSEL, EXCEPT A PERSONAL WATER CRAFT OR  SPECIALTY  PROP  CRAFT,  TO  A
PERSON WHO IS NOT THE HOLDER OF A BOATING SAFETY CERTIFICATE IF:
  (A) THE PERSON IS EIGHTEEN YEARS OR OLDER;
  (B) THE OPERATOR OF SUCH LIVERY OR HIS OR HER DESIGNATED AGENT, IS THE
HOLDER  OF A BOATING SAFETY CERTIFICATE, AND PRIOR TO PERMITTING THE USE
BY SUCH PERSON OF THE VESSEL EXPLAINS AND DEMONSTRATES TO SUCH PERSON BY
VIDEO OR ACTUAL IN WATER DEMONSTRATION THE OPERATION OF SUCH VESSEL, AND
THE USE AND LOCATION OF SUCH VESSEL'S SAFETY EQUIPMENT;
  (C) SUCH PERSON, AFTER RECEIVING  THE  EXPLANATION  AND  DEMONSTRATION
REQUIRED  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, DEMONSTRATES TO
THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT THE ABILI-
TY TO OPERATE SUCH VESSEL AND USE THE APPLICABLE SAFETY EQUIPMENT;
  (D) THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS  FOR
THE LOCAL AREA;
  (E)  SUCH  PERSON  PRESENTS GENUINE PROOF OF IDENTIFICATION AND AGE TO
THE LIVERY OPERATOR;
  (F) THE LIVERY OPERATOR OR THE LIVERY OPERATOR'S DESIGNATED AGENT,  AT
THE  TIME OF THE LEASING, HIRING, OR RENTING, RECORDS THE NAME, ADDRESS,
AND AGE OF THE OPERATOR OF THE LEASED, HIRED OR RENTED VESSEL,  AND  THE
MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
DOCUMENTATION  NUMBERS  OF  THE  LEASED,  HIRED,  OR RENTED VESSEL. SUCH
RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
  (G) THE VESSEL IS NOT LEASED, HIRED OR RENTED TO THE SAME PERSON FOR A
PERIOD EXCEEDING SIXTY DAYS.
  S 7. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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