S T A T E   O F   N E W   Y O R K
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                                  3176

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced by M. of A. WEISENBERG, ENGLEBRIGHT -- read once and referred
  to the Committee on Tourism, Parks, Arts and Sports Development

AN  ACT  to amend the navigation law and the vehicle and traffic law, in
  relation to boating safety certificates

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

  Section  1.  Subdivisions 1 and 3 of section 49 of the navigation law,
as amended by chapter 805 of the laws of 1992, are amended  to  read  as
follows:
  1.  No  person  under  the age of [eighteen] TEN years 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  counties[,  unless:]. NO PERSON TEN YEARS OF AGE OR OLDER SHALL
OPERATE A MECHANICALLY PROPELLED VESSEL ON THE NAVIGABLE WATERS  OF  THE
STATE  OR  ANY  TIDEWATER BORDERING ON OR LYING WITHIN THE BOUNDARIES OF
NASSAU AND SUFFOLK COUNTIES, EXCEPT AS FOLLOWS:
  a. [the operator is accompanied therein by a person  who  is  eighteen
years  of  age or older, or,] PERSONS TEN YEARS OF AGE TO THIRTEEN YEARS
OF AGE SHALL ONLY  OPERATE A MECHANICALLY PROPELLED VESSEL WHEN ACCOMPA-
NIED BY A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS THE HOLDER  OF  A
BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE
UNITED  STATES  POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY
OR OTHER STATE OR GOVERNMENT;
  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.]
PERSONS FOURTEEN YEARS OF  AGE  OR  OLDER  MAY  OPERATE  A  MECHANICALLY
PROPELLED  VESSEL  WHEN ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF AGE OR
OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO    HIM
OR  HER  BY  THE  COMMISSIONER,  THE  UNITED STATES POWER SQUADRONS, THE
UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT, OR MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01428-01-3
              

A. 3176                             2

OPERATE A MECHANICALLY PROPELLED VESSEL UNACCOMPANIED IF SUCH PERSON  IS
THE  HOLDER  OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE
COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE UNITED STATES COAST
GUARD  AUXILIARY OR OTHER STATE OR GOVERNMENT; PROVIDED, HOWEVER, THAT A
PERSON FOURTEEN YEARS OF AGE TO SEVENTEEN YEARS OF AGE WHO IS THE HOLDER
OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE  COMMISSION-
ER,  THE  UNITED  STATES  POWER SQUADRONS, THE UNITED STATES COAST GUARD
AUXILIARY OR OTHER STATE OR GOVERNMENT MAY ONLY OPERATE  A  MECHANICALLY
PROPELLED VESSEL UNACCOMPANIED BETWEEN SUNRISE AND SUNSET;
  3. No person who is the owner of a mechanically propelled vessel shall
knowingly  authorize  or  permit  the operation thereof on the navigable
waters of the state or any tidewaters bordering on or lying  within  the
boundaries of Nassau and Suffolk counties, unless:
  a.  the  operator is [eighteen years of age or older] TEN YEARS OF AGE
TO THIRTEEN YEARS OF AGE AND ACCOMPANIED BY A PERSON EIGHTEEN  YEARS  OF
AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO
HIM  OR  HER BY THE COMMISSIONER, THE UNITED STATES POWER SQUADRONS, THE
UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT or,
  b. the operator is [accompanied therein by a person eighteen years  of
age or older or,
  c.  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] FOUR-
TEEN YEARS OF AGE OR OLDER AND ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF
AGE OR OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO
HIM OR HER BY THE COMMISSIONER, THE UNITED STATES POWER  SQUADRONS,  THE
UNITED  STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT, OR IS
OPERATING BETWEEN SUNRISE AND SUNSET AND IS  THE  HOLDER  OF  A  BOATING
SAFETY  CERTIFICATE ISSUED TO HIM OR HER BY THE COMMISSIONER, THE UNITED
STATES POWER SQUADRONS, THE UNITED STATES COAST GUARD AUXILIARY OR OTHER
STATE OR GOVERNMENT.
  S 2. 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 3. 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]
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 4. 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

A. 3176                             3

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 5. The navigation law is amended by adding two new sections 78-b and
78-c to read as follows:
  S 78-B. COURSES OF INSTRUCTION FOR RENTERS OF VESSELS. THE COMMISSION-
ER   SHALL   ESTABLISH   RULES   AND  REGULATIONS  PURSUANT  TO  SECTION
SEVENTY-SEVEN OF THIS PART PROVIDING FOR A COURSE OF INSTRUCTION FOR AND
THE ISSUANCE OF A TEMPORARY BOATING SAFETY  CERTIFICATE  TO  RENTERS  OF
VESSELS.
  S 78-C. WRITTEN TEST IN LIEU OF COURSE OF INSTRUCTION. THE COMMISSION-
ER   SHALL   ESTABLISH   RULES   AND  REGULATIONS  PURSUANT  TO  SECTION
SEVENTY-SEVEN OF THIS PART PROVIDING FOR A WRITTEN TEST  IN  LIEU  OF  A
COURSE  OF  INSTRUCTION  FOR  PERSONS OVER THE AGE OF EIGHTEEN AS OF THE
EFFECTIVE DATE OF THIS SECTION THAT ATTEST TO HAVING ACQUIRED IN  EXCESS
OF ONE HUNDRED HOURS OF OPERATION OF A MECHANICALLY PROPELLED VESSEL.
  S  6. Section 2251 of the vehicle and traffic law is amended by adding
a new subdivision 10 to read as follows:
  10. BOATING SAFETY CERTIFICATES. THE OWNER OF  EACH  VESSEL  REQUIRING
REGISTRATION UNDER THIS SECTION SHALL PRESENT TO THE COMMISSIONER AT THE
TIME  OF REGISTRATION, RE-REGISTRATION OR CHANGE OF OWNERSHIP PROOF THAT
THE OWNER IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED  PURSUANT
TO  PART  FIVE  OF ARTICLE FOUR OF THE NAVIGATION LAW PRIOR TO REGISTRA-
TION.
  S 7. This act shall take effect  immediately  and  the  department  of
parks,  recreation  and  historic preservation, in consultation with the
department of motor vehicles, shall conduct a two year  public  informa-
tion  campaign to make the public aware of changes to the boating safety
certificate requirements; provided  however  that  180  days  after  the
effective  date  of  this act, persons under the age of eighteen may not
operate a mechanically propelled vessel pursuant to  the  provisions  of
section  one  of  this  act  unless they are holders of a boating safety
certificate; provided further that one year after the effective date  of
this  act,  persons  eighteen years of age and older who were not regis-
trants of vessels pursuant to article 48  of the vehicle and traffic law
as of the effective date of this act  may  not  operate  a  mechanically
propelled  vessel  pursuant  to  section  one of this act; and, provided
further that two years after the effective date  of  this  act,  persons
eighteen years of age and older who were registrants of vessels pursuant
to article 48 of the vehicle and traffic law as of the effective date of
this  act  may  not  operate a mechanically propelled vessel pursuant to
section one of this act.