S T A T E O F N E W Y O R K
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3471--A
Cal. No. 252
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
___________
Introduced by M. of A. GALEF, PAULIN, JAFFEE, ROBERTS, LAVINE, ENGLE-
BRIGHT, ABINANTI, MONTESANO -- Multi-Sponsored by -- M. of A. GOTT-
FRIED, HOOPER, SOLAGES, TENNEY -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development -- reported
and referred to the Committee on Rules -- passed by Assembly and
delivered to the Senate, recalled from the Senate, vote reconsidered,
bill amended, ordered reprinted, retaining its place on the order of
third reading
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 MAY
FIRST, NINETEEN HUNDRED NINETY-SIX 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04200-05-3
A. 3471--A 2
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
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 BOATING SAFETY
CERTIFICATE FOR A PERIOD OF TIME NOT TO EXCEED ONE HUNDRED TWENTY DAYS
FROM THE DATE OF PURCHASE.
E. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO
ARE: BORN BEFORE APRIL THIRTIETH, NINETEEN HUNDRED NINETY-SIX; CERTI-
FIED 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 COMMISSIONER, BY RULE OR
REGULATION, MAY PROVIDE FOR THE EXEMPTION OF ADDITIONAL PERSONS NOT
LISTED IN THIS PARAGRAPH FROM THE REQUIREMENTS OF THIS SECTION.
F. THE PROVISIONS OF THIS SUBDIVISION SHALL SUPERSEDE ALL LOCAL LAWS
OR ORDINANCES RELATING TO REQUIREMENTS FOR BOATING SAFETY CERTIFICATES
TO OPERATE A MECHANICALLY PROPELLED VESSEL.
S 2. Paragraphs a, b, and c of subdivision 3 of section 49 of the
navigation law are REPEALED and five new paragraphs a, b, c, d and e are
added to read as follows:
A. THE OPERATOR IS BORN ON OR BEFORE APRIL THIRTIETH, NINETEEN HUNDRED
NINETY-SIX; OR,
B. THE OPERATOR IS BORN ON OR AFTER MAY FIRST, NINETEEN HUNDRED NINE-
TY-SIX, 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.
A. 3471--A 3
E. THE PROVISIONS OF THIS SUBDIVISION SHALL SUPERSEDE ALL LOCAL LAWS
OR ORDINANCES RELATING TO REQUIREMENTS FOR BOATING SAFETY CERTIFICATES
TO OPERATE A MECHANICALLY PROPELLED VESSEL.
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 and a new subdivision 3 is
added 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.
3. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH A SYSTEM
FOR TRACKING AND REPLACING BOATING SAFETY CERTIFICATES ISSUED BY THE
COMMISSIONER. THE COMMISSIONER IS FURTHER AUTHORIZED TO REQUIRE THAT ANY
OTHER ENTITY APPROVED BY THE COMMISSIONER TO PROVIDE COURSES OF INSTRUC-
TION AND AWARD BOATING SAFETY CERTIFICATES ESTABLISH A SYSTEM FOR TRACK-
ING AND REPLACING BOATING SAFETY CERTIFICATES SO AS TO ENABLE THE
REPLACEMENT OF LOST OR STOLEN CERTIFICATES TO THOSE WHO HAVE PREVIOUSLY
BEEN AWARDED SUCH CERTIFICATES.
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. 1. For the purpose of giving such cours-
es 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.
2. THE COMMISSIONER IS AUTHORIZED, AT HIS OR HER DISCRETION, TO DEVEL-
OP A METHOD FOR APPROVING INTERNET-BASED BOATING SAFETY COURSES AS AN
APPROPRIATE AND EFFECTIVE METHOD FOR THE ADMINISTRATION AND COMPLETION
OF TRAINING IN THE SAFE OPERATION OF VESSELS, INCLUDING PERSONAL WATER-
CRAFT AND SPECIALTY PROP-CRAFT, FOR THE PURPOSES OF AWARDING A BOATING
SAFETY CERTIFICATE PURSUANT TO THIS SECTION.
S 6. Section 71-d of the navigation law is amended by adding a new
subdivision 1-a to read as follows:
A. 3471--A 4
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) SUCH PERSON PRESENTS GENUINE PROOF OF IDENTIFICATION AND AGE TO
THE LIVERY OPERATOR;
(E) 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. SUCH
RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
(F) 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 May next succeeding
the date on which it shall have become a law; provided, however, that
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such date.