NY State Senate Bill 2013-S1639A

Senate Bill S1639A

Signed By Governor

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 27, 2013	signed chap.361
Sep 17, 2013	delivered to governor
Jun 21, 2013	returned to senate passed assembly ordered to third reading cal.252 substituted for a3471a referred to codes
Jun 20, 2013	delivered to assembly passed senate
Jun 10, 2013	amended on third reading 1639a
May 23, 2013	advanced to third reading
May 22, 2013	2nd report cal.
May 21, 2013	1st report cal.681
Jan 09, 2013	referred to transportation

Votes

- Jun 20, 2013 - Floor Vote
  S1639A
  
  50
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2013
      
      aye (50)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Latimer
      
      Marcellino
      
      Martins
      
      Maziarz
      
      Montgomery
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Zeldin
      
      nay (13)
      
      Ball
      
      Farley
      
      Griffo
      
      Lanza
      
      Libous
      
      Little
      
      Marchione
      
      Nozzolio
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Seward
      
      Young
  May 21, 2013 - Transportation Committee Vote
  S1639A
  
  16
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 21, 2013
      
      aye (16)
      
      Carlucci
      
      Diaz
      
      Dilan
      
      Fuschillo
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Maziarz
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Squadron
      
      Stavisky
      
      Young
      
      aye wr (2)
      
      Gipson
      
      Zeldin

Bill Amendments

Original

A (Active)

2013-S1639 - Details

See Assembly Version of this Bill:: A3471
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
2011-2012: S6633, A3550

2013-S1639 - Summary

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

2013-S1639 - Sponsor Memo

                                BILL NUMBER:S1639          REVISED MEMO 05/21/13

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:

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 PROVISIONS:

This bill would require that all boat operators on mechanically
propelled vessels who were born on or after January 1, 1995 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.

LEGISLATIVE HISTORY:

S.6623 - 2012 - Transportation; Passed the Assembly S.5752-D 2009-10 -
Transportation; Passed the Assembly S.8073 2007-2008 - Referred to
Transportation

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.

2013-S1639 - Bill Text download pdf

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

                                  1639

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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-FIVE  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

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

                                                           LBD04200-01-3

S. 1639                             2

  (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 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-FOUR; OR,
  B. THE OPERATOR IS BORN ON OR AFTER JANUARY  FIRST,  NINETEEN  HUNDRED
NINETY-FIVE, 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. 1639                             3

  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]
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.

2013-S1639A (ACTIVE) - Details

See Assembly Version of this Bill:: A3471
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
2011-2012: S6633, A3550

2013-S1639A (ACTIVE) - Summary

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

2013-S1639A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1639A

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:
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 PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 49 of the
Navigation law to provide that no person born on or after May 1, 1996
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:

a. the operator is at least 10 years old and is the holder of a
boating safety certificate issued by the Commissioner of Parks,
Recreation and Historic Preservation, the United States Power

Squadrons or the United States Coast Auxiliary; or

b. the operator is younger than 18 years-of-age and is accompanied on
the mechanically propelled vessel by at least one person who is at
least 18 years-of-age and is the holder of a boating safety
certificate or who is not required by this subdivision to hold a
boating safety certificate; or

c. the operator is 18 years of age or older, is a person required by
this subdivision to hold a boating safety certificate and is
accompanied by at least one person who is at least 18 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 120 days from the date
of purchase.

This section also provides that the provisions of this subdivision
shall not apply to persons who are: born on or before April 30, 1996;
certified by the Commissioner as boating safety instructors; members
of the U.S. Power Squadrons; members of the U.S. Coast Guard
Auxiliary; holders of a public vessel license; police officers, peace
officers, fire personnel, rescue personnel or lifeguards, when acting
pursuant to assigned duties; or licensed to operate vessels by the
U.S. or Canadian Coast Guard. This section also provides that the
Commissioner may, by rule or regulation, provide for the exemption of
additional persons not specifically
listed. Lastly, this section provides that the provisions of
this subdivision shall supersede any local law or ordinance relating


to requirements for boating safety certificates to operate a
mechanically propelled vessel.

Section 2 of the bill amends subdivision 3 of section 49 of the
Navigation law to provide that 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 born on or before April 30, 1996; or

b. the operator is born on or after May 1, 1996, is at least 10
years-of-age and is the holder of a boating safety certificate issued
by the Commissioner, the U.S. Power Squadrons or the U.S. Coast
Guard; or

c. the operator is younger than 18 years-of-age and is accompanied on
the mechanically propelled vessel by at least one person 18
years-of-age or older who is the holder of a boating safety
certificate or is not required by subdivision 1 of this section to
hold a boating safety certificate in order to operate a mechanically
propelled vessel; or

d. the operator is 18 years-of-age or older, is a person required by
subdivision 1 of this section to hold a boating safety certificate
and is accompanied by a person who is at least 18 years-of-age and is
the holder of a boating safety certificate.

This section also provides that the provisions of this subdivision
shall supersede any local law or ordinance relating to requirements
for boating safety certificates to operate a mechanically propelled
vessel.

Section 3 of the bill amends section 75 of the navigation law to
stipulate that the existing comprehensive boating safety education
program initiated and put into effect by the Commissioner shall
provide for the training of all boat operators in the safe operation
of vessels.

Section 4 of the bill amends subdivision 1 of section 78 of the
Navigation law to stipulate that the existing plan put into effect by
the Commissioner for boating safety training and the issuance of
boating safety certificates shall apply to all boat operators. This
section also adds a new subdivision 3 to this section that authorizes
and directs the Commissioner to establish a system for tracking and
replacing boating safety certificates that have been issued by the
Commissioner, and further authorizes the Commissioner to require that
any other entity approved by the Commissioner to provide courses of
instruction and issue boating safety certificates also establish a
system for tracking and replacing boating safety certificates so as
to enable the replacement of lost or stolen certificates.

Section 5 of the bill amends section 79 of the Navigation law by
numbering the first paragraph and adding a new paragraph 2 to
authorize the Commissioner, at his or her discretion, to develop 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 watercraft and specialty prop-craft, for the purposes of
awarding boating safety certificates.

Section 6 of the bill adds a new subdivision 1-a to section 71-d of
the Navigation law to provide that a livery may lease, hire or rent a
mechanically propelled vessel to a person who is not the holder of a
boating safety certificate if:

a. the person is 18 years-of-age 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 of the vessel, explains and demonstrates, by video or actual
demonstration, the operation of such vessel and the location of the
vessel's safety equipment;

c. such person, after receiving the aforementioned explanation and
demonstration, demonstrates the ability to operate the vessel and
applicable safety equipment;

d. such person presents genuine proof of identification and age to the
livery operator;

e. the livery operator, or his or her 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

f. the vessel is not leased, hired or rented to the same person for a
period not exceeding sixty days.

Section 7 of the bill provides the effective date.

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 operate at excessive speeds while 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 120 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 and does not
change existing law regarding the operation of personal watercraft or
specialty prop-craft.


LEGISLATIVE HISTORY:
S.6633 - 2012 - Transportation; Passed the Assembly
S.5752-D 2009-10 - Transportation; Passed the Assembly
S.8073 2007-2008 - Referred to Transportation

FISCAL IMPLICATIONS: None.

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

2013-S1639A (ACTIVE) - Bill Text download pdf

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

                                 1639--A
    Cal. No. 681

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in 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
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04200-04-3

S. 1639--A                          2

  (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.
  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. 1639--A                          3

  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:
  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;

S. 1639--A                          4

  (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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.