S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9806--A
 
                           I N  A S S E M B L Y
 
                             February 9, 2018
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE, M. G. MILLER, ORTIZ, SEAWRIGHT,
   PELLEGRINO, D'URSO, McDONOUGH, RAIA, MONTESANO, GIGLIO, RAMOS, TITONE,
   RIVERA, TITUS, QUART, GALEF, JAFFEE, WOERNER,  LAWRENCE,  RA,  ERRIGO,
   COOK,  DICKENS,  LAVINE,  NIOU, BARRON, BICHOTTE, DINOWITZ, BENEDETTO,
   ARROYO, L. ROSENTHAL, BYRNE, CARROLL, M. L. MILLER,  GARBARINO,  PRET-
   LOW,  DiPIETRO, JOHNS, BARRETT, ABINANTI, WEPRIN, BRINDISI, CASTORINA,
   WALSH,  SANTABARBARA,  CUSICK,  WILLIAMS,  HEVESI,  McDONALD,   AUBRY,
   B. MILLER,  MOSLEY,  BUCHWALD, BRABENEC, COLTON, PERRY, STERN, STIRPE,
   STECK, DE LA ROSA, HYNDMAN,  TAYLOR,  SMITH,  SOLAGES,  FAHY,  WALKER,
   LIFTON,  HUNTER,  D. ROSENTHAL, FERNANDEZ, VANEL, HOOPER, MALLIOTAKIS,
   TAGUE, PALUMBO, RODRIGUEZ, BUTLER, FINCH, PICHARDO, HAWLEY,  DILAN  --
   Multi-Sponsored  by  --  M.  of A. ABBATE, ASHBY, BLANKENBUSH, CURRAN,
   DAVILA, DenDEKKER, ENGLEBRIGHT, EPSTEIN, FITZPATRICK, FRIEND,  HIKIND,
   KIM,  LENTOL,  LUPARDO,  MURRAY,  PALMESANO,  SIMON,  SIMOTAS, THIELE,
   WALTER -- read once and referred to the Committee on  Tourism,  Parks,
   Arts  and Sports Development -- reported and referred to the Committee
   on Codes -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Brianna's Law".
   § 2. Subdivision 1 of section 49 of the navigation law, as amended  by
 by  chapter 361 of the laws of 2013, paragraph a and subparagraph (i) of
 paragraph b as amended by chapter 386 of the laws of 2017, is amended to
 read as follows:
   1. No person [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 counties, unless[:
   a.]  the  operator  is  at  least ten years old and is the holder of a
 boating safety certificate issued to him or her  UPON  COMPLETION  OF  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14391-08-8

 A. 9806--A                          2
 
 BOATING SAFETY COURSE by the commissioner, the United States Power Squa-
 drons,  the  United  States  coast  guard auxiliary or the United States
 sailing association for a  powerboating  course  or  courses  which  are
 approved by the commissioner[; 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, the  United  States
 coast  guard  auxiliary  or  the United States sailing association for a
 powerboating course or courses which are approved by  the  commissioner,
 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.]  A. The provisions of this subdivision shall not apply to persons
 who are: [born before April  thirtieth,  nineteen  hundred  ninety-six;]
 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.
   [f.] B. The provisions of this subdivision shall supersede  all  local
 laws  or  ordinances relating to requirements for boating safety certif-
 icates to operate a mechanically propelled vessel.
   C. FOR PURPOSES OF THE SECTION:
   (I) "BOATING SAFETY COURSE" SHALL MEAN A COURSE  OF  INSTRUCTION  THAT
 HAS  BEEN APPROVED BY THE COMMISSIONER PURSUANT TO SECTIONS SEVENTY-FIVE
 AND SEVENTY-NINE OF THIS ARTICLE; AND
   (II) "BOATING SAFETY CERTIFICATE" SHALL MEAN A DOCUMENT  WHICH  CANNOT
 BE  ALTERED AND WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY COMPLETES
 A BOATING SAFETY COURSE.
   § 3. Section 79 of the navigation law, as amended by  chapter  361  of
 the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
 2017, is amended to read as follows:
   § 79. Courses of instruction. 1. For the purpose of giving such cours-
 es  of instruction and awarding boating safety certificates, the commis-
 sioner may designate as his or her agent  any  person  the  commissioner
 deems  qualified to act in such capacity, including, but not limited to,
 certified instructors of the United States coast guard auxiliary, United
 States power squadrons, the United  States  sailing  association  for  a
 powerboating  course  or courses which are approved by the commissioner,
 American power boat association, boy scouts of America,  Red  Cross  and

 A. 9806--A                          3
 
 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  eigh-
 teen 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.   ALL APPROVED INTERNET-
 BASED BOATING SAFETY COURSES SHALL VERIFY THE IDENTITY OF EACH  INDIVID-
 UAL  TAKING SUCH COURSE, PRIOR TO AWARDING A BOATING SAFETY CERTIFICATE,
 IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE  COMMISSION-
 ER.
   §  4. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.