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

                                  1192

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. LAVINE -- Multi-Sponsored by -- M. of A. RAIA --
  read once and referred to the Committee on Tourism,  Parks,  Arts  and
  Sports Development

AN  ACT to amend the navigation law, in relation to requirements for the
  operation of a boat in tidewaters

  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 361 of the laws  of  2013,  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] FOURTEEN years old and is the holder
of a boating safety certificate issued to him or her by the  commission-
er,  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  accom-
panied  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03310-01-5
              

A. 1192                             2

  [d.]  C.  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.]  D. 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.] E. 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.
  F. EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN,  THE  PROVISIONS  OF
THIS  SUBDIVISION  SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND TWEN-
TY-TWO YEARS OF AGE; EFFECTIVE JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,
THE  PROVISIONS  OF  THIS SUBDIVISION SHALL APPLY TO ALL PERSONS BETWEEN
FOURTEEN AND TWENTY-EIGHT YEARS OF AGE;  EFFECTIVE  JANUARY  FIRST,  TWO
THOUSAND EIGHTEEN, THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL
PERSONS BETWEEN FOURTEEN AND THIRTY-FOUR YEARS OF AGE; EFFECTIVE JANUARY
FIRST,  TWO  THOUSAND NINETEEN, THE PROVISIONS OF THIS SUBDIVISION SHALL
APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY YEARS OF AGE;  EFFECTIVE
JANUARY  FIRST,  TWO THOUSAND TWENTY, THE PROVISIONS OF THIS SUBDIVISION
SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY-SIX YEARS OF  AGE;
EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE PROVISIONS OF THIS
SUBDIVISION SHALL APPLY TO ALL PERSONS.
  S  2. Paragraphs a and b of subdivision 3 of section 49 of the naviga-
tion law, as added by chapter 361 of the laws of 2013,  are  amended  to
read as follows:
  a.  the  operator  is  [born  on  or  before April thirtieth, nineteen
hundred ninety-six] EIGHTEEN YEARS OF AGE OR OLDER; or
  b. the operator is born on or after May first, nineteen hundred  nine-
ty-six,  is  at least [ten] FOURTEEN 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  auxilia-
ry[,]; or
  S  3.  Section  79 of the navigation law, as amended by chapter 361 of
the laws of 2013, 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, 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, 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.

A. 1192                             3

  2. [The commissioner is authorized,  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 award-
ing  a  boating safety certificate pursuant to this section] ALL COURSES
OF INSTRUCTION MUST BE PROCTORED; ONLINE CLASSES ARE NOT PERMITTED.
  S 4. This act shall take effect immediately.