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.