S T A T E   O F   N E W   Y O R K
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                                  8280

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 2013
                               ___________

Introduced  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.
                                                           LBD11687-03-3

              

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  [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 FIFTEEN,  THE  PROVISIONS  OF
THIS  SUBDIVISION  SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND TWEN-
TY-TWO YEARS OF AGE; EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN,  THE
PROVISIONS  OF THIS SUBDIVISION SHALL APPLY TO ALL PERSONS BETWEEN FOUR-
TEEN AND TWENTY-EIGHT YEARS OF AGE; EFFECTIVE JANUARY FIRST,  TWO  THOU-
SAND  SEVENTEEN,  THE  PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL
PERSONS BETWEEN FOURTEEN AND THIRTY-FOUR YEARS OF AGE; EFFECTIVE JANUARY
FIRST, TWO THOUSAND EIGHTEEN, THE PROVISIONS OF THIS  SUBDIVISION  SHALL
APPLY  TO ALL PERSONS BETWEEN FOURTEEN AND FORTY YEARS OF AGE; EFFECTIVE
JANUARY FIRST, TWO THOUSAND NINETEEN, THE PROVISIONS OF THIS SUBDIVISION
SHALL APPLY TO ALL PERSONS BETWEEN FOURTEEN AND FORTY-SIX YEARS OF  AGE;
EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND TWENTY, 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.

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  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 on the  same  date  and  in  the  same
manner as chapter 361 of the laws of 2013, takes effect.