S T A T E   O F   N E W   Y O R K
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                                  1532

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 3 of section 49 of the  navigation  law,
as  amended  by  chapter 805 of the laws of 1992, are amended to read as
follows:
  1. (A) No person [under the age of eighteen  years]  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 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] SUCH PERSON 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.
  (B) THE PROVISIONS OF THIS SUBDIVISION SHALL  NOT  APPLY  TO  PERSONS:
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 ACTING PURSUANT TO  ASSIGNED
DUTIES;  PEACE  OFFICERS  ACTING PURSUANT TO ASSIGNED DUTIES; LIFEGUARDS
ACTING PURSUANT TO ASSIGNED DUTIES; FIRE  AND  RESCUE  PERSONNEL  ACTING
PURSUANT  TO ASSIGNED DUTIES; AND PERSONS LICENSED TO OPERATE VESSELS BY
THE UNITED STATES COAST GUARD OR THE CANADIAN COAST GUARD.  THE  COMMIS-
SIONER  BY  RULE  AND  REGULATION MAY PROVIDE FOR THE EXEMPTION OF ADDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-01-9

              

S. 1532                             2

TIONAL PERSONS NOT LISTED IN THIS PARAGRAPH  FROM  THE  REQUIREMENTS  OF
THIS SECTION.
  3. 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 eighteen years of age or older or,
  b.  the  operator is accompanied therein by a person eighteen years of
age or older or,
  c. the operator is ten years of age or older and] THE OPERATOR 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.
  S  2.  Section  78 of the navigation law, as amended by chapter 138 of
the laws of 1998, is amended to read as follows:
  S 78. Boating safety certificate.   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. The commissioner shall put into
effect  a plan for the training of youthful boat operators and the issu-
ance of such boating safety certificates.   For  the  purposes  of  this
section, the term "boating safety" shall include instruction in the safe
operation  of ANY MECHANICALLY PROPELLED VESSEL, personal watercraft and
specialty prop-craft.
  2. "Boating safety certificate" shall also mean a  certificate  issued
by  the commissioner evidencing that the holder thereof has successfully
completed a course of instruction in  the  safe  operation  of  vessels,
including  THE  SAFE  OPERATION  OF personal watercraft and [speciality]
SPECIALTY prop-craft. The commissioner is authorized to  collect  a  fee
not to exceed ten dollars for the issuance of such certificate which fee
shall  be  deposited  in  the  "I love NY waterways" boating safety fund
established by section ninety-seven-nn of  the  state  finance  law,  as
added  by  chapter  eight  hundred  five of the laws of nineteen hundred
ninety-two, and shall be solely available to support the  administration
of  MECHANICALLY  PROPELLED  VESSEL,  personal  watercraft and specialty
prop-craft safety training and enforcement.
  S 3. This act shall take effect immediately; provided that section one
of this act shall take effect January 1, 2011 and  shall  apply  to  all
operators born on or after January 1, 2011 and shall apply to all opera-
tors  born  on  or  after January 1, 1992; provided further on and after
January 1, 2012 and before January 1, 2013 such section shall  apply  to
all  operators  born on or after January 1, 1980; provided, further that
on and after January 1, 2013 and before January  1,  2014  such  section
shall  apply  to  all  operators  born  on  and  after  January 1, 1970;
provided, further, that on and after January 1, 2014 such section  shall
apply  to  all  operators.  Upon  a finding that courses do not exist in
sufficient numbers to enable the operators of any mechanically propelled
vessel to earn boating  safety  certificates  in  a  timely  fashion  as
required  by  subdivision  1  of  section  49  of the navigation law, as
amended by section one of this act, the commissioner  of  parks,  recre-
ation  and  historic preservation is authorized by rule or regulation to
modify the dates provided in this section.