senate Bill S747

Relates to boating safety certificates

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 29 / Jan / 2013
    • 1ST REPORT CAL.13
  • 04 / Feb / 2013
    • 2ND REPORT CAL.
  • 05 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES

Summary

Requires all persons who operate a mechanically propelled vessel to hold a boating safety certificate; requires the department of parks, recreation and historic preservation, in conjunction with the department of motor vehicles, to conduct a twenty-four month focused public information session campaign to make the public aware of changes to the boating safety certificate requirements.

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Bill Details

See Assembly Version of this Bill:
A3176
Versions:
S747
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Navigation Law
Laws Affected:
Amd §§49, 75, 78 & 79, add §§78-b & 78-c, Nav L; amd §2251, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
S7831, A10805

Votes

13
1
13
Aye
1
Nay
5
aye with reservations
0
absent
0
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S747

TITLE OF BILL:
An act
to amend the navigation law and the vehicle and traffic law,
in relation to boating safety certificates

PURPOSE:
To assure that all boaters have the requisite knowledge to operate a
mechanically propelled vessel safely.

SUMMARY OF PROVISIONS:
Section 1 amends section 49 of the Navigation Law to allow only
persons over the age of 10 to operate a mechanically propelled
vessel; to allow person 10-13 to operate only when accompanied by a
person 18 or older with a safety certificate; to allow persons 14 and
older without a safety certificate to operate when accompanied by a
person 18 or older with a safety certificate; and to allow person
14-17 with a safety certificate to operate unaccompanied between
sunrise and sunset. Additionally, it provides that an owner shall
only allow person who authorized as provided above to operate his or
her vessel.

Section 2 amends section 75 of the Navigation Law to reflect the
general scope of the boater education program.

Section 3 amends section 78 of the Navigation Law to reflect the
general scope of the boater education program.

Section 4 amends section 79 of the Navigation Law to reflect the
general scope of the boater education program.

Section 5 adds a new section 79-b to the Navigation Law allowing the
Department of Parks and Recreation and Historical Preservation to
promulgate rules and regulations regarding temporary boating safety
certificates for those who rent a vessel; additionally, it adds a new
section 79-c, which provides for a written test in lieu of a boating
safety course for experienced boaters.

Section 6 amends section 2251 of the VTL to provide that no boat shall
be registered, re-registered or transferred to any person who is not
the holder of a boating safety certificate.

Section 7 provides that the bill shall take effect immediately and
that the Department of Parks and Recreation along with the DMV shall
conduct a public awareness campaign; provided however that 180 days
from effective date, persons under 18 must have a boating safety
certificate to operate under section 1 of the act; provided further 1
year after the effective date of the act, persons 18 and over who
were not registered boat owners at the effective date of the act must
have a boating safety certificate to operate under section 1 of the
act; provided further that 2 years after the effective date of the
act, persons 18 and over who were registered boat owners at the
effective date of the act must have a boating safety certificate to
operate under section 1 of the act.


EXISTING LAW:
Under current law, any person under the age of 18 may operate a
mechanically propelled vessel when accompanied by a person over 18
(with or without a boating safety certificate), any person 10 and over
may operate unaccompanied, if that person has a boating safety
certificate, and any person over the age of 18 (with or without a
boating safety certificate) can operate a mechanically propelled
vessel.

JUSTIFICATION:
This bill recognizes the vital nature of boating to the State of New
York and recognizes that in large measure that that vitality depends
on the safety of New York's waterways. This bill amends the
Navigation Law to require that at all times a person who is trained
in boating safety is on board a mechanically propelled vessel during
operation. Current law allows any person over the age of 18, whether
or not he or she has received any training, to operate a vessel of
any size on any body of water. This is not prudent. The rules of New
York's waterways are in every sense as complicated as those of New
York's roadways, and it is therefore commonsense to require that all
boater have training in these rules to assure the safe operation of
all vessels and the safety of others utilizing the waterways.

LEGISLATIVE HISTORY:
2011: Rules Committee (S.7831/A.10805)

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
Immediately and the Department of Parks and Recreation in consultation
with the DMV shall conduct a public awareness campaign to make the
public aware of the changes in the safety certificate requirements.
180 days, all persons under 18 must comply with the new safety
certificate requirements; 1 year, all persons 18 and older who are
not at the effective date registered boat owners must comply with the
new safety certificate requirements; 2 years, all persons 18 and over
who are at the effective date registered boat owners must comply with
the safety certificate requirements.

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

                                   747

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN  ACT  to amend the navigation law and the vehicle and traffic law, in
  relation to boating safety certificates

  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.  No  person  under  the age of [eighteen] TEN 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:]. NO PERSON TEN YEARS OF AGE OR OLDER SHALL
OPERATE A MECHANICALLY PROPELLED VESSEL ON THE NAVIGABLE WATERS  OF  THE
STATE  OR  ANY  TIDEWATER BORDERING ON OR LYING WITHIN THE BOUNDARIES OF
NASSAU AND SUFFOLK COUNTIES, EXCEPT AS FOLLOWS:
  a. [the operator is accompanied therein by a person  who  is  eighteen
years  of  age or older, or,] PERSONS TEN YEARS OF AGE TO THIRTEEN YEARS
OF AGE SHALL ONLY  OPERATE A MECHANICALLY PROPELLED VESSEL WHEN ACCOMPA-
NIED BY A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS 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 OTHER STATE OR GOVERNMENT;
  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.]
PERSONS FOURTEEN YEARS OF  AGE  OR  OLDER  MAY  OPERATE  A  MECHANICALLY
PROPELLED  VESSEL  WHEN ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF AGE OR
OLDER WHO IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED TO    HIM
OR  HER  BY  THE  COMMISSIONER,  THE  UNITED STATES POWER SQUADRONS, THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01428-01-3

S. 747                              2

UNITED STATES COAST GUARD AUXILIARY OR OTHER STATE OR GOVERNMENT, OR MAY
OPERATE A MECHANICALLY PROPELLED VESSEL UNACCOMPANIED IF SUCH PERSON  IS
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 OTHER STATE OR GOVERNMENT; PROVIDED, HOWEVER, THAT A
PERSON FOURTEEN YEARS OF AGE TO SEVENTEEN YEARS OF AGE WHO IS THE HOLDER
OF A BOATING SAFETY CERTIFICATE ISSUED TO HIM OR HER BY THE  COMMISSION-
ER,  THE  UNITED  STATES  POWER SQUADRONS, THE UNITED STATES COAST GUARD
AUXILIARY OR OTHER STATE OR GOVERNMENT MAY ONLY OPERATE  A  MECHANICALLY
PROPELLED VESSEL UNACCOMPANIED BETWEEN SUNRISE AND SUNSET;
  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] TEN YEARS OF AGE
TO THIRTEEN YEARS OF AGE AND ACCOMPANIED BY A PERSON EIGHTEEN  YEARS  OF
AGE OR OLDER WHO IS 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 OTHER STATE OR GOVERNMENT 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 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] FOUR-
TEEN YEARS OF AGE OR OLDER AND ACCOMPANIED BY A PERSON EIGHTEEN YEARS OF
AGE OR OLDER WHO IS 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 OTHER STATE OR GOVERNMENT, OR IS
OPERATING BETWEEN SUNRISE AND SUNSET AND IS  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 OTHER
STATE OR GOVERNMENT.
  S 2. 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 3. Subdivision 1 of section 78 of the navigation law, as amended  by
chapter 138 of the laws of 1998, is amended 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.
  S 4. 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. For the purpose of giving such courses
of instruction and  awarding  boating  safety  certificates,  [including

S. 747                              3

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.
  S 5. The navigation law is amended by adding two new sections 78-b and
78-c to read as follows:
  S 78-B. COURSES OF INSTRUCTION FOR RENTERS OF VESSELS. THE COMMISSION-
ER  SHALL  ESTABLISH  RULES  AND   REGULATIONS   PURSUANT   TO   SECTION
SEVENTY-SEVEN OF THIS PART PROVIDING FOR A COURSE OF INSTRUCTION FOR AND
THE  ISSUANCE  OF  A  TEMPORARY BOATING SAFETY CERTIFICATE TO RENTERS OF
VESSELS.
  S 78-C. WRITTEN TEST IN LIEU OF COURSE OF INSTRUCTION. THE COMMISSION-
ER  SHALL  ESTABLISH  RULES  AND   REGULATIONS   PURSUANT   TO   SECTION
SEVENTY-SEVEN  OF  THIS  PART  PROVIDING FOR A WRITTEN TEST IN LIEU OF A
COURSE OF INSTRUCTION FOR PERSONS OVER THE AGE OF  EIGHTEEN  AS  OF  THE
EFFECTIVE  DATE OF THIS SECTION THAT ATTEST TO HAVING ACQUIRED IN EXCESS
OF ONE HUNDRED HOURS OF OPERATION OF A MECHANICALLY PROPELLED VESSEL.
  S 6. Section 2251 of the vehicle and traffic law is amended by  adding
a new subdivision 10 to read as follows:
  10.  BOATING  SAFETY  CERTIFICATES. THE OWNER OF EACH VESSEL REQUIRING
REGISTRATION UNDER THIS SECTION SHALL PRESENT TO THE COMMISSIONER AT THE
TIME OF REGISTRATION, RE-REGISTRATION OR CHANGE OF OWNERSHIP PROOF  THAT
THE  OWNER IS THE HOLDER OF A BOATING SAFETY CERTIFICATE ISSUED PURSUANT
TO PART FIVE OF ARTICLE FOUR OF THE NAVIGATION LAW  PRIOR  TO  REGISTRA-
TION.
  S  7.  This  act  shall  take effect immediately and the department of
parks, recreation and historic preservation, in  consultation  with  the
department  of  motor vehicles, shall conduct a two year public informa-
tion campaign to make the public aware of changes to the boating  safety
certificate  requirements;  provided  however  that  180  days after the
effective date of this act, persons under the age of  eighteen  may  not
operate  a  mechanically  propelled vessel pursuant to the provisions of
section one of this act unless they are  holders  of  a  boating  safety
certificate;  provided further that one year after the effective date of
this act, persons eighteen years of age and older who  were  not  regis-
trants of vessels pursuant to article 48  of the vehicle and traffic law
as  of  the  effective  date  of this act may not operate a mechanically
propelled vessel pursuant to section one  of  this  act;  and,  provided
further  that  two  years  after the effective date of this act, persons
eighteen years of age and older who were registrants of vessels pursuant
to article 48 of the vehicle and traffic law as of the effective date of
this act may not operate a mechanically  propelled  vessel  pursuant  to
section one of this act.

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