NY State Assembly Bill 2009-A5889

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2010	amended on third reading 5889e
Jun 23, 2010	ordered to third reading rules cal.280 rules report cal.280 reported
Jun 16, 2010	reported referred to rules
Jun 03, 2010	reported referred to codes
Jan 08, 2010	print number 5889d
Jan 08, 2010	amend and recommit to tourism, arts and sports development
Jan 06, 2010	referred to tourism, arts and sports development
Jun 16, 2009	ordered to third reading rules cal.344 rules report cal.344 reported
Jun 15, 2009	reported referred to rules
Jun 10, 2009	reported referred to codes
Jun 09, 2009	print number 5889c
Jun 09, 2009	amend and recommit to tourism, arts and sports development
Jun 05, 2009	print number 5889b
Jun 05, 2009	amend and recommit to tourism, arts and sports development
May 21, 2009	reference changed to tourism, arts and sports development
Apr 06, 2009	print number 5889a
Apr 06, 2009	amend and recommit to transportation
Feb 23, 2009	referred to transportation

2009-A5889 - Details

Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3550
2013-2014: A3471

2009-A5889 - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-A5889 - Bill Text download pdf

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

                                  5889

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. GALEF -- read once and referred 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

A. 5889                             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.

2009-A5889A - Details

Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3550
2013-2014: A3471

2009-A5889A - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-A5889A - Bill Text download pdf

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

                                 5889--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A.  GALEF,  PAULIN,  SPANO, JAFFEE, EDDINGTON --
  Multi-Sponsored by -- M. of A. MAYERSOHN -- read once and referred  to
  the Committee on Transportation -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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,  3 and 7 of section 49 of the navigation
law, subdivisions 1 and 3 as amended by chapter 805 of the laws of 1992,
and subdivision 7 as amended by chapter 138 of the  laws  of  1998,  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; 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 COMMISSIONER  BY  RULE  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-04-9

A. 5889--A                          2

REGULATION MAY PROVIDE FOR THE EXEMPTION OF ADDITIONAL PERSONS NOT LIST-
ED 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.
  7.  A  violation  of subdivision one, one-a, two, THREE or six of this
section shall constitute a violation punishable as set forth in  section
seventy-three-c of this article.
  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.

2009-A5889B - Details

Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3550
2013-2014: A3471

2009-A5889B - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-A5889B - Sponsor Memo

2009-A5889B - Bill Text download pdf

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

                                 5889--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A.  GALEF,  PAULIN,  SPANO, JAFFEE, EDDINGTON --
  Multi-Sponsored by -- M. of A. HOOPER,  MAYERSOHN  --  read  once  and
  referred  to  the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  reference changed to the Committee on Tourism, Arts and
  Sports Development --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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  JANU-
ARY  FIRST,  NINETEEN  HUNDRED  NINETY-TWO  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 AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN-
TY-EIGHT OF PART FIVE OF THIS ARTICLE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-07-9

A. 5889--B                          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, 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.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
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 PART TWO 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.
  S 2.  Paragraphs a, b, and c of subdivision 3 of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-ONE; OR,
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-TWO, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A  BOATING
SAFETY CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-EIGHT OF PART FIVE OF THIS ARTICLE; 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, 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.
  S 3. Paragraphs a and b of subdivision 1-a of section 49 of the  navi-
gation  law,  as amended by chapter 248 of the laws of 2005, are amended
to read as follows:
  a. No person shall operate a personal watercraft  or  specialty  prop-
craft upon the navigable waters of the state or any tidewaters bordering
on  or lying within the boundaries of Nassau and Suffolk counties unless
the operator is fourteen years of age or older and the holder of[, or is
accompanied by a person over eighteen years of age who is the holder of]
a boating safety certificate issued  by  the  commissioner,  the  United
States  power  squadrons,  the  United  States coast guard auxiliary, or
other state or government, as a result of completing a  course  approved
by the commissioner.

A. 5889--B                          3

  b.  No  person  who is the owner of a personal watercraft or specialty
prop-craft 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 or  Suffolk  counties  unless  the
operator  is  fourteen  years  of age or older and the holder of[, or is
accompanied by a person over eighteen years of age who is the holder of]
a boating safety certificate issued  by  the  commissioner,  the  United
States  power  squadrons,  United States coast guard auxiliary, or other
state or government, as a result of completing a course approved by  the
commissioner.
  S  4.  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  5. 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  6.  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
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 7. This act shall take effect January 1, 2010.

co-Sponsors

multi-Sponsors

2009-A5889C - Details

Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3550
2013-2014: A3471

2009-A5889C - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-A5889C - Sponsor Memo

2009-A5889C - Bill Text download pdf

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

                                 5889--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A.  GALEF,  PAULIN,  SPANO, JAFFEE, EDDINGTON --
  Multi-Sponsored by -- M. of A. HOOPER,  MAYERSOHN  --  read  once  and
  referred  to  the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  reference changed to the Committee on Tourism, Arts and
  Sports Development --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

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  JANU-
ARY  FIRST,  NINETEEN  HUNDRED  NINETY-TWO  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 AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN-
TY-EIGHT OF PART FIVE OF THIS ARTICLE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-10-9

A. 5889--C                          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, 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.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
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 PART TWO 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.
  S 2.  Paragraphs a, b, and c of subdivision 3 of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-ONE; OR,
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-TWO, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A  BOATING
SAFETY CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-EIGHT OF PART FIVE OF THIS ARTICLE; 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, 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.
  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 to read as follows:

A. 5889--C                          3

  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 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. For the purpose of giving such courses
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.
  S 6. This act shall take effect January 1, 2010.

co-Sponsors

multi-Sponsors

2009-A5889D - Details

Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3550
2013-2014: A3471

2009-A5889D - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-A5889D - Sponsor Memo

                                BILL NUMBER:A5889D

TITLE  OF  BILL:    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

PURPOSE OR GENERAL IDEA OF  BILL:  The  requirement  of  completing  a
boating  safety  course  will  be a positive step to help decrease the
amount of boating accidents and deaths  on  our  waterways  caused  by
inexperienced and/or reckless boaters.

SUMMARY  OF SPECIFIC PROVISIONS: This bill would require that all boat
operators on mechanically propelled vessels who were born on or  after
January  1,  1992 must hold a Boating Safety Certificate issued to him
or her by the Commissioner. The Commissioner may designate as  his  or
her agent any person they deemed qualified, including, but not limited
to,  certified instructors of the United States Coast Guard Auxiliary,
United States Power Squadrons. Exempt from these requirements  is  any
operator who is accompanied by a person who is 18 years of age and who
either holds a Boating Safety Certificate or is not required to hold a
Boating  Safety  Certificate.  Boat operators who are also owners of a
recently purchased vessel may operate the vessel for up to ninety (90)
days without a Boating Safety Certificate.

Section 71-d of the Navigation Law is also amended  by  adding  a  new

subdivision  1-a  allowing  a  livery to lease, hire or rent a vessel,
except a personal watercraft or specialty prop craft, to a person  who
does  not  possess  a  Boating  Safety Certificate if the person is 18
years or older showing  genuine  proof  of  identification,  that  the
operator  of the livery is the holder of a Boating Safety Certificate,
and provides instruction of boat operation including  a  provision  of
maps.

JUSTIFICATION:  To  ensure that ail persons who operate a mechanically
propelled vessel understand the  proper  boating  laws.  Inexperienced
and/or  reckless  boaters  cause  a  great deal of danger and property
damage when they irresponsibly drive at  excessive  speeds  while  not
obeying  navigation  laws  or do not understand the laws. Many boaters
have never taken a boating safety course and while they may think they
are abiding by the navigation laws, they put themselves,  as  well  as
others,  in danger. While the vast majority of boat operators may know
every aspect of navigation, there are many  who  do  not  realize  the
potential  for  damage  that  can be caused with the slightest mistake
while boating in a heavily boated waterway and being  unaware  of  the
correct   procedures.  This  legislation  enjoys  broad  support.  For
example, boating safety experts  and  instructors  such  as  the  U.S.
Power  Squadrons  and  boating  associations such as the Tug and Barge
Association support this legislation.

PRIOR LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on January 1, 2011.

2009-A5889D - Bill Text download pdf

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

                                 5889--D

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M. of A. GALEF, PAULIN, SPANO, JAFFEE -- Multi-Sponsored
  by -- M. of A.  HOOPER, MAYERSOHN -- read once  and  referred  to  the
  Committee  on  Transportation  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reference  changed to the Committee on Tourism, Arts and Sports Devel-
  opment -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee -- recommitted to the Committee on Tourism, Arts
  and  Sports  Development in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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  JANU-
ARY  FIRST,  NINETEEN  HUNDRED  NINETY-TWO  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-15-0

A. 5889--D                          2

OPERATOR IS AT LEAST TEN YEARS OLD AND IS THE HOLDER OF A BOATING SAFETY
CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN-
TY-EIGHT OF THIS ARTICLE; OR
  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, 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 BOATER SAFETY CERTIF-
ICATE FOR A PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM  THE  DATE  OF
PURCHASE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
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.
  S 2.  Paragraphs a, b, and c of subdivision 3 of  section  49  of  the
navigation  law  are  REPEALED and four new paragraphs a, b, c and d are
added to read as follows:
  A. THE OPERATOR IS BORN ON OR BEFORE DECEMBER  THIRTY-FIRST,  NINETEEN
HUNDRED NINETY-ONE; OR,
  B.  THE  OPERATOR  IS BORN ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED
NINETY-TWO, IS AT LEAST TEN YEARS OF AGE AND IS THE HOLDER OF A  BOATING
SAFETY CERTIFICATE AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-EIGHT OF THIS ARTICLE; 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, 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.
  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

A. 5889--D                          3

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 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  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. For the purpose of giving  such  courses
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.
  S  6.  Section  71-d  of the navigation law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING SUBDIVISION ONE OF  SECTION  FORTY-NINE  OF  THIS
ARTICLE,  A  LIVERY  MAY LEASE, HIRE OR RENT A 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) THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS  FOR
THE LOCAL AREA;
  (E)  SUCH  PERSON  PRESENTS GENUINE PROOF OF IDENTIFICATION AND AGE TO
THE LIVERY OPERATOR;
  (F) 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,  AND  THE
MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
DOCUMENTATION  NUMBERS  OF  THE  LEASED,  HIRED,  OR RENTED VESSEL. SUCH
RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND

A. 5889--D                          4

  (G) 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 January 1, 2011.

co-Sponsors

multi-Sponsors

2009-A5889E (ACTIVE) - Details

Laws Affected:: Amd §§49, 75, 78, 79 & 71-d, rpld §49 sub 3 ¶¶a - c, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3550
2013-2014: A3471

2009-A5889E (ACTIVE) - Summary

Requires boating safety certificates of all persons operating a mechanically propelled vessel; provides exception in the case of new owners and certain renters; provides for a phase in period and penalties for violations.

2009-A5889E (ACTIVE) - Bill Text download pdf

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

                                 5889--E
                                                           R. R. 280

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M. of A. GALEF, PAULIN, SPANO, JAFFEE -- Multi-Sponsored
  by -- M. of A.  HOOPER, MAYERSOHN, McENENY -- read once  and  referred
  to  the  Committee  on  Transportation  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  -- reference changed to the Committee on Tourism, Arts and Sports
  Development -- committee discharged, bill amended,  ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee -- recommitted to the Committee on Tour-
  ism,  Arts  and Sports Development in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported from committee,
  advanced to a third reading, amended and 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  JANU-
ARY  FIRST,  NINETEEN  HUNDRED  NINETY-TWO  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01703-17-0

A. 5889--E                          2

  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
  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 BOATER SAFETY CERTIF-
ICATE  FOR  A  PERIOD OF TIME NOT TO EXCEED NINETY DAYS FROM THE DATE OF
PURCHASE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE:
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.
  S  2.    Paragraphs  a, b, and c of subdivision 3 of section 49 of the
navigation law are REPEALED and four new paragraphs a, b, c  and  d  are
added to read as follows:
  A.  THE  OPERATOR IS BORN ON OR BEFORE DECEMBER THIRTY-FIRST, NINETEEN
HUNDRED NINETY-ONE; OR,
  B. THE OPERATOR IS BORN ON OR AFTER JANUARY  FIRST,  NINETEEN  HUNDRED
NINETY-TWO,  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

A. 5889--E                          3

ACCOMPANIED BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND IS THE
HOLDER OF A BOATING SAFETY CERTIFICATE.
  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 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  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. For the purpose of giving  such  courses
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.
  S  6.  Section  71-d  of the navigation law is amended by adding a new
subdivision 1-a to read as follows:
  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) THE LIVERY OPERATOR PROVIDES A MAP AND/OR NAVIGATIONAL CHARTS  FOR
THE LOCAL AREA;

A. 5889--E                          4

  (E)  SUCH  PERSON  PRESENTS GENUINE PROOF OF IDENTIFICATION AND AGE TO
THE LIVERY OPERATOR;
  (F)  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, AND THE
MODEL, YEAR, NAME OF MANUFACTURER, AND THE STATE REGISTRATION OR FEDERAL
DOCUMENTATION NUMBERS OF THE  LEASED,  HIRED,  OR  RENTED  VESSEL.  SUCH
RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN ONE YEAR; AND
  (G) 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 January 1, 2011.

Assembly Bill A5889

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Assembly Bill A5889

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Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2009-A5889 - Details

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2009-A5889 - Bill Text download pdf

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Amy Paulin

Mike Spano

Ellen C. Jaffee

multi-Sponsors

Earlene Hooper

Nettie Mayersohn

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co-Sponsors

Amy Paulin

Mike Spano

Ellen C. Jaffee

multi-Sponsors

Earlene Hooper

Nettie Mayersohn

John McEneny

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co-Sponsors

Amy Paulin

Mike Spano

Ellen C. Jaffee

multi-Sponsors

Earlene Hooper

Nettie Mayersohn

John McEneny

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