Senate Bill S2606

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

                                  2606

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by Sen. FLANAGAN -- 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
  who operate a mechanically propelled vessel to hold 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, 1-a and 3 of section 49 of  the  navigation
law, subdivisions 1 and 3 as amended by chapter 805 of the laws of 1992,
subdivision  1-a  as  added by chapter 138 of the laws of 1998 and para-
graphs a, b, c and d of subdivision 1-a as amended by chapter 248 of the
laws of 2005, are amended to read as follows:
  1. No person [under the age of eighteen years] shall operate a mechan-
ically 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 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 auxil-
iary[.], OR OTHER STATE OR GOVERNMENT; AND
  B. IF SUCH OPERATOR IS UNDER SIXTEEN YEARS OF AGE:
  (I) HE OR SHE IS ACCOMPANIED ABOARD SUCH VESSEL BY  A  PERSON  WHO  IS
SIXTEEN  YEARS  OF  AGE OR OLDER WHO HOLDS SUCH A BOATING SAFETY CERTIF-
ICATE; OR
  (II) HE OR SHE IS AT LEAST THIRTEEN YEARS OF AGE AND  IS  OPERATING  A
VESSEL:
  (A)  PROPELLED  SOLELY  BY  A  MOTOR  OF LESS THAN ONE HORSEPOWER OR A
TWELVE VOLT ELECTRIC TROLLING MOTOR, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05857-01-9

              

S. 2606                             2

  (B) WHICH IS TWELVE FEET IN LENGTH OR LONGER PROPELLED BY A  MOTOR  OF
TEN HORSEPOWER OR LESS.
  1-a.  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 coun-
ties unless the operator is [fourteen] TEN 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 commission-
er, 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; PROVIDED THAT EVERY OPERATOR  OF  A
PERSONAL  WATERCRAFT  OR SPECIALTY PROP-CRAFT WHO IS UNDER SIXTEEN YEARS
OF AGE SHALL BE ACCOMPANIED ABOARD SUCH CRAFT BY A PERSON SIXTEEN  YEARS
OF AGE OR OLDER WHO HOLDS SUCH A BOATING SAFETY CERTIFICATE.
  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] TEN 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; PROVIDED THAT IF THE OPERATOR IS UNDER THE AGE OF  SIXTEEN
YEARS,  NO  SUCH  OWNER  SHALL AUTHORIZE OR PERMIT THE OPERATION OF SUCH
CRAFT UNLESS THE OPERATOR IS ACCOMPANIED ABOARD SUCH CRAFT BY  A  PERSON
SIXTEEN  YEARS  OF  AGE OR OLDER WHO HOLDS SUCH A BOATING SAFETY CERTIF-
ICATE.
  c. For the purposes of this subdivision "accompanied" shall mean  upon
the  vessel.  [Provided, however, that until January first, two thousand
nine, in relation to a person less than fourteen 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, accompanied shall also mean within  view  and
not  more  than  five  hundred  feet  from  a  person aboard a vessel or
personal watercraft, who is over eighteen years of age and 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.]
  d.  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-
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:

S. 2606                             3

  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 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 Auxil-
iary[.], OR OTHER STATE OR GOVERNMENT; AND
  B. IF SUCH OPERATOR IS UNDER SIXTEEN YEARS OF AGE:
  (I)  HE  OR  SHE  IS ACCOMPANIED ABOARD SUCH VESSEL BY A PERSON WHO IS
SIXTEEN YEARS OF AGE OR OLDER WHO HOLDS SUCH A  BOATING  SAFETY  CERTIF-
ICATE; OR
  (II) HE OR SHE IS AT LEAST THIRTEEN YEARS OF AGE AND WILL BE OPERATING
A VESSEL:
  (A)  PROPELLED  SOLELY  BY  A  MOTOR  OF LESS THAN ONE HORSEPOWER OR A
TWELVE VOLT ELECTRIC TROLLING MOTOR; OR
  (B) WHICH IS TWELVE FEET IN LENGTH OR LONGER PROPELLED BY A  MOTOR  OF
TEN HORSEPOWER OR LESS.
  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
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. This act shall take effect immediately; provided that section one
of  this act shall take effect on the first of April next succeeding the
date on which it shall have become a law.