S T A T E O F N E W Y O R K
________________________________________________________________________
7405--A
2017-2018 Regular Sessions
I N A S S E M B L Y
April 25, 2017
___________
Introduced by M. of A. THIELE -- 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 adding the United
States sailing association to those allowed to give boating safety
courses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 7 of section 45 of the naviga-
tion law, as amended by chapter 236 of the laws of 1997, is amended to
read as follows:
(c) When a person is convicted pursuant to this article the court may,
in any case before the court, and shall when the convicted person is
subject to a suspension pursuant to this subdivision, in addition to any
other penalties invoked under this article, require the convicted
person, as a condition of the sentence, to complete a boating safety
course of the state, U.S. Power Squadrons, [or] U.S. Coast Guard Auxil-
iary, OR UNITED STATES SAILING ASSOCIATION and show proof of successful
completion of such course to the court or its designee; PROVIDED, HOWEV-
ER, THAT THE UNITED STATES SAILING ASSOCIATION MAY ISSUE BOATING SAFETY
CERTIFICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT HANDLING AND/OR
BASIC CRUISING POWERBOAT COURSES.
§ 2. Paragraph a and subparagraph (i) of paragraph b of subdivision 1
of section 49 of the navigation law, paragraph a as amended and subpara-
graph (i) of paragraph b as added by chapter 361 of the laws of 2013,
are amended to read as follows:
a. the operator is at least ten years old and is the holder of a boat-
ing safety certificate issued to him or her by the commissioner, the
United States Power Squadrons [or], the United States coast guard auxil-
iary OR THE UNITED STATES SAILING ASSOCIATION; PROVIDED, HOWEVER, THAT
THE UNITED STATES SAILING ASSOCIATION MAY ISSUE BOATING SAFETY CERTIF-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10237-03-7
A. 7405--A 2
ICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT HANDLING AND/OR BASIC
CRUISING POWERBOAT COURSES; or
(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 THE UNITED STATES SAILING ASSOCIATION;
PROVIDED, HOWEVER, THAT THE UNITED STATES SAILING ASSOCIATION MAY ISSUE
BOATING SAFETY CERTIFICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT
HANDLING AND/OR BASIC CRUISING POWERBOAT COURSES, or
§ 3. Subdivision 1-a of section 49 of the navigation law, as added by
chapter 138 of the laws of 1998, paragraphs a, b, c, and d as amended by
chapter 248 of the laws of 2005, is amended to read as follows:
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 years of age or older and the hold-
er 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 auxil-
iary, THE UNITED STATES SAILING ASSOCIATION, or other state or govern-
ment, as a result of completing a course approved by the commissioner;
PROVIDED, HOWEVER, THAT THE UNITED STATES SAILING ASSOCIATION MAY ISSUE
BOATING SAFETY CERTIFICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT
HANDLING AND/OR BASIC CRUISING POWERBOAT COURSES.
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, THE UNITED
STATES SAILING ASSOCIATION, or other state or government, as a result of
completing a course approved by the commissioner; PROVIDED, HOWEVER,
THAT THE UNITED STATES SAILING ASSOCIATION MAY ISSUE BOATING SAFETY
CERTIFICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT HANDLING AND/OR
BASIC CRUISING POWERBOAT COURSES.
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, THE
UNITED STATES SAILING ASSOCIATION or other state or government, accompa-
nied shall also mean within view and not more than five hundred feet
from a person aboard a vessel or personal watercraft, who is over eigh-
teen 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, THE UNITED STATES SAILING ASSOCIATION or other
state or government, as a result of completing a course approved by the
commissioner; PROVIDED, HOWEVER, THAT THE UNITED STATES SAILING ASSOCI-
ATION MAY ISSUE BOATING SAFETY CERTIFICATES ONLY UPON COMPLETION OF THE
SAFE POWERBOAT HANDLING AND/OR BASIC CRUISING POWERBOAT COURSES.
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
A. 7405--A 3
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.
§ 4. Paragraph b and subparagraph (i) of paragraph c of subdivision 3
of section 49 of the navigation law, as added by chapter 361 of the laws
of 2013, are amended to read as follows:
b. the operator is born on or after May first, nineteen hundred nine-
ty-six, 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
THE UNITED STATES SAILING ASSOCIATION; PROVIDED, HOWEVER, THAT THE
UNITED STATES SAILING ASSOCIATION MAY ISSUE BOATING SAFETY CERTIFICATES
ONLY UPON COMPLETION OF THE SAFE POWERBOAT HANDLING AND/OR BASIC CRUIS-
ING POWERBOAT COURSES, or
(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 THE UNITED STATES SAILING ASSOCIATION;
PROVIDED, HOWEVER, THAT THE UNITED STATES SAILING ASSOCIATION MAY ISSUE
BOATING SAFETY CERTIFICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT
HANDLING AND/OR BASIC CRUISING POWERBOAT COURSES, or
§ 5. Subdivision 13 of section 49-a of the navigation law, as added by
chapter 805 of the laws of 1992, is amended to read as follows:
13. Boating safety course. Upon the conviction of any subdivision of
this section, the court shall, in addition to any other penalties
invoked under this section, require the convicted person, as a condition
of the sentence, to complete a boating safety course of the state, U.S.
Power Squadrons [or], U.S. Coast Guard Auxiliary OR THE UNITED STATES
SAILING ASSOCIATION and show proof of successful completion of such
course to the court or its designee; PROVIDED, HOWEVER, THAT THE UNITED
STATES SAILING ASSOCIATION MAY ISSUE BOATING SAFETY CERTIFICATES ONLY
UPON COMPLETION OF THE SAFE POWERBOAT HANDLING AND/OR BASIC CRUISING
POWERBOAT COURSES.
§ 6. Subdivision 1 of section 79 of the navigation law, as amended by
chapter 361 of the laws of 2013, is amended to read as follows:
1. For the purpose of giving such courses of instruction and awarding
boating safety certificates, the commissioner 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, THE
UNITED STATES SAILING ASSOCIATION, American power boat association, boy
scouts of America, Red Cross and other organizations; PROVIDED, HOWEVER,
THAT THE UNITED STATES SAILING ASSOCIATION MAY ISSUE BOATING SAFETY
CERTIFICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT HANDLING AND/OR
BASIC CRUISING POWERBOAT COURSES. 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.
§ 7. Subdivision (c) of section 103 of the navigation law, as added by
chapter 420 of the laws of 1995, is amended to read as follows:
A. 7405--A 4
(c) When a person is convicted pursuant to this article and is subject
to a suspension pursuant to this subdivision, the court shall, in addi-
tion to any other penalties invoked under this article, require the
convicted person, as a condition of the sentence, to complete a boating
safety course of the state, U.S. Power Squadrons, [or] U.S. Coast Guard
Auxiliary, OR THE UNITED STATES SAILING ASSOCIATION and show proof of
successful completion of such course to the court or its designee;
PROVIDED, HOWEVER, THAT THE UNITED STATES SAILING ASSOCIATION MAY ISSUE
BOATING SAFETY CERTIFICATES ONLY UPON COMPLETION OF THE SAFE POWERBOAT
HANDLING AND/OR BASIC CRUISING POWERBOAT COURSES.
§ 8. This act shall take effect immediately.