NY State Senate Bill 2017-S7677

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.907
Feb 06, 2018	referred to cultural affairs, tourism, parks and recreation

Votes

- May 1, 2018 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S7677
  
  Aye
  
  7
  
  Nay
  
  1
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: May 1, 2018
      
      aye (7)
      
      Alcantara
      
      Avella
      
      Hoylman-Sigal
      
      Kennedy
      
      Marcellino
      
      Persaud
      
      Serrano
      
      nay (1)
      
      Little
      
      aye wr (5)
      
      Funke
      
      Helming
      
      Marchione
      
      Ritchie
      
      Serino

co-Sponsors

View additional co-sponsors

2017-S7677 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Navigation Law
Laws Affected:: Amd §§49, 79 & 75, Nav L

2017-S7677 (ACTIVE) - Summary

Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete an in-classroom boating safety course.

2017-S7677 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7677

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the navigation law, in relation to
enacting Brianna's Law

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would require individuals to take an in-person boating
safety course in order to operate a mechanically propelled vessel on the
navigable waters.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. This section shall be titled "Brianna's Law"

Section 2. Strikes exemptions, including an exemption for individuals
born after May 1, 1996. Requires all individuals operating a boat to
have completed a boating safety course. Defines boating safety course as
a class that is in-person and approved by the commissioner; Removes
eligibility for internet based boating safety courses; Removes exemption

for those who have recently purchased a boat;

Section 3. Effective date.

 
JUSTIFICATION:

Current law only requires boating classes to be taken by individuals
born after May 1, 1996. Boating safety classes can be taken online under
current law. Majority of boat owners are middle-aged adults who are not
required to take any classes relating to boating. This legislation will
require all individuals operating these powerful propelled vessels to
take a boating safety course and educate these individuals on the
current laws in NYS about boating.

In 12% of accidents between 2005 and 2015, the individuals were required
by law to wear personal floatation devices, but were not. In 2016, there
were 22 boating fatalities. In 11 of these fatalities, alcohol or drugs
were present. Despite the myriad of laws prohibiting drug and alcohol
use while boating, individuals are driving these vessels while under the
influence.

Tragically, Brianna Lieneck was 11 when she was killed in a boating
collision off the coast of Long Island. Her parents were critically
injured in this crash as well. Educating these boating operators on the
laws will ultimately save lives.

There are roughly 450,000 registered powerboats in New York.  Regardless
of whether you have operated a boat in the past, informed vessel opera-
tors will result in safer waterways. All individuals driving a boat must
know the laws of the waterways.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.
 
EFFECTIVE DATE:
Effective 60 days after it shall be passed.  Commissioner is authorized
immediately to promulgate any rules and regulations necessary for the
implementation of this section.

2017-S7677 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7677
 
                             I N  S E N A T E
 
                             February 6, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation
 
 AN ACT to amend the navigation law, in relation  to  enacting  Brianna's
   Law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 "Brianna's Law".
   §  2. Subdivision 1 of section 49 of the navigation law, as amended by
 by chapter 361 of the laws of 2013, paragraph a and subparagraph (i)  of
 paragraph b as amended by chapter 386 of the laws of 2017, is amended to
 read as follows:
   1. No person [born on or after May first, nineteen hundred ninety-six]
 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 at least ten years old and  is  the  holder  of  a
 boating  safety  certificate  issued  to him or her UPON COMPLETION OF A
 BOATING SAFETY COURSE by the commissioner, the United States Power Squa-
 drons, the United States coast guard  auxiliary  or  the  United  States
 sailing  association  for  a  powerboating  course  or courses which are
 approved by the commissioner[; 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, the United States
 coast guard auxiliary or the United States  sailing  association  for  a
 powerboating  course  or courses which are approved by the commissioner,
 or
   (ii) not required by this subdivision to hold a boating safety certif-
 icate in order to operate a mechanically propelled vessel; or

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

                                                            LBD14391-03-8

 S. 7677                             2

   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  boating  safety
 certificate  for  a period of time not to exceed one hundred twenty days
 from the date of purchase].
   [e.] A. The provisions of this subdivision shall not apply to  persons
 who  are:  [born  before  April thirtieth, nineteen hundred ninety-six;]
 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.
   [f.]  B.  The provisions of this subdivision shall supersede all local
 laws or ordinances relating to requirements for boating  safety  certif-
 icates to operate a mechanically propelled vessel.
   C. FOR PURPOSES OF THE SECTION:
   (I)  "BOATING  SAFETY  COURSE"  SHALL  MEAN  AN IN-CLASSROOM COURSE OF
 INSTRUCTION THAT HAS BEEN  APPROVED  BY  THE  COMMISSIONER  PURSUANT  TO
 SECTIONS SEVENTY-FIVE AND SEVENTY-NINE OF THIS ARTICLE; AND
   (II)  "BOATING  SAFETY CERTIFICATE" SHALL MEAN A DOCUMENT WHICH CANNOT
 BE ALTERED AND WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY  COMPLETES
 A BOATING SAFETY COURSE.
   §  3.  Section  79 of the navigation law, as amended by chapter 361 of
 the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
 2017, is amended to read as follows:
   § 79. Courses of instruction. [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  commis-
 sioner  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 for a powerboating course or courses which are  approved  by
 the  commissioner, American power boat association, boy scouts of Ameri-
 ca, 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.
   [2. The commissioner is authorized,  at  his  or  her  discretion,  to
 develop  a method for approving internet-based boating safety courses as
 an  appropriate  and  effective  method  for  the   administration   and
 completion  of  training  in  the  safe  operation of vessels, including
 personal watercraft and specialty prop-craft, for the purposes of award-
 ing a boating safety certificate pursuant to this section.]
   § 4. Section 75 of the navigation law, as amended by  chapter  361  of
 the laws of 2013, is amended to read as follows:

 S. 7677                             3
 
   § 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  IN-CLASSROOM  educa-
 tional  program  designed  to advance boating safety, which provides for
 the training of all boat operators in  the  safe  operation  of  vessels
 including personal watercraft and specialty prop-craft.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S7677

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 1, 2018 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote

Cultural Affairs, Tourism, Parks And Recreation Committee Vote: May 1, 2018

co-Sponsors

2017-S7677 (ACTIVE) - Details

2017-S7677 (ACTIVE) - Summary

2017-S7677 (ACTIVE) - Sponsor Memo

2017-S7677 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

co-Sponsors

2017-S7677 (ACTIVE) - Details

2017-S7677 (ACTIVE) - Summary

2017-S7677 (ACTIVE) - Sponsor Memo

2017-S7677 (ACTIVE) - Bill Text download pdf

Comments