S T A T E O F N E W Y O R K
________________________________________________________________________
9092
I N S E N A T E
June 15, 2018
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
c. the operator is eighteen years of age or older, is a person
required by this subdivision to hold a boating safety certificate in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14391-09-8
S. 9092 2
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 A 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 cours-
es of instruction and awarding boating safety certificates, the commis-
sioner 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 for a
powerboating course or courses which are approved by the commissioner,
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 eigh-
teen years of age.
2. The commissioner is authorized, at his or her discretion, to devel-
op 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 water-
craft and specialty prop-craft, for the purposes of awarding a boating
safety certificate pursuant to this section. ALL APPROVED INTERNET-
BASED BOATING SAFETY COURSES SHALL VERIFY THE IDENTITY OF EACH INDIVID-
UAL TAKING SUCH COURSE, PRIOR TO AWARDING A BOATING SAFETY CERTIFICATE,
IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSION-
ER.
S. 9092 3
§ 4. This act shall take effect one year 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.
