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.