S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1414
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the navigation law, in relation to requiring individuals
   renting a boat to take a boating safety course
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  1 and 1-a of section 71-d of the navigation
 law, subdivision 1 as added by chapter 698  of  the  laws  of  1971  and
 subdivision 1-a as added by chapter 361 of the laws of 2013, are amended
 to read as follows:
   1.  No livery operator shall knowingly lease, hire or rent a vessel to
 any person:
   (a) When the number of persons  using  the  vessel  shall  exceed  the
 number  deemed  to  constitute  a  maximum  safety load for said vessel,
 according to its capacity plate or industry-accepted standards.
   (b) When the manufacturer's rated horsepower of the motor exceeds  the
 capacity of the vessel, making the vessel unsafe to operate.
   (c)  When  the  vessel  does not contain the equipment required by its
 respective class, as provided by section forty.
   (D) WHEN SUCH PERSON IS NOT THE HOLDER OF  A  BOATING  SAFETY  CERTIF-
 ICATE.
   [1-a.  Notwithstanding  subdivision  one of section forty-nine of this
 article, a livery may lease,  hire  or  rent  a  mechanically  propelled
 vessel,  except  a  personal  water  craft or specialty prop craft, to a
 person who is not the holder of a boating safety certificate if:
   (a) the person is eighteen years or older;
   (b) the operator of such livery or his or her designated agent, is the
 holder of a boating safety certificate, and prior to permitting the  use
 by such person of the vessel explains and demonstrates to such person by
 video or actual in water demonstration the operation of such vessel, and
 the use and location of such vessel's safety equipment;

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

                                                            LBD06358-01-9

 A. 1414                             2

   (c)  such  person,  after  receiving the explanation and demonstration
 required pursuant to paragraph (b) of this subdivision, demonstrates  to
 the livery operator or the livery operator's designated agent the abili-
 ty to operate such vessel and use the applicable safety equipment;
   (d)  such  person  presents genuine proof of identification and age to
 the livery operator;
   (e) the livery operator or the livery operator's designated agent,  at
 the  time of the leasing, hiring, or renting, records the name, address,
 and age of the operator of the leased,  hired  or  rented  vessel.  Such
 records shall be maintained for a period of not less than one year; and
   (f) the vessel is not leased, hired or rented to the same person for a
 period exceeding sixty days.]
   §  2.  This  act shall take effect on the ninetieth 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 is authorized to be made and completed on
 or before such date.