The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4853--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced   by   M.  of  A.  JEAN-PIERRE,  COOK,  M. G. MILLER,  ORTIZ,
  SEAWRIGHT, D'URSO, McDONOUGH, DICKENS, RAIA, MONTESANO, GIGLIO, RAMOS,
  RIVERA, TITUS, QUART, LAVINE, GALEF, JAFFEE,  WOERNER,  LAWRENCE,  RA,
  NIOU,  BARRON,  BICHOTTE,  DINOWITZ,  BENEDETTO, ARROYO, L. ROSENTHAL,
  BYRNE, CARROLL, M. L. MILLER,  GARBARINO,  PRETLOW,  DiPIETRO,  JOHNS,
  BARRETT,  ABINANTI,  WEPRIN,  WALSH,  SANTABARBARA,  CUSICK, WILLIAMS,
  AUBRY, HEVESI,  B. MILLER,  MOSLEY,  BUCHWALD,  DE LA ROSA,  BRABENEC,
  COLTON,  SOLAGES, PERRY, STERN, STIRPE, WALKER, STECK, HYNDMAN, TAGUE,
  PALUMBO, TAYLOR, SMITH,  FAHY,  RODRIGUEZ,  FINCH,  PICHARDO,  HAWLEY,
  DILAN, LiPETRI -- Multi-Sponsored by -- M. of A. ABBATE, ASHBY, BLANK-
  ENBUSH,  DAVILA, DenDEKKER, ENGLEBRIGHT, EPSTEIN, FITZPATRICK, FRIEND,
  KIM, LENTOL, LUPARDO, PALMESANO, SIMON, SIMOTAS, THIELE --  read  once
  and  referred  to  the  Committee  on  Tourism, Parks, Arts and Sports
  Development -- committee discharged, bill amended,  ordered  reprinted
  as amended and recommitted to said committee

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
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

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

                                                           LBD09082-08-9

A. 4853--A                          2

BOATING  SAFETY  COURSE  APPROVED 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
  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
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

A. 4853--A                          3

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 EMPLOY METHODS TO ENSURE ATTENDANCE OF THE
STUDENT THROUGHOUT THE COURSE.
  § 4. This act shall take effect January 1, 2020 and shall apply to all
operators born on or after January 1,  1993,  provided  further  on  and
after January 1, 2021 and before January 1, 2022 this act shall apply to
all  operators born on or after January 1, 1988; provided further on and
after January 1, 2022 and before January 1, 2023 this act shall apply to
all operators born on or after January 1, 1983; provided further on  and
after January 1, 2023 and before January 1, 2024 this act shall apply to
all  operators born on or after January 1, 1978; provided further on and
after January 1, 2024 and before January 1, 2025 this act shall apply to
all operators.