NY State Senate Bill 2019-S3399A

Archive: Last Bill Status - In Senate Committee Transportation 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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jun 20, 2019	committed to rules
May 07, 2019	amended on third reading 3399a
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.516
Feb 06, 2019	referred to transportation

Votes

- Apr 30, 2019 - Transportation Committee Vote
  S3399A
  
  13
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 30, 2019
      
      aye (13)
      
      Benjamin
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      Skoufis
      
      nay (2)
      
      Gallivan
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S3399 - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49 & 79, Nav L
Versions Introduced in 2017-2018 Legislative Session:: S9092

2019-S3399 - Summary

Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete a boating safety course.

2019-S3399 - Sponsor Memo

                                
 
BILL NUMBER: S3399                REVISED MEMO 05/09/2019

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

 
PURPOSE:

The purpose of this bill is to provide for boat safety instructional
courses as a prerequisite for obtaining boating licenses.

 
SUMMARY OF PROVISIONS:

Section 1. names the short title for the bill "Brianna's Law".

Section 2. amends section 49 of the navigation law by extending require-
ments for boating licenses to eligible individuals over ten years old,
removing paragraphs b, c and d, renaming paragraph e to a and removing
license exemptions for persons born before April 30th, 1996, renaming
paragraph f to b, and adding a new section c which defines approved boat
safety courses and certificates.

Section 3. amends section 79 of the navigation law by requiring inter-
net-based boating safety courses to employ methods to verify the attend-
ance of each individual taking the course.

Section 4. is the enacting clause.

 
JUSTIFICATION:

Current law only requires boating classes to be taken by individuals
born after May 1, 1996. The 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 approved by the
commissioner of parks, recreation and historic preservation.

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.

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 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.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect January 1, 2020 and shall apply to all opera-
tors 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, 1990; 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, 1987; 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, 1984; provided further on and
January 1, 2024 and before January 1, 2025 this act shall apply to oper-
ators born on or after January 1, 1981; provided further on and January
1, 2025 and before January 1, 2026 this act shall apply to operators
born on or after January 1, 1978; provided further on and after January
1, 2026 and before January 1, 2027 this act shall apply to all opera-
tors.

2019-S3399 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3399
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09082-01-9

 S. 3399                             2

   (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
 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-

 S. 3399                             3
 
 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.
   §  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.

co-Sponsors

View additional co-sponsors

2019-S3399A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §§49 & 79, Nav L
Versions Introduced in 2017-2018 Legislative Session:: S9092

2019-S3399A (ACTIVE) - Summary

Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete a boating safety course.

2019-S3399A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3399A

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

 
PURPOSE:

The purpose of this bill is to provide for boat safety instructional
courses as a prerequisite for obtaining boating licenses.

 
SUMMARY OF PROVISIONS:

Section 1. names the short title for the bill "Brianna's Law".

Section 2. amends section 49 of the navigation law by extending require-
ments for boating licenses to eligible individuals over ten years old,
removing paragraphs b, c and d, renaming paragraph e to a and removing
license exemptions for persons born before April 30th, 1996, renaming
paragraph f to b, and adding a new section c which defines approved boat
safety courses and certificates.

Section 3. amends section 79 of the navigation law by requiring inter-
net-based boating safety courses to verify the identity of each individ-
ual taking the course before awarding certificates.

Section 4.is the enacting clause.

 
JUSTIFICATION:

Current law only requires boating classes to be taken by individuals
born after May 1, 1996. The 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 approved by the
commissioner of parks, recreation and historic preservation.

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.

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 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.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
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 effec-
tive date are authorized to be made and completed on or before such
effective date.

2019-S3399A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3399--A
     Cal. No. 516
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sens.  BROOKS, BAILEY, BOYLE, BRESLIN, CARLUCCI, COMRIE,
   FUNKE, GAUGHRAN, HARCKHAM, KAMINSKY, KAPLAN, KRUEGER, LANZA, MARTINEZ,
   PERSAUD, RIVERA, SAVINO, SEPULVEDA, SERRANO, STAVISKY, THOMAS --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Transportation -- reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09082-06-9

 S. 3399--A                          2

   (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
 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.

 S. 3399--A                          3
 
   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, 1990; 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, 1987; 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, 1984; provided further on  and
 after January 1, 2024 and before January 1, 2025 this act shall apply to
 all  operators born on or after January 1, 1981; provided further on and
 after January 1, 2025 and before January 1, 2026 this act shall apply to
 all operators born on or after January 1, 1978; provided further on  and
 after January 1, 2026 and before January 1, 2027 this act shall apply to
 all operators.

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Senate Bill S3399A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Apr 30, 2019 - Transportation Committee Vote

Transportation Committee Vote: Apr 30, 2019

Bill Amendments

co-Sponsors

2019-S3399 - Details

2019-S3399 - Summary

2019-S3399 - Sponsor Memo

2019-S3399 - Bill Text download pdf

co-Sponsors

2019-S3399A (ACTIVE) - Details

2019-S3399A (ACTIVE) - Summary

2019-S3399A (ACTIVE) - Sponsor Memo

2019-S3399A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3399A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2019-S3399 - Details

2019-S3399 - Summary

2019-S3399 - Sponsor Memo

2019-S3399 - Bill Text download pdf

co-Sponsors

2019-S3399A (ACTIVE) - Details

2019-S3399A (ACTIVE) - Summary

2019-S3399A (ACTIVE) - Sponsor Memo

2019-S3399A (ACTIVE) - Bill Text download pdf

Comments