NY State Senate Bill S5685

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 06, 2019	signed chap.147
Jul 30, 2019	delivered to governor
Jun 04, 2019	returned to senate passed assembly ordered to third reading cal.509 substituted for a4853a
May 15, 2019	referred to tourism, parks, arts and sports development delivered to assembly passed senate
May 14, 2019	ordered to third reading cal.686
May 10, 2019	referred to rules

Votes

view votes

May 15, 2019 - floor Vote

S5685

floor

Aye

Nay

Absent

Excused

Abstained

May 14, 2019 - Rules committee Vote

S5685

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S5685 (ACTIVE) - Details

See Assembly Version of this Bill:: A4853
Law Section:: Navigation Law
Laws Affected:: Amd §§49 & 79, Nav L
Versions Introduced in 2017-2018 Legislative Session:: A9806

S5685 (ACTIVE) - Summary

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

S5685 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5685

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 for all navigable state waters and the tide-
waters of Nassau and Suffolk county to all 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 boating safety courses and certificates.

Section 3. amends section 79 of the navigation law by adding a require-
ment that internet-based boating safety courses to employ methods to
verify the attendance 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:

To be determined.

 
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, 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
January 1, 2024 and before January 1, 2025 this act shall apply to oper-
ators.

S5685 (ACTIVE) - Bill Text download pdf


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

                                  5685

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 10, 2019
                               ___________

Introduced  by  Sen.  BROOKS -- 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
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
  (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.
                                                           LBD11668-02-9

S. 5685                             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-BASED

S. 5685                             3

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.

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The New York State Senate

senate Bill S5685

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 15, 2019 - floor Vote

Floor Vote: May 15, 2019

May 14, 2019 - Rules committee Vote

Rules Committee Vote: May 14, 2019

Co-Sponsors

S5685 (ACTIVE) - Details

S5685 (ACTIVE) - Summary

S5685 (ACTIVE) - Sponsor Memo

S5685 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5685

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 15, 2019 - floor Vote

Floor Vote: May 15, 2019

May 14, 2019 - Rules committee Vote

Rules Committee Vote: May 14, 2019

Co-Sponsors

S5685 (ACTIVE) - Details

S5685 (ACTIVE) - Summary

S5685 (ACTIVE) - Sponsor Memo

S5685 (ACTIVE) - Bill Text download pdf

Comments