NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4853A
SPONSOR: Jean-Pierre (MS) TITLE OF BILL: An act to amend the navigation law, in relation to
enacting Brianna's Law
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would require individuals to take a boating safety
course in order to operate a mechanically propelled vessel on the navig-
able waters.
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. 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 and educate these
individuals on the current laws in NYS about boating.
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.
Tragically, 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 these 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.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be deter-
mined.
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.
STATE OF NEW YORK
________________________________________________________________________
4853--A
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Brianna's Law".
3 § 2. Subdivision 1 of section 49 of the navigation law, as amended by
4 chapter 361 of the laws of 2013, paragraph a and subparagraph (i) of
5 paragraph b as amended by chapter 386 of the laws of 2017, is amended to
6 read as follows:
7 1. No person [born on or after May first, nineteen hundred ninety-six]
8 shall operate a mechanically propelled vessel on the navigable waters of
9 the state or any tidewaters bordering on or lying within the boundaries
10 of Nassau and Suffolk counties, unless[:
11 a.] the operator is at least ten years old and is the holder of a
12 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
1 boating safety course approved by the commissioner, the United States
2 Power Squadrons, the United States coast guard auxiliary or the United
3 States sailing association for a powerboating course or courses which
4 are approved by the commissioner[; or
5 b. the operator is younger than eighteen years of age, and is accompa-
6 nied on the mechanically propelled vessel by at least one person who is
7 at least eighteen years of age and is
8 (i) the holder of a boating safety certificate issued to him or her by
9 the commissioner, the United States Power Squadrons, the United States
10 coast guard auxiliary or the United States sailing association for a
11 powerboating course or courses which are approved by the commissioner,
12 or
13 (ii) not required by this subdivision to hold a boating safety certif-
14 icate in order to operate a mechanically propelled vessel; or
15 c. the operator is eighteen years of age or older, is a person
16 required by this subdivision to hold a boating safety certificate in
17 order to operate a mechanically propelled vessel, and is accompanied on
18 the mechanically propelled vessel by at least one person who is at least
19 eighteen years of age and the holder of a boating safety certificate; or
20 d. the operator is the owner of a recently purchased vessel and may
21 operate such vessel without the otherwise required boating safety
22 certificate for a period of time not to exceed one hundred twenty days
23 from the date of purchase].
24 [e.] a. The provisions of this subdivision shall not apply to persons
25 who are: [born before April thirtieth, nineteen hundred ninety-six;]
26 certified by the commissioner as boating safety instructors; members of
27 the United States Power Squadrons; members of the United States coast
28 guard auxiliary; holders of public vessel licenses pursuant to section
29 sixty-four of this article; police officers, peace officers, fire
30 personnel, rescue personnel or lifeguards, when any such person is
31 acting pursuant to assigned duties; or licensed to operate vessels by
32 the United States coast guard or the Canadian coast guard. The commis-
33 sioner, by rule or regulation, may provide for the exemption of addi-
34 tional persons not listed in this paragraph from the requirements of
35 this section.
36 [f.] b. The provisions of this subdivision shall supersede all local
37 laws or ordinances relating to requirements for boating safety certif-
38 icates to operate a mechanically propelled vessel.
39 c. For purposes of the section:
40 (i) "boating safety course" shall mean a course of instruction that
41 has been approved by the commissioner pursuant to sections seventy-five
42 and seventy-nine of this article; and
43 (ii) "boating safety certificate" shall mean a document which cannot
44 be altered and which is provided to a person who successfully completes
45 a boating safety course.
46 § 3. Section 79 of the navigation law, as amended by chapter 361 of
47 the laws of 2013, subdivision 1 as amended by chapter 386 of the laws of
48 2017, is amended to read as follows:
49 § 79. Courses of instruction. 1. For the purpose of giving such cours-
50 es of instruction and awarding boating safety certificates, the commis-
51 sioner may designate as his or her agent any person the commissioner
52 deems qualified to act in such capacity, including, but not limited to,
53 certified instructors of the United States coast guard auxiliary, United
54 States power squadrons, the United States sailing association for a
55 powerboating course or courses which are approved by the commissioner,
56 American power boat association, boy scouts of America, Red Cross and
A. 4853--A 3
1 other organizations. No charge whatsoever shall be made to any person
2 less than eighteen years of age for the issuance of a boating safety
3 certificate. Persons less than eighteen years of age may be charged a
4 fee for instruction in boating safety, except that the office may not
5 charge a fee when providing such instruction to persons less than eigh-
6 teen years of age.
7 2. The commissioner is authorized, at his or her discretion, to devel-
8 op a method for approving internet-based boating safety courses as an
9 appropriate and effective method for the administration and completion
10 of training in the safe operation of vessels, including personal water-
11 craft and specialty prop-craft, for the purposes of awarding a boating
12 safety certificate pursuant to this section. All approved internet-based
13 boating safety courses shall employ methods to ensure attendance of the
14 student throughout the course.
15 § 4. This act shall take effect January 1, 2020 and shall apply to all
16 operators born on or after January 1, 1993, provided further on and
17 after January 1, 2021 and before January 1, 2022 this act shall apply to
18 all operators born on or after January 1, 1988; provided further on and
19 after January 1, 2022 and before January 1, 2023 this act shall apply to
20 all operators born on or after January 1, 1983; provided further on and
21 after January 1, 2023 and before January 1, 2024 this act shall apply to
22 all operators born on or after January 1, 1978; provided further on and
23 after January 1, 2024 and before January 1, 2025 this act shall apply to
24 all operators.
