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.
