What's happening
This bill allows the United States Sailing Association to offer commissioner-approved powerboating safety courses for boating certification in New York.
Why it matters
Expands options for boating safety education. , enabling more individuals to access certified courses by including the United States Sailing Association (USSA) as an approved provider—this could help meet demand, especially during busy seasons or in areas where traditional course providers are unavailable.
Specifically authorizes USSA to offer powerboating safety courses. (not just sailing), provided these courses are approved by the commissioner. This could increase the diversity and specialization of boating safety instruction, potentially improving safety outcomes for powerboat operators.
May facilitate compliance for boaters facing court-mandated safety education. (after certain violations), offering them an additional route to fulfill legal requirements, possibly reducing repeat offenses and enhancing overall waterway safety.
Aligns New York’s certification process with national standards. by recognizing a prominent national organization (USSA), which may make it easier for boaters to obtain reciprocal recognition of their certification in other states or organizations.
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Who cares
Headline styles
Let US Sailing Teach Boaters
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.386
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.650
- Substituted for A7405B
- Referred to transportation
- Delivered to assembly
- Passed senateVote 62–0
- Amended on third reading 5533b
- Advanced to third reading
- 2nd report cal.
Show 4 earlier actions
- 1st report cal.1094
- Print number 5533a
- Amend and recommit to cultural affairs, tourism, parks and recreation
- Referred to cultural affairs, tourism, parks and recreation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Sailing Group Teach Boating
Assembly Floor Calendar · Sponsor Fred Thiele
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5533--B Cal. No. 1094
2017-2018 Regular Sessions
IN SENATE
April 6, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -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 adding the United States sailing association to those allowed to give boating safety courses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 7 of section 45 of the navigation law, as amended by chapter 236 of the laws of 1997, is amended to read as follows:
(c) When a person is convicted pursuant to this article the court may, in any case before the court, and shall when the convicted person is subject to a suspension pursuant to this subdivision, in addition to any other penalties invoked under this article, require the convicted person, as a condition of the sentence, to complete a boating safety course of the state, U.S. Power Squadrons, [or] U.S. Coast Guard Auxiliary, or a powerboating course or courses offered by the United States sailing association which are approved by the commissioner and show proof of successful completion of such course to the court or its designee.
§ 2. Paragraph a and subparagraph (i) of paragraph b of subdivision 1 of section 49 of the navigation law, paragraph a as amended and subparagraph (i) of paragraph b as added by chapter 361 of the laws of 2013, are amended to read as follows:
a. the operator is at least ten years old and is the holder of a boating safety certificate issued to him or her by the commissioner, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10237-08-7
S. 5533--B 2
United States Power Squadrons [or], 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
(i) the holder of a boating safety certificate issued to him or her by the commissioner, the United States Power Squadrons [or], 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
§ 3. Subdivision 1-a of section 49 of the navigation law, as added by chapter 138 of the laws of 1998, paragraphs a, b, c and d as amended by chapter 248 of the laws of 2005, is amended to read as follows:
1-a. a. No person shall operate a personal watercraft or specialty prop-craft upon the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties unless the operator is fourteen years of age or older and the holder of, or is accompanied by a person over eighteen years of age who is the holder of a boating safety certificate issued by the commissioner, the United States power squadrons, the United States coast guard auxiliary, the United States sailing association for a powerboating course or courses which are approved by the commissioner, or other state or government, as a result of completing a course approved by the commissioner.
b. No person who is the owner of a personal watercraft or specialty prop-craft shall knowingly authorize or permit the operation thereof on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau or Suffolk counties unless the operator is fourteen years of age or older and the holder of, or is accompanied by a person over eighteen years of age who is the holder of a boating safety certificate issued by the commissioner, the United States power squadrons, United States coast guard auxiliary, the United States sailing association for a powerboating course or courses which are approved by the commissioner, or other state or government, as a result of completing a course approved by the commissioner.
c. For the purposes of this subdivision "accompanied" shall mean upon the vessel. [Provided, however, that until January first, two thousand nine, in relation to a person less than fourteen years of age who is the holder of a boating safety certificate issued by the commissioner, the United States power squadrons, United States coast guard auxiliary or other state or government, accompanied shall also mean within view and not more than five hundred feet from a person aboard a vessel or personal watercraft, who is over eighteen years of age and the holder of a boating safety certificate issued by the commissioner, the United States power squadrons, United States coast guard auxiliary or other state or government, as a result of completing a course approved by the commissioner.]
d. The provisions of this subdivision shall not apply to persons: 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 acting pursuant to assigned duties; peace officers acting pursuant to assigned duties; lifeguards acting pursuant to assigned duties; fire and rescue personnel acting pursuant to assigned duties; and persons licensed to operate vessels by the United States coast guard or the Canadian coast guard. The commissioner by rule and regulation may provide for the exemption of addi-
S. 5533--B 3
tional persons not listed in this paragraph from the requirements of this section.
§ 4. Paragraph b and subparagraph (i) of paragraph c of subdivision 3 of section 49 of the navigation law, as added by chapter 361 of the laws of 2013, are amended to read as follows:
b. the operator is born on or after May first, nineteen hundred ninety-six, is at least ten years of age and is the holder of a boating safety certificate issued to him or her by the commissioner, the United States Power Squadrons [or], 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
(i) the holder of a boating safety certificate issued to him or her by the commissioner, the United States Power Squadrons [or], 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
§ 5. Subdivision 13 of section 49-a of the navigation law, as added by chapter 805 of the laws of 1992, is amended to read as follows:
13. Boating safety course. Upon the conviction of any subdivision of this section, the court shall, in addition to any other penalties invoked under this section, require the convicted person, as a condition of the sentence, to complete a boating safety course of the state, U.S. Power Squadrons [or], U.S. Coast Guard Auxiliary or a powerboating course or courses offered by the United States sailing association which are approved by the commissioner and show proof of successful completion of such course to the court or its designee.
§ 6. Subdivision 1 of section 79 of the navigation law, as amended by chapter 361 of the laws of 2013, is amended to read as follows:
1. For the purpose of giving such courses of instruction and awarding boating safety certificates, the commissioner 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 eighteen years of age.
§ 7. Subdivision (c) of section 103 of the navigation law, as added by chapter 420 of the laws of 1995, is amended to read as follows:
(c) When a person is convicted pursuant to this article and is subject to a suspension pursuant to this subdivision, the court shall, in addition to any other penalties invoked under this article, require the convicted person, as a condition of the sentence, to complete a boating safety course of the state, U.S. Power Squadrons, [or] U.S. Coast Guard Auxiliary, or a powerboating course or courses offered by the United States sailing association which are approved by the commissioner and show proof of successful completion of such course to the court or its designee.
§ 8. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the navigation law, in relation to adding the United States sailing association to those allowed to give boating safety courses
Purpose
To allow the United States Sailing Association to be a provider of boating safety courses and boating safety certificates.
Summary of provisions
Amends the Navigation Law to include the United States Boating Association as an organization qualified to issue boating safety certificates upon completion of powerboating course or courses which are approved by the commissioner.
Justification
For over a decade, the United States Sailing Association has taught thousands of New Yorkers in their hands-on Safe Powerboat Handling courses and had been approved to issue New York State Boating Safety Certificates. However, in 2010 the New York State Office of Parks and Recreation reinterpreted the law and determined that the United States Sailing Association would not be able to issue New York State Boating Safety Certificates through their own courses. As a result, those holding a certificate from the United States Sailing Association must also complete another State approved boating course before they can boat. Moreover, New York has made it easier to receive a Boating Safety Certificate in front of a screen without ever having to actually touch a boat. The United State Sailing Association teaches courses in a manner that combines classroom teaching with hands-on drills. By allowing the United States Sailing Association to issue Boating Safety Certificates, New York State residents will would have the option to take a hands-on course in boating safety.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.