Assembly Passes Brianna's Law to Require Boating Safety & Make New York's Waterways a Safer Place

george

george

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Speaker Carl Heastie and Assemblymember Kimberly Jean-Pierre today announced Assembly passage of Brianna's Law, expanding requirements for boating safety classes and making New York's waterways safer (A.4853-A, Jean-Pierre).

"Summer is coming, and more and more New Yorkers are heading to our lakes, rivers and waterways," Speaker Heastie said. "Requiring boaters to take safety classes before heading out on the water will help save lives and prevent accidents from Lake Erie to the Long Island Sound."

"Accidents happen whether on land or on water, but having knowledge of boating safety and navigation laws will help keep those from turning deadly," Assemblymember Jean-Pierre said. "I'm so proud to have introduced Brianna's Law because it will save lives by truly making New York's waterways safer."

In New York State there are approximately 450,000 registered powerboats. Under current law, new boat owners are exempt from the requirement to complete a safety course for up to 120 days after the purchase of a vessel, and the requirement only applies for operators born after May 1, 1996. As the majority of boat owners in the state are much older, this has created a gap in the number of boaters who receive these important safety courses.

Today's legislation closes this gap, and is named for Brianna Lieneck, an 11 year old girl who was fatally injured in a boating collision off the coast of Long Island. Brianna's Law would require any individual who operates a mechanically propelled vessel in New York State navigable waters to complete a boating safety course approved by the Commissioner of the Office of Parks, Recreation and Historic Preservation. The course provides training on boat handling, use of navigation instruments and floatation devices, as well as relevant state laws concerning boating operation and safety. There is a five-year phase-in to allow boat operators adequate time to comply with this new requirement.
 
george said:
Speaker Carl Heastie and Assemblymember Kimberly Jean-Pierre today announced Assembly passage of Brianna's Law, expanding requirements for boating safety classes and making New York's waterways safer (A.4853-A, Jean-Pierre).

"Summer is coming, and more and more New Yorkers are heading to our lakes, rivers and waterways," Speaker Heastie said. "Requiring boaters to take safety classes before heading out on the water will help save lives and prevent accidents from Lake Erie to the Long Island Sound."

"Accidents happen whether on land or on water, but having knowledge of boating safety and navigation laws will help keep those from turning deadly," Assemblymember Jean-Pierre said. "I'm so proud to have introduced Brianna's Law because it will save lives by truly making New York's waterways safer."

In New York State there are approximately 450,000 registered powerboats. Under current law, new boat owners are exempt from the requirement to complete a safety course for up to 120 days after the purchase of a vessel, and the requirement only applies for operators born after May 1, 1996. As the majority of boat owners in the state are much older, this has created a gap in the number of boaters who receive these important safety courses.

Today's legislation closes this gap, and is named for Brianna Lieneck, an 11 year old girl who was fatally injured in a boating collision off the coast of Long Island. Brianna's Law would require any individual who operates a mechanically propelled vessel in New York State navigable waters to complete a boating safety course approved by the Commissioner of the Office of Parks, Recreation and Historic Preservation. The course provides training on boat handling, use of navigation instruments and floatation devices, as well as relevant state laws concerning boating operation and safety. There is a five-year phase-in to allow boat operators adequate time to comply with this new requirement.
Click to expand...

No mention of out of state operators. What’s the story there?
 
Roccus7 said:
No mention of out of state operators. What’s the story there?
Click to expand...
Actually, it is addressed:

Brianna's Law would require any individual who operates a mechanically propelled vessel in New York State navigable waters to complete a boating safety course approved by the Commissioner of the Office of Parks, Recreation and Historic Preservation. The course provides training on boat handling, use of navigation instruments and floatation devices, as well as relevant state laws concerning boating operation and safety. There is a five-year phase-in to allow boat operators adequate time to comply with this new requirement

The other thing no one mentions is how much is it going to cost? I imagine they're drooling at the thought of taxing 450,000 boaters. Will, there be another license we have to carry? Will people with a Captains license need to have it? What happens when a boater from CT enters our side of the sound? I mean we all know the fishing's better here :) Are they allowed to run to Danfords for lunch or are they in violation?

I wonder how the boat dealers feel about this one?
 
from today's liberal rag, "Snoozeday"
ALBANY — The New York State Assembly approved a bill Tuesday to require operators of the more than 400,000 motorized boats around the state to take a safety course, a measure driven by a fatal crash off Fire Island more than 14 years ago.
The Assembly passed the bill — called “Brianna’s Law” for 11-year-old Brianna Lieneck, who died in the 2005 crash — overwhelmingly, 96-1. The Senate did the same three weeks ago, meaning the bill now rests with Gov. Andrew M. Cuomo to sign or veto. Cuomo’s office did not return calls seeking comment.
The legislation would require any boat operator older than 10 to have taken a boating safety course. Current law requires safety courses just for those born after May 1, 1996. Such safety courses usually result in a certificate. Those who have an existing certificate from a prior course are already deemed qualified. The state will have to determine which courses meet the appropriate safety standards.
As the roll call vote in the State Assembly began Tuesday afternoon, Brianna’s mother, Gina Lieneck, said she went numb.

“Oh my God, I can’t believe this is happening. I was totally numb,” Lieneck, a Deer Park resident, said when asked what was going through her mind at the moment. She was sitting in the back of the chamber watching the votes recorded on an electronic tally board. Her voice catching just a little, she added: “It’s one of the happiest days of my life.”
It was preceded by great tragedy. The Lienecks were headed home from Fire Island under a full moon around 9 p.m. on Aug. 17, 2005, when their boat was struck by a heavier vessel at a 90-degree angle. The larger boat went over the Lieneck’s, according to law enforcement. Gina, husband Frank and daughter Danyelle all were seriously injured but recovered, as did a teenage family friend. Brianna, nicknamed “Breezy” by her schoolmates, died.
Charges of boating while intoxicated initially were levied against the operator of the other vessel but later were dropped. From there, Gina moved into advocacy.
he vote Tuesday marked the end of a 16-month stretch of traveling to Albany, two or more times a week when the Legislature was in session, to lobby for the bill and iron out provisions with lawmakers. That followed a successful campaign to get Suffolk County lawmakers to approve a similar local law. She said she’s hopeful the statewide measure, if it becomes law, will have a “big impact.”
Said Lieneck: “I’m so happy, I can’t believe it.”
Detractors of the statewide measure have said it would be largely unenforceable and have little impact. They also point out the majority of boating fatalities annually documented by New York occur with canoes, kayaks and other nonmotorized vessels.
Supporters say it will have an impact, once boaters are educated about the requirement.
“It’s going to be good for them — and everybody else,” Assemb. Kimberly Jean-Pierre (D-Wheatley Heights), the Assembly sponsor of the bill, said. “Our waterways will be safer as a result of this.”
“It’s long overdue and it’s necessary,” added Assemb. Michael Montesano (R-Glen Head), a co-sponsor. “We have about 100,000 boats registered between Nassau and Suffolk counties. (Some operators) have no idea what they’re doing.”
The outcome of the vote wasn’t in doubt; the bill sailed through, 96-1. Almost no bill ever reaches the Senate or Assembly floor without majority support — the work is in lining up the votes and countering opposition beforehand.
In this case, lawmakers tweaked the original version to allow for the use of online safety courses as an alternative to mandating “in-person” courses. They included a provision to allow a five-year phase-in of the requirement predicated on the operator’s age, according to bill documents. Online course costs run about $30, legislators said. Fines for a first offense begin at $100, Jean-Pierre said.
Montesano said they also had to counter the idea that it would depress boat sales by arguing it would be akin to requiring driver’s licenses for motor vehicle operators.
“Requiring a driver’s license hasn’t stopped people from buying cars,” the Republican said.
Last year, the Republican-led Senate blocked the bill. Following the Democrats’ takeover of the Senate in last year’s elections, the bill easily won approval, 40-18, sponsored by Sen. John Brooks (D-Seaford). Sen. Phil Boyle (R-Bay Shore), who represents the Lieneck’s community, was the original sponsor.
Sen. Jim Tedisco (R-Schenectady) called the bill “toothless.”
“I’m afraid it’s going to give us a false sense of security,” Tedisco said during the Senate debate.
The New York Marine Trades Association has remained opposed to the measure, according to Executive Director Chris Squeri, who runs a Freeport marina.
“We are opposed because it doesn’t include everyone,” Squeri said. He noted the bulk of fatalities listed in the state Parks Department’s 2017 and 2018 boating safety report were linked to nonmotorized vessels. And he said the state already has “boating while intoxicated” laws to address some of the other safety issues.
“It’s just not as effective as it could have been,” he said, “and it’s not going to solve the problems.”

If the Nassau County Police course I took half a dozen years ago, or the online (state?) course I took more recently don't qualify (and in my view they shouldn't as they stunk), then my USCGA course from the 1970s probably will. Even 40 years ago I think I retained more from that course than the other two recent ones combined. (Can't believe I often got away with that head of hair in the USAR lol !)
 

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So let's see, it's starting at $30 x 450K = a cool 13.5 million! This thing is a cash cow. And of course, those rich boaters can afford it.
 
pequa1 said:
If the Nassau County Police course I took half a dozen years ago, or the online (state?) course I took more recently don't qualify (and in my view they shouldn't as they stunk), then my USCGA course from the 1970s probably will. Even 40 years ago I think I retained more from that course than the other two recent ones combined. (Can't believe I often got away with that head of hair in the USAR lol !)
Click to expand...

I can't even imagine that meeting where they're deciding what's good and what's not. Half of them weren't even born when you took the test :)
 
Agreed, when I took the "good" course. The ones that teach you squat were more recent. In line with the "everybody gets a trophy." Most improved. Sportsmanship. Least Likely to kill another boater, etc.
 
I also took the Coast Guard Auxiliary safety course in the 70’s; it was excellent in my view.
The way I look at it, the new requirements will better than nothing.

Having said that, there will always be a subset of boaters, that despite any safety course taken, who will do irresponsible things, same as automobile drivers.
 
george said:
Actually, it is addressed:

Brianna's Law would require any individual who operates a mechanically propelled vessel in New York State navigable waters to complete a boating safety course approved by the Commissioner of the Office of Parks, Recreation and Historic Preservation. The course provides training on boat handling, use of navigation instruments and floatation devices, as well as relevant state laws concerning boating operation and safety. There is a five-year phase-in to allow boat operators adequate time to comply with this new requirement

The other thing no one mentions is how much is it going to cost? I imagine they're drooling at the thought of taxing 450,000 boaters. Will, there be another license we have to carry? Will people with a Captains license need to have it? What happens when a boater from CT enters our side of the sound? I mean we all know the fishing's better here :) Are they allowed to run to Danfords for lunch or are they in violation?

I wonder how the boat dealers feel about this one?
Click to expand...

So "Water Blocks" will be set up through The South Shore, Hudson River, LI Sound, Lake Champlain, Lake Erie, Niagara River and Block Island Sound to interdict them "Foreigners?" ROTFLMAO!!! Now there is a money grab in terms of fines and getting out of Staters and Canadians to take that official NY test!!!!!

Methinks they'll have to take things like the Boat US course and other courses. Once again, a knee jerk reaction without much thought about the practical details of such legislation that makes folks congratulate each other about doing something, but in reality, they've done nothing but made a mess...
 
pequa1 said:
Charges of boating while intoxicated initially were levied against the operator of the other vessel but later were dropped. From there, Gina moved into advocacy.

Last year, the Republican-led Senate blocked the bill. Following the Democrats’ takeover of the Senate in last year’s elections, the bill easily won approval,
Click to expand...

These two things are very interesting. If the guy had been charged would she have gone on to push for a memorial law? Or would the guy being charged have been sufficient? There's already enough education about the dangers of operating machinery and vehicles while under the influence. Even non-boaters have been lectured to death about it. This isn't going to do any better than the stupid driver-safety class. Half of which is about impairment.

The other is that as bad as they are, the Republicans still stood for some measure of freedom. Then the utopian left comes along and does their usual "If we can write enough laws nobody will ever have a bad day" bull-hockey.

I don't guess the certificates themselves a revenue generator for the state since the classes are usually administered independently. Unless the law changes that. But I can certainly see a cash cow in writing tickets and forcing people to have their boats towed. I'm sure Seatow is going to love this. But don't worry, you can still try to kill people and yourself with your kayak or inner tube or Sunfish. At least for now. Give it time, they'll get them too. :rolleyes:
 
Just received some updated information from NY State regarding Brianna's Law.

The law is expected to take effect January 1st if signed into law by the Gov. Cuomo

The requirements are being phased in over a number of years depending on your birth year.
 
Brianna's Law

Here is the update on the phasing in of the law.

It goes by the year in which you were born.



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.
 
It's easy peasy ....

  1. Study and pass the $34.95 online course.
  2. Print your online course completion document.
  3. Get ready to go boating!
 
Capt13 said:
It's easy peasy ....

  1. Study and pass the $34.95 online course.
  2. Print your online course completion document.
  3. Get ready to go boating!
Click to expand...

Or go to the BoatUS website and take the free course. Got me my NASBLA-certified certificate; was bored the other night...
 
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