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STATE OF NEW YORK
________________________________________________________________________

S. 7288                                                 A. 10073

S E N A T E - A S S E M B L Y

May 2, 2012
___________

IN  SENATE  --  Introduced  by  Sen.  FLANAGAN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

IN  ASSEMBLY  --  Introduced  by  M.  of  A. WEISENBERG -- read once and
  referred to the Committee on Transportation

AN ACT to amend the navigation law, in  relation  to  the  operation  of
  rowboats, canoes and kayaks

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph and paragraphs (c), (d)  and  (e)  of
subdivision 1 of section 40 of the navigation law, the opening paragraph
as  amended by chapter 163 of the laws of 1991, paragraph (c) as amended
by chapter 74 of the laws of 1998, paragraph (d) as amended  by  chapter
484 of the laws of 2005 and paragraph (e) as added by chapter 115 of the
laws  of  2009,  are amended and a new paragraph (f) is added to read as
follows:
  Equipment required herein shall be carried on every vessel  except  as
otherwise provided, while underway, or at anchor with any person aboard,
while  on the navigable waters of the state and any tidewaters bordering
on or lying within the boundaries of Nassau and Suffolk counties. Should
the federal government adopt  vessel  equipment  requirements  different
from  those contained in this section, the commissioner shall be author-
ized to adopt rules and regulations [superceding] SUPERSEDING the vessel
equipment requirements of  this  section  to  achieve  consistency  with
federal  standards, and shall submit such proposed rules and regulations
to the secretary of state in accordance with  the  state  administrative
procedure  act  within  thirty days of the adoption of federal equipment
requirements or submit a statement as to why such conforming changes are
not being proposed.
  (c) Every operator or person  in  charge  or  control  of  a  pleasure
vessel,  rowboat  [or], canoe[,] OR KAYAK as described in paragraphs (a)
and (b) of this subdivision, shall be responsible  for  compliance  with
the provisions of this subdivision.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15598-01-2
S. 7288                             2                           A. 10073

  (d)  No person shall operate a pleasure vessel of Class A, one, two or
three as classified and defined in subdivision  one  of  section  forty-
three of this article [or a rowboat, canoe or kayak] nor shall the owner
of  such  vessel  while on board such vessel knowingly permit its opera-
tion, unless each person on such vessel under the age of twelve is wear-
ing  a  securely  fastened  United  States Coast Guard approved wearable
personal flotation device of an appropriate size  when  said  vessel  is
underway. The provisions of this paragraph shall not apply to any person
on  such  vessel  under the age of twelve who is within a fully enclosed
cabin.
  (e) No owner or operator of a pleasure  vessel  less  than  twenty-one
feet[,  including  rowboats, canoes, and kayaks] shall permit its opera-
tion, between November first and May first, unless each person on  board
such  vessel  is  wearing  a securely fastened United States Coast Guard
approved wearable personal flotation device of an appropriate size  when
such vessel is underway.
  (F) NO OWNER OR OPERATOR OF A ROWBOAT, CANOE OR KAYAK SHALL PERMIT ITS
OPERATION  UNLESS EACH PERSON ON BOARD SUCH VESSEL IS WEARING A SECURELY
FASTENED UNITED STATES COAST GUARD APPROVED WEARABLE PERSONAL  FLOTATION
DEVICE OF AN APPROPRIATE SIZE WHEN SUCH VESSEL IS UNDERWAY.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.