S1442-2013 Actions

• Jan 9, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S1442-2013 Memo

BILL NUMBER:S1442

TITLE OF BILL:
An act
to amend the navigation law, in relation to the operation of rowboats,
canoes and kayaks

PURPOSE:
This bill makes it mandatory for all persons aboard a rowboat, canoe
or kayak to wear a personal flotation device at all times while the
vessel is underway.

SUMMARY OF PROVISIONS:
Section 1:
Corrects a clerical error of the spelling of "superseding".

Corrects a clerical error to include "or kayak" in order to be
consistent with other provisions in the navigation law.

Removes "or a rowboat, canoe or kayak" from the provision requiring
all persons under age twelve to wear a personal flotation device at
all times because the new law requires all persons, regardless of
age, to wear a personal flotation device at all times.

Removes "or a rowboat, canoe or kayak" from the provision requiring
all persons aboard all vessels to wear a personal flotation device at
all times between November first and May first because the new law
requires all persons, regardless of the season, to wear a personal
flotation device at all times.

Adds a new paragraph (f), which makes it mandatory for all persons
aboard a rowboat, canoe or kayak to wear a personal flotation device
at all times when such vessel is underway.

Section 2: The effective date is 30 days after the act becomes law.

JUSTIFICATION:
In New York, we are fortunate to have considerable access to the
Atlantic Ocean, the Great Lakes, the Long Island Sound, the Finger
Lakes, the Hudson River and many other waterways that touch every
corner of our State. This access allows us to take part in any number
of water-based recreational activities, including operating rowboats,
canoes and kayaks. Operating these vessels helps us stay active and
offers a fun and engaging way to experience New York's scenic
waterways. It should therefore be our priority to ensure these
recreational activities are performed safely by persons of all ages
and abilities.

Current law provides that from November first through May first a
personal flotation device ("PFD") must be worn by all persons at all
times while onboard a rowboat, canoe or kayak.
However, from May first through November first, a PFD must merely be
onboard a rowboat, canoe or kayak, but need not actually be worn by
persons over 12 years old (children under 12 must wear a PFD at all
times on vessels under 65 feet).


On August 12, 2011, Patrick Luca, a 41 year old father, husband, and
21-year veteran of the New York Police Department, was kayaking with
his young son on the Long Island Sound. At some point the vessel
tipped over and Patrick and his son were ejected from the kayak.
Patrick, who was not wearing a PFD, which, during the summer months,
was not required to be worn, tragically drowned. His son-who was
wearing a PFD-was found alive a half-hour later by a boater passing by.

Unfortunately, this type of accident is not uncommon. According to the
United States Coast Guard, in 2010 176 persons died while operating
or riding upon a rowboat, canoe or kayak. Of those 176, 128 were
known to not be wearing a PFD at the time of their death (a 73%
fatality rate). Thus, nearly three-quarters of all persons who died
while onboard a rowboat, canoe or kayak were not wearing a PFD.
Rowboats, canoes and kayaks sit low to the water and therefore are
susceptible to tipping, particularly in strong currents, bad weather,
and the like. Even in calm water, a sudden change in the boats
balance, such as when one or more persons try to stand or switch
positions in the vessel, and can lead to tipping. This legislation
would require a PFD be worn by all persons aboard a rowboat, canoe or
kayak at all times-including the summer months.

In the memory of Patrick Luca, it should be our prerogative to make a
concerted effort to ensure the safety of those New Yorkers who
recreationally enjoy our waterways. This legislation will do just that.

LEGISLATIVE HISTORY:
2012: Passed Senate/Assembly transportation committee

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes law.

S1442-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1442
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Cultural Affairs, Tourism,
 Parks and Recreation
 

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)
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05634-01-3
 
       S. 1442                             2
 and (b) of this subdivision, shall be responsible  for  compliance  with
 the provisions of this subdivision.
 (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.

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