Bill S4420-2011

Relates to requiring people to wear personal flotation devices while on certain vessels

Relates to requiring people to wear personal flotation devices while on certain vessels.

Details

Actions

  • Jan 4, 2012: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • Apr 5, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Memo

BILL NUMBER:S4420

TITLE OF BILL:

An act to amend the navigation law, in relation to the use of personal flotation devices

PURPOSE OF THE BILL:

To clarify legal requirements concerning the use of personal notation devices (PFDs) on pleasure vessels, and decrease boating-related injuries and fatalities by requiring the use of PFDs.

SUMMARY OF PROVISIONS:

Section one of the bill corrects a typographical error in the section heading of §40 of the Navigation Law. Section two of the bill further amends § 40 by eliminating the age limitation of 12 for wearing PFDs when a vessel is underway. Section three is the effective date.

STATEMENT IN SUPPORT:

Over the past eight years there has been an upward trend in recreational boating fatalities. After analyzing these fatalities, OPRHP estimates that 80% of these fatalities could have been prevented if the victim had been wearing a PFD. In winter months the dangers are even greater. In water temperatures between 32 and 40 degrees, a person can become unconscious in less than 15 minutes. Even in water temperatures of 60 degrees, a person can become unconscious within one or two hours of submersion. Unnecessary movement in the water as when a person swims or struggles to stay afloat - accelerates body heat loss and the onset of hypothermia. Under cold water conditions, a person's best chance of survival is to wear a securely fastened PFD which allows the body to conserve energy, prevents submersion, and allows more time for rescue.

LEGISLATIVE HISTORY:

2009-10: S.2911 Senate Cultural Affairs, Tourism, Parks, & Recreation 2007-08: S.5633 Senate Tourism, Recreation & Sports Development Cmte./A.8552 Assembly Tourism, Arts & Sports Development Cmte.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4420 2011-2012 Regular Sessions IN SENATE April 5, 2011 ___________
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 use of personal flotation devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 1 of section 40 of the navi- gation law, as amended by chapter 484 of the laws of 2005, is amended to read as follows: (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 wearing 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. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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