S4420-2011 Actions

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

S4420-2011 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.

S4420-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4420

                         2011-2012 Regular Sessions

                              I N  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.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10564-01-1