Bill Text: NY S03524 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the operation of rowboats, canoes and kayaks.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S03524 Detail]
Download: New_York-2017-S03524-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3524 2017-2018 Regular Sessions IN SENATE January 24, 2017 ___________ 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: 1 Section 1. The opening paragraph and paragraphs (c), (d) and (e) of 2 subdivision 1 of section 40 of the navigation law, the opening paragraph 3 as amended by chapter 163 of the laws of 1991, paragraph (c) as amended 4 by chapter 74 of the laws of 1998, paragraph (d) as amended by chapter 5 484 of the laws of 2005 and paragraph (e) as added by chapter 115 of the 6 laws of 2009, are amended and a new paragraph (f) is added to read as 7 follows: 8 Equipment required herein shall be carried on every vessel except as 9 otherwise provided, while underway, or at anchor with any person aboard, 10 while on the navigable waters of the state and any tidewaters bordering 11 on or lying within the boundaries of Nassau and Suffolk counties. Should 12 the federal government adopt vessel equipment requirements different 13 from those contained in this section, the commissioner shall be author- 14 ized to adopt rules and regulations [superceding] superseding the vessel 15 equipment requirements of this section to achieve consistency with 16 federal standards, and shall submit such proposed rules and regulations 17 to the secretary of state in accordance with the state administrative 18 procedure act within thirty days of the adoption of federal equipment 19 requirements or submit a statement as to why such conforming changes are 20 not being proposed. 21 (c) Every operator or person in charge or control of a pleasure 22 vessel, rowboat [or], canoe[,] or kayak as described in paragraphs (a) 23 and (b) of this subdivision, shall be responsible for compliance with 24 the provisions of this subdivision. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07714-01-7S. 3524 2 1 (d) No person shall operate a pleasure vessel of Class A, one, two or 2 three as classified and defined in subdivision one of section forty- 3 three of this article [or a rowboat, canoe or kayak] nor shall the owner 4 of such vessel while on board such vessel knowingly permit its opera- 5 tion, unless each person on such vessel under the age of twelve is wear- 6 ing a securely fastened United States Coast Guard approved wearable 7 personal flotation device of an appropriate size when said vessel is 8 underway. The provisions of this paragraph shall not apply to any person 9 on such vessel under the age of twelve who is within a fully enclosed 10 cabin. 11 (e) No owner or operator of a pleasure vessel less than twenty-one 12 feet[, including rowboats, canoes, and kayaks] shall permit its opera- 13 tion, between November first and May first, unless each person on board 14 such vessel is wearing a securely fastened United States Coast Guard 15 approved wearable personal flotation device of an appropriate size when 16 such vessel is underway. 17 (f) No owner or operator of a rowboat, canoe or kayak shall permit its 18 operation unless each person on board such vessel is wearing a securely 19 fastened United States coast guard approved wearable personal flotation 20 device of an appropriate size when such vessel is underway. 21 § 2. This act shall take effect on the thirtieth day after it shall 22 have become a law.
