S01442 Summary:

BILL NOS01442
 
SAME ASSAME AS A02721
 
SPONSORFLANAGAN
 
COSPNSR
 
MLTSPNSR
 
Amd S40, Nav L
 
Relates to the operation of rowboats, canoes and kayaks.
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S01442 Actions:

BILL NOS01442
 
01/09/2013REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
01/08/2014REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
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S01442 Floor Votes:

There are no votes for this bill in this legislative session.
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S01442 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1442
 
                               2013-2014 Regular Sessions
 
                    IN 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:
 
     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)
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05634-01-3

        S. 1442                             2
 
     1  and (b) of this subdivision, shall be responsible  for  compliance  with
     2  the provisions of this subdivision.
     3    (d)  No person shall operate a pleasure vessel of Class A, one, two or
     4  three as classified and defined in subdivision  one  of  section  forty-
     5  three of this article [or a rowboat, canoe or kayak] nor shall the owner
     6  of  such  vessel  while on board such vessel knowingly permit its opera-
     7  tion, unless each person on such vessel under the age of twelve is wear-
     8  ing a securely fastened United  States  Coast  Guard  approved  wearable

     9  personal  flotation  device  of  an appropriate size when said vessel is
    10  underway. The provisions of this paragraph shall not apply to any person
    11  on such vessel under the age of twelve who is within  a  fully  enclosed
    12  cabin.
    13    (e)  No  owner  or  operator of a pleasure vessel less than twenty-one
    14  feet[, including rowboats, canoes, and kayaks] shall permit  its  opera-
    15  tion,  between November first and May first, unless each person on board
    16  such vessel is wearing a securely fastened  United  States  Coast  Guard
    17  approved  wearable personal flotation device of an appropriate size when
    18  such vessel is underway.
    19    (f) No owner or operator of a rowboat, canoe or kayak shall permit its
    20  operation unless each person on board such vessel is wearing a  securely
    21  fastened  United States coast guard approved wearable personal flotation

    22  device of an appropriate size when such vessel is underway.
    23    § 2. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.
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