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History
- Substituted by A6784
- Advanced to third reading
- 2nd report cal.
- 1st report cal.390
- Reported and committed to codes
- Referred to cultural affairs, tourism, parks and recreation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the wearing of personal flotation devices when underway on a pleasure vessel less than twenty-one feet
Signed by Governor · Sponsor Steven Englebright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the navigation law, in relation to the wearing of personal flotation devices when underway on a pleasure vessel less than twenty-one feet
Purpose of the bill
The purpose of this bill is to clarify legal requirements concerning the use of a personal flotation device (PFD) on pleasure vessels, and decrease boating-related injuries and fatalities by requiring the use of PFDs on small vessels during the months of the year when water temperatures are at their coldest.
Summary of provisions
This bill amends Navigation Law § 40 by adding a new paragraph (e) to subdivision 1 to prohibit owners and operators of certain pleasure vessels from permitting the operation of such vessels between November 1 and May 1 unless each passenger is wearing a PFD when the vessel is underway.
Existing law
Navigation Law § 40 requires certain vessels to maintain PDFs, and mandates that they be worn in certain circumstances. It does not, however, require passengers of pleasure vessels, over the age of eleven, to wear a PFD when the vessel is underway. In addition, the subdivision heading for Navigation Law § 40(1) contains a typographical error.
Prior legislative history
Similar proposals were introduced on behalf of the Office of Parks, Recreation and Historical Preservation in 2007 (S.3951/A.8928/ A.11408); in 2005 (A-7818/S.4128); and in 2004 (S.6596-A/A.10841-B).
Statement in support
Over the past decade there has been an upward trend in recreational boating fatalities. Nearly 20% of these boating fatalities occurred during the winter/early spring months involving small boats. In 90% of these cases, the victim was not wearing a PFD.
A primary factor in these fatalities is water temperature. Immersion in cold water can cause hypothermia. In water temperatures between 32 and 40 degrees, a person can become unconscious in less than 15 minutes. Even in water with a temperature 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. Hypothermia can also increase the chances of uncontrollable gasp reflex which in turn can cause water ingestion and drowning.
Because fewer persons are engaged in boating and related activities during the off-season, the likelihood of prompt rescue during the cold-water months is reduced. 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.
Neighboring states, such as Connecticut and Massachusetts, have laws requiring the wearing of PFDs on smaller, non-motorized vessels between mid-September and mid-May. Last year, the Western States Boating Administrators Association passed a resolution encouraging states in its district to adopt these requirements to prevent boating fatalities during the off-season.
Budget implications
None.
Effective date
This act would take effect on the first day of November next succeeding the date on which it becomes a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.