Senate Bill S1442

                                BILL NUMBER:S1442

TITLE OF BILL:
An act
to amend the navigation law, in relation to the operation of rowboats,
canoes and kayaks

PURPOSE:
This bill makes it mandatory for all persons aboard a rowboat, canoe
or kayak to wear a personal flotation device at all times while the
vessel is underway.

SUMMARY OF PROVISIONS:
Section 1:
Corrects a clerical error of the spelling of "superseding".

Corrects a clerical error to include "or kayak" in order to be
consistent with other provisions in the navigation law.

Removes "or a rowboat, canoe or kayak" from the provision requiring
all persons under age twelve to wear a personal flotation device at
all times because the new law requires all persons, regardless of
age, to wear a personal flotation device at all times.

Removes "or a rowboat, canoe or kayak" from the provision requiring
all persons aboard all vessels to wear a personal flotation device at
              

all times between November first and May first because the new law
requires all persons, regardless of the season, to wear a personal
flotation device at all times.

Adds a new paragraph (f), which makes it mandatory for all persons
aboard a rowboat, canoe or kayak to wear a personal flotation device
at all times when such vessel is underway.

Section 2: The effective date is 30 days after the act becomes law.

JUSTIFICATION:
In New York, we are fortunate to have considerable access to the
Atlantic Ocean, the Great Lakes, the Long Island Sound, the Finger
Lakes, the Hudson River and many other waterways that touch every
corner of our State. This access allows us to take part in any number
of water-based recreational activities, including operating rowboats,
canoes and kayaks. Operating these vessels helps us stay active and
offers a fun and engaging way to experience New York's scenic
waterways. It should therefore be our priority to ensure these
recreational activities are performed safely by persons of all ages
and abilities.

Current law provides that from November first through May first a
personal flotation device ("PFD") must be worn by all persons at all
times while onboard a rowboat, canoe or kayak.
However, from May first through November first, a PFD must merely be
onboard a rowboat, canoe or kayak, but need not actually be worn by
persons over 12 years old (children under 12 must wear a PFD at all
times on vessels under 65 feet).


On August 12, 2011, Patrick Luca, a 41 year old father, husband, and
21-year veteran of the New York Police Department, was kayaking with
his young son on the Long Island Sound. At some point the vessel
tipped over and Patrick and his son were ejected from the kayak.
Patrick, who was not wearing a PFD, which, during the summer months,
was not required to be worn, tragically drowned. His son-who was
wearing a PFD-was found alive a half-hour later by a boater passing by.

Unfortunately, this type of accident is not uncommon. According to the
United States Coast Guard, in 2010 176 persons died while operating
or riding upon a rowboat, canoe or kayak. Of those 176, 128 were
known to not be wearing a PFD at the time of their death (a 73%
fatality rate). Thus, nearly three-quarters of all persons who died
while onboard a rowboat, canoe or kayak were not wearing a PFD.
Rowboats, canoes and kayaks sit low to the water and therefore are
susceptible to tipping, particularly in strong currents, bad weather,
and the like. Even in calm water, a sudden change in the boats
balance, such as when one or more persons try to stand or switch
positions in the vessel, and can lead to tipping. This legislation
would require a PFD be worn by all persons aboard a rowboat, canoe or
kayak at all times-including the summer months.

In the memory of Patrick Luca, it should be our prerogative to make a
concerted effort to ensure the safety of those New Yorkers who
recreationally enjoy our waterways. This legislation will do just that.

LEGISLATIVE HISTORY:
2012: Passed Senate/Assembly transportation committee

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes law.