S T A T E O F N E W Y O R K
________________________________________________________________________
2911
2009-2010 Regular Sessions
I N S E N A T E
March 5, 2009
___________
Introduced by Sens. FLANAGAN, DeFRANCISCO -- 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. The subdivision heading of subdivision 1 of section 40 of
the navigation law, as amended by chapter 74 of the laws of 1998, is
amended to read as follows:
[personal] PERSONAL flotation devices.
S 2. Paragraph (d) of subdivision 1 of section 40 of the navigation
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 3. 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.
LBD06718-01-9