New York State Assembly

 
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A05948 Summary:

A05948 Actions:

A05948 Committee Votes:

Committee:TOURISM, ARTS AND SPORTS DEVELOPMENT   Chair:O'Donnell      
DATE:04/18/2023AYE/NAY:19/0  Action: Favorable         
O'Donnell
Aye
Gray
Aye
Barrett
Aye
Tague
Aye
Woerner
Aye
Morinello
Aye
Carroll
Aye
Angelino
Aye
Jones
Aye
Gallahan
Excused
Burke
Aye
Simpson
Aye
Fall
Aye
Conrad
Aye
Rivera
Aye
Sillitti
Aye
Zinerman
Aye
Gibbs
Excused
Shrestha
Aye
Shimsky
Aye
Zaccaro
Aye

A05948 Floor Votes:

A05948 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5948
 
SPONSOR: Shimsky

 
TITLE OF BILL:
 
An act to amend the navigation law, in relation to equipment to be
carried on vessels
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To align state law with federal standards regarding safety equipment on
recreational vessels, including the use of whistles and fire extin-
guishers, to promote boating safety.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one of this bill would amend subdivision 2 of section 40 of the
Navigation Law to require every vessel, including rowboats, canoes, and
kayaks, to have_a whistle on board for use in an emergency.
 
Section two of this bill would amend subdivision 6 of section 40 of the
Navigation Law to update the type and number of fire extinguishers
required to be on board certain mechanically propelled
vessels.Disposable fire extinguishers over 12 years old would have to be
replaced.
 
Section three of this bill would add a new subdivision 13 of Section 40
of the Navigation law to require vessels under 26 feet that are equipped
with an engine cut-off switches to use such when operating on plane or
above displaced speed.
 
Section four would establish the effective date.
 
 
JUSTIFICATION:
 
Boater safety is important to reduce the risk of personal injury and
property damage due to boating accidents.Ensuring that recreational
vessels have working unexpired fire extinguishers on board will prevent
serious injury in the event of a fire. The United States Coast Guard
updated Federal regulations on April 20, 2022 with regard to recreation-
al vessels of model year 2018 and newer to carry new and unexpired fire
extinguishers. This bill would create parity between the Federal regu-
lations and New York state law in order to promote boater safety.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
This bill would take effect January 1, 2024.

A05948 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5948
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2023
                                       ___________
 
        Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
          tee on Tourism, Parks, Arts and Sports Development
 
        AN ACT to amend the navigation law,  in  relation  to  equipment  to  be
          carried on vessels
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section  40  of  the  navigation  law,  as
     2  amended  by  chapter  208  of  the  laws  of 2002, is amended to read as
     3  follows:
     4    2. Whistle. Every [mechanically propelled] vessel and  every  rowboat,
     5  canoe  and  kayak  shall be provided with an efficient whistle. The word
     6  "whistle" shall mean any sound producing  mechanical  appliance,  except
     7  sirens,  capable of producing a blast of two seconds or more in duration
     8  and of such strength as to be heard plainly for a distance of  at  least
     9  one-half  mile in still weather. A siren whistle may only be attached to
    10  a vessel operated by a police  department,  fire  department  or  public
    11  utility  company, and used only on emergency calls. On vessels less than
    12  thirty-nine feet in length, a mouth whistle capable of producing a blast
    13  of two seconds or more in duration, which can  be  heard  for  at  least
    14  one-half a mile, may be used.
    15    §  2. Subdivision 6 of section 40 of the navigation law, as amended by
    16  chapter 186 of the laws of 1962, is amended to read as follows:
    17    6. Fire  extinguishers  required.  (a)  Every  mechanically  propelled
    18  vessel  as  classified  and defined by subdivision one of section forty-
    19  three of this article, except outboard motor boats less than  twenty-six
    20  feet  in  length,  of open construction, shall carry United States coast
    21  guard approved fire extinguishers in accordance with the following:
    22    Class A motor boats shall carry one [B-1] 5-B fire extinguisher.
    23    Class 1 motor boats shall carry one [B-1] 5-B fire extinguisher.
    24    Class 2 motor boats shall carry two [B-1] 5-B fire extinguishers.
    25    Class 3 motor boats shall carry three [B-1] 5-B fire extinguishers.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10439-01-3
        A. 5948                             2
 
     1    Class 4 motor boats shall carry  fire  extinguishers  and  other  fire
     2  fighting  equipment  as required by the federal navigation law and rules
     3  and regulations made by the United States coast  guard  for  uninspected
     4  vessels.
     5    (b)  One class [B-2] 20-B fire extinguisher may be substituted for two
     6  class [B-1] 5-B fire extinguishers.
     7    (c) When the engine compartment of the motor boat is equipped  with  a
     8  fixed  fire extinguishing system of a United States coast guard approved
     9  type, one less class [B-1] 5-B fire extinguisher is required.
    10    (d) No fire extinguishers of the toxic vaporizing liquid type, includ-
    11  ing those containing carbon tetrachloride and chlorobromomethane  extin-
    12  guishing agents shall be approved by the commissioner.
    13    (e)  Disposable fire extinguishers are considered expired twelve years
    14  after their date of manufacture. Expired or previously used fire  extin-
    15  guishers  do not meet the requirements of paragraph (a) of this subdivi-
    16  sion.
    17    § 3. Section 40 of the navigation law  is  amended  by  adding  a  new
    18  subdivision 13 to read as follows:
    19    13.  The operator of a vessel under twenty-six feet in length equipped
    20  with an engine cut-off switch shall use the engine cut-off  switch  when
    21  the vessel is operating on plane or above displacement speed. The use of
    22  an engine cut-off switch shall not be required when the operator is in a
    23  fully enclosed cabin.
    24    § 4. This act shall take effect January 1, 2024.

A05948 LFIN:

 
NO LFIN

A05948 Chamber Video/Transcript: