BILL ANALYSIS
AB 1458
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Date of Hearing: April 23, 2006
ASSEMBLY COMMITTEE ON TRANSPORTATION
Pedro Nava, Chair
AB 1458 (Duvall) - As Amended: April 9, 2007
SUBJECT : Boating: vessel operator certificates and funding
SUMMARY : Requires persons operating boats to pass a test and
obtain a certificate that is valid for the life of the boater.
Specifically, this bill :
1)Deletes the requirement for money in the Harbors and
Watercraft Revolving Fund to be available to the Department of
Parks and Recreation (DPR) for the operation and maintenance
of units of the state park system that have boating-related
activities, and for boating safety and enforcement programs
for waters within the jurisdiction of DPR.
2)Prohibits a person from operating a vessel that is propelled
by an engine, regardless of whether the engine is the
principal source of propulsion, unless the person has in his
or her possession a vessel operator certificate developed and
issued by Department of Boating and Waterways (DBW). This
bill would make that requirement applicable, commencing in
2011, pursuant to a schedule imposing the requirement over
time depending on a person's age.
3)Requires DBW to provide a lifetime certificate to a person who
provides DBW with proof that he or she has passed a vessel
operator test approved by DBW. On and after January 1, 2011,
requires a person who rents a vessel that is propelled by an
engine, regardless of whether the engine is the principal
source of propulsion, that the renter or operator of the
vessel show proof of possession of the certificate, or, if the
person does not have a certificate, would require the rental
agent to provide him or her with a rental vessel operator
certificate developed and approved by DBW, and a specified
map, if the person passes a specified course that DBW would be
required to develop or approve.
4)Establishes that a violation of the provisions related to the
certificate would be an infraction subject to a fine depending
on the number of violations.
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5)Requires that revenues received from those fines be deposited
into the Harbors and Watercraft Revolving Fund to be expended,
upon appropriation, as specified.
6)Imposes other requirements on DBW with respect to the
certificate and would require DBW, on or before December 31,
2015, and each year thereafter, to prepare a report regarding
the total number of certificates issued and the correlation
between certificates and the number of vessel accidents,
injuries, and fatalities.
7)Repeals the certificate provisions of the bill on January 1,
2021.
EXISTING LAW :
1)Authorizes a person 16 years of age or older to operate a
personal watercraft (PWC) designed for one person.
2)Prohibits a person 12, 13, 14, or 15 years of age from
operating a vessel powered by a motor of greater than 15
horsepower, or a vessel that exceeds 30 feet in length and is
designed to use wind as its principal source of propulsion,
unless the person is accompanied in the vessel by a person who
is at least 18 years of age and who is attentive and
supervising the operation of the vessel.
3)Excludes the following from the above (1) and (2) for the
following:
a) A person who operates a vessel as a performer in a
professional exhibition;
b) A person engaged in an organized regatta, vessel race,
or water ski race; and,
c) A person engaged in a marine event that is
specifically authorized.
4)Establishes that any person in violation, and any person who
permits any other person under 16 years of age to operate a
vessel in violation of this section, is guilty of an
infraction.
5)5Establishes the Department of Boating and Waterways (DBW) to
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administer programs that ensure safe and enjoyable boating on
California waters. Authorizes it to issue regulations
establishing minimum safety standards for boats. Required
DBW, by October 1, 1998, to report to the Legislature on its
recommendations for enhancement and expansion of boating
safety and education, as specified.
6)6Requires a person, when the conviction results from a
violation from the operation of a vessel, shall be ordered by
the court to complete and pass a boating safety course
approved by the DBW.
7)Establishes DPR to develop and maintain park units and
recreational areas.
8)Requires all money in the Harbors and Watercraft Revolving
Fund to be available, upon appropriation, for expenditure by
DBW for various specified purposes related to boating. Also
allows funds to be available to DPR for the operation and
maintenance of units of the state park system that have
boating-related activities.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose: The legislation is intended to ensure that vessel
operators have the necessary knowledge on the laws and
regulations that apply to the operation of vessels, through
certification, in order to reduce accidents, injuries and
fatalities. This bill would require a mandatory boating
education certificate for specified boaters.
Also, according to this bill's sponsor, "most boaters would
appreciate a program that is balanced, that does not create a
bloated new government bureaucracy, that provides a lifetime
certificate as opposed to a license, that minimizes any costs to
be borne by boaters, and that provides some measure of assurance
that the other person on the waterway will have the necessary
knowledge regarding the laws and regulations that apply to boat
operation. AB 1458 is structured in this manner."
Support: The supporters of this bill contend that most boaters
would appreciate a program that is balanced, that does not
create a bloated new government bureaucracy, that provides a
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lifetime certificate as opposed to a license, that minimizes any
costs to be borne by boaters, and that provides some measure of
assurance that the other person on the waterway will have the
necessary knowledge regarding the laws and regulations that
apply to boat operation.
Committee issue: This bill would disallow DPR to use funds from
the Harbors and Watercraft Revolving Fund without providing
sufficient reasoning and justification. The author intends to
restore the authority of DPR for the use such funds to its
original statutory form.
Related bills: SB 387 (Karnette) 1999, would have required
boater safety courses. The bill was gut and amended.
SB 1287 (Davis) 1999, a similar bill, was vetoed by the Governor
who indicated that "There may well be reasonable measures we can
adopt to enhance the safety of boat operators, but unfortunately
this bill will not accomplish that goal. There is little
evidence that a written test alone will improve the piloting
skills of motor boat operators or reduce boating accidents.
Until such evidence is brought forth, I do not believe it is
appropriate to require millions of Californians who enjoy
boating as recreation to run the gauntlet of yet another
government bureaucracy to obtain licenses to pilot their boats.
SB 545 (Rosenthal) Chapter 747, Statutes of 1997, restricts boat
operators of ages 12-15 to certain conditions; requires DBW to
report to the Legislature on specified recommendations;
considered, but deleted provisions requiring a boating safety
identification card in order to operate a water vessel.
REGISTERED SUPPORT / OPPOSITION :
Support
Recreational Boaters of California (sponsor)
California State Sheriffs Association
Southern California Marine Association
Opposition
None on file
AB 1458
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Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093