BILL NUMBER: AB 2110 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Duvall
FEBRUARY 20, 2008
An act to add and repeal Article 1.3 (commencing with Section 675)
of Chapter 5 of Division 3 of the Harbors and Navigation Code,
relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
AB 2110, as introduced, Duvall. Vessel operator cards.
(1) Existing law prohibits the operation or navigation of a
for-hire vessel, as defined, in the waters of California while
carrying passengers, except by a person who holds a valid operator's
license issued by the Department of Boating and Waterways. Under
existing law, a person applying for an operator's license is required
to undergo an examination, which may include, among other things, an
inspection of the for-hire vessel.
Existing law requires the department to approve boating safety
courses and personal watercraft education courses, as specified.
This bill would prohibit the operation of a vessel that is
propelled by an engine in the waters of the state, except by a person
who is in possession of a valid vessel operator card developed and
issued by the department, and would impose that prohibition on
persons pursuant to a specified schedule. The bill would exempt
certain persons from that requirement and would allow a person who
rents a vessel to instead possess a rental operator card, as
specified.
The bill would require the department to develop vessel operator
cards and issue a vessel operator card to a person who provides the
department with proof that the person has passed a vessel operator
examination and would require the department to provide links to
approved examinations on its Web site. The bill would require the
department to charge a fee for those cards and for examinations,
would require those fees to be deposited in the Harbors and
Watercraft Revolving Fund, and would require the moneys from those
fees to be used, upon appropriation by the Legislature, to reimburse
the department's costs associated with the implementation of the
vessel operator card program. The bill would authorize the department
to adopt implementing regulations.
The bill would provide that a violation of the above provisions is
an infraction, and would require a court to order a person who
violates those provisions to complete and pass a boating safety
course approved by the department. By creating a new infraction, this
bill would impose a state-mandated local program.
The provisions of the bill would be repealed on January 1, 2022.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.3 (commencing with Section 675) is added to
Chapter 5 of Division 3 of the Harbors and Navigation Code, to read:
Article 1.3. Vessel Operators' Cards
675. The department may adopt regulations to implement this
article or to make this article more specific.
675.3. (a) On or before December 31, 2010, the department shall
develop a vessel operator card and a rental vessel operator card to
be issued pursuant to this article.
(b) (1) The department shall issue a vessel operator card to a
person who provides the department with proof that the person has
passed a vessel operator examination approved by the department or a
vessel operator course that includes a test and is approved by the
department pursuant to Section 668.1 or 668.3.
(2) The department may charge a fee not exceeding thirteen dollars
($13) for an initial or duplicate vessel operator card issued
pursuant to paragraph (1).
(c) Except for a rental vessel operator card issued pursuant to
Section 676.5, a vessel operator card shall be valid for the life of
the person to whom it is issued.
675.5. (a) The department shall provide a vessel operator
examination on the department's Internet Web site and shall provide
links from the department's Internet Web site to vessel operator
examinations approved by the department that are available on the
Internet. If the department contracts for the provision of vessel
operator test services with test vendors, the department shall
conduct a formal competitive bid process and shall contract with more
than one test vendor for those test services.
(b) In addition to the fee charged pursuant to paragraph (2) of
subdivision (b) of Section 675.3, the department may charge a fee not
exceeding seven dollars ($7) to a person for an initial or duplicate
vessel operator card, if that person completed a vessel operator
examination provided on the department's Web site pursuant to
subdivision (a).
675.7. The fees collected pursuant to paragraph (2) of
subdivision (b) of Section 675.3 and subdivision (b) of Section 675.5
shall be deposited in the Harbors and Watercraft Revolving Fund and,
upon appropriation by the Legislature, shall be used to reimburse
the department's costs associated with implementing this article.
675.9. On or before December 31, 2016, and on or before December
31 annually thereafter, the department shall prepare a report
regarding the total number of vessel operator cards issued pursuant
to this article and shall include information about the correlation
between vessel operator cards issued and the number of accidents,
injuries, and fatalities related to the operation of vessels in the
state.
676. (a) Subject to the schedule in subdivision (b), a person
shall not operate on waters subject to the jurisdiction of the state
or 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 card issued by the
department pursuant to subdivision (b)of Section 675.3.
(b) A person is subject to subdivision (a) according to the
following schedule:
(1) On and after January 1, 2012: A person 20 years of age or
younger.
(2) On and after January 1, 2013: A person 25 years of age or
younger.
(3) On and after January 1, 2014: A person 35 years of age or
younger.
(4) On and after January 1, 2015: A person 40 years of age or
younger.
(5) On and after January 1, 2016: A person 45 years of age or
younger.
(6) On and after January 1, 2017: A person 50 years of age or
younger.
(7) On and after January 1, 2018: A person 60 years of age or
younger.
(8) On and after January 1, 2019: All persons, regardless of age.
(c) This section does not apply to the following:
(1) A person who is a resident of another state or a foreign
country who is operating a vessel that is not permanently moored in
California and meets either of the following requirements:
(A) The person is temporarily using the waters of this state for a
period not to exceed 60 days, and meets the applicable requirements
of his or her state of residency.
(B) The person is temporarily using the waters of this state for a
period not to exceed 90 days, and meets the applicable requirements
of the country of residency.
(2) A person operating a vessel while under the direct supervision
of a person 18 years of age or older who meets both of the following
requirements:
(A) Is not engaged in any other activity.
(B) Is in possession of a vessel operator card issued pursuant to
subdivision (b) of Section 675.3 or Section 676.5 or is not required
to possess a vessel operator card pursuant to subdivision (d).
(3) A person operating a vessel in an organized regatta or vessel
race, or water ski race.
(4) A person operating a rented vessel who is in possession of a
rental vessel operator card pursuant to Section 676.5.
(5) A person operating a rental vessel, or a personal watercraft,
who is 16 years of age or older and is under the direct supervision
of a person 18 years of age or older who is in possession of a rental
vessel operator card issued pursuant to Section 676.5.
(d) This section does not apply to a person who has in his or her
possession a valid marine operator license issued by the United
States Coast Guard.
676.5. (a) On and after January 1, 2012, a person who provides
for rent a vessel that is propelled by an engine, regardless of
whether the engine is the principal source of propulsion, shall
require the renter or operator of the rental vessel to show proof of
possession of a vessel operator card issued pursuant to subdivision
(b) of Section 675.3 before renting the vessel. If the renter or
operator of the rented vessel does not provide proof of possession of
a vessel operator card, the rental agent shall issue to the renter
or operator of the rental vessel a rental vessel operator card
developed by the department pursuant to subdivision (a) Section 675.3
and a map of the waterway the renter or operator indicates is the
location of intended operation.
(b) The rental vessel operator card shall be issued only to a
person who completes and passes a rental vessel operator course that
is developed or approved by the department for the purpose of this
section. The rental vessel operator course shall be tailored to and
recognize the vessel rental circumstances, include information
specific to the type of vessel and the type of waterway, and provide
information concerning state boating laws, operating instructions,
equipment operation, and boating safety.
(c) Subdivision (a) of Section 676 does not apply to a person who
rents a vessel and is required pursuant to subdivision (a) of Section
676 to possess a vessel operator card if that person is in
possession of a rental vessel operator card issued pursuant to
subdivision (a) of this section.
(d) A rental vessel operator card shall be valid for a period of
not more than 30 days from the date of the initial rental for which
the card was issued pursuant to subdivision (a).
677. (a) A violation of this article is an infraction.
(b) A person convicted of an infraction for a violation of this
article shall be punished as follows:
(1) For an initial conviction, by a fine of not more than one
hundred dollars ($100).
(2) For a second conviction, by a fine of not more than two
hundred fifty dollars ($250).
(3) For a third or subsequent conviction, by a fine of not more
than five hundred dollars ($500).
(c) A fine imposed pursuant to subdivision (b) shall be waived,
less a transaction fee, if the vessel operator provides proof that
the operator was in possession of a valid vessel operator card or
rental vessel operator card at the time of the citation.
(d) (1) In addition to the fines imposed by subdivision (b), the
court shall order a person convicted of violating this article to
complete and pass a boating safety course approved by the department
pursuant to Section 668.3.
(2) If a person who is ordered to complete and pass a boating
safety course pursuant to paragraph (1) is 18 years of age or
younger, the court may require that person to obtain the consent of a
parent or guardian to enroll in that course.
(3) A person who has been ordered by a court to complete a boating
safety course pursuant to paragraph (1) shall submit to the court
proof of completion and passage of the course within seven months of
the date of his or her conviction. The proof shall be in a form that
has been approved by the department and that is capable of being
submitted to the court or a state or local agency approved by the
department through the United States Postal Service or another
certified means of transmission.
678. It is the intent of the Legislature, in enacting this
article, to encourage the boating community to work together to
develop education and training materials and courses that will enable
the operators of vessels powered by sail and vessels that are
hand-propelled to obtain the necessary knowledge of the laws and
regulations that apply to the operation of vessels to reduce
accidents, injuries, and fatalities.
679. This article shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.