BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2110
                                                                  Page  1

          Date of Hearing:   April 14, 2008

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Mark DeSaulnier, Chair
                 AB 2110 (Duvall) - As Introduced:  February 20, 2008
           
          SUBJECT  :  Operation of vessels

           SUMMARY  :  Requires the operator of a vessel to obtain a vessel  
          operator card from the Department of Boating and Waterways  
          (DBW).  Specifically,  this bill  :  

          1)Requires DBW, on or before December 31, 2010, to develop a  
            vessel operator card and a rental vessel operator card and to  
            issue a vessel operator card to any person who provides proof  
            that he or she has passed a DWB-approved vessel operator  
            examination or a vessel operator course that includes a  
            DBW-approved test.  

          2)Allows DBW to charge a fee of up to $13 for an initial or  
            duplicate vessel operator card.  

          3)Requires a vessel operator card to be valid for the life of  
            the person to whom it is issued.  

          4)Requires DBW to provide a vessel operator examination on its  
            Internet Web site and to provide links from that site to  
            approved vessel operator examinations that are available on  
            the Internet.  

          5)Requires DBW to conduct a formal competitive bid process and  
            contract with more than one test vendor in the event that it  
            contracts for the provision of vessel operator test services.   


          6)Allows DBW to charge an additional fee of up to $7 for an  
            initial or duplicate vessel operator card issued to a person  
            who completed a vessel operator examination on the DBW Web  
            site.  

          7)Requires fee revenues to be deposited in the Harbors and  
            Watercraft Revolving Fund and, upon appropriation by the  
            Legislature, the revenues to be used to reimburse DBW's costs  
            associated with implementing this program.  









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          8)Requires DBW, on or before December 31, 2016, and on or before  
            each subsequent December 31, to prepare a report regarding the  
            total number of vessel operator cards issued and including  
            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.  

          9)Prohibits operation of a vessel that is propelled by an  
            engine, regardless of whether the engine is the principal  
            source of propulsion, by any person who does not have in his  
            or her possession a DWB vessel operator card, according to the  
            following schedule:  On and after January 1, 2012, the  
            requirement applies to operators 20 years of age or younger;  
            in 2013, it applies to operators 25 or younger; in 2014,  
            operators 35 or younger; and so on until 2014 when it applies  
            to operators 60 or younger and 2015, when it applies to  
            everyone.  

          10)  Exempts from these provisions persons who are residents of  
            another state or a foreign country who are operating vessels  
            that are not permanently moored in California and are either  
            temporarily using the state's waters for no more than 60 days  
            and meet the applicable requirements their state of residency,  
            or are temporarily using the state's waters for no more than  
            90 days and meet the applicable requirements of their country  
            of residency.  

          11)  Exempts persons operating a vessel while under the direct  
            supervision of a person 18 years of age or older who is not  
            engaged in any other activity and either possesses a vessel  
            operator card or is not required to possess a vessel operator  
            card.  

          12)  Exempts persons operating a vessel in an organized regatta  
            or vessel race, or water ski race; operating a rented vessel  
            and in possession of a rental vessel operator card; or being  
            16 or older and operating a rental vessel or a personal  
            watercraft under the direct supervision of a person 18 or  
            older who is in possession of a rental vessel operator card.  

          13)  Provides that this bill's provisions do not apply to a  
            person who has in his or her possession a valid marine  
            operator license issued by the United States Coast Guard.  

          14)  Requires, on and after January 1, 2012, persons who provide  








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            engine-propelled rental vessels to require the renter or  
            operator of the rental vessel to show proof of possession of a  
            vessel operator card 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 would  
            be required to issue the vessel renter or operator a rental  
            vessel operator card developed by DBW and a map of the  
            waterway that the renter or operator indicates is the location  
            of intended operation.  

          15)  Allows a rental vessel operator card to be issued only to a  
            person who completes and passes a rental vessel operator  
            course that is developed or approved by DBW.  The rental  
            vessel operator course would be required to 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.  

          16)  Exempts a person who rents a vessel from the requirement to  
            possess a vessel operator card if that person is in possession  
            of a rental vessel operator card.  

          17)  Allows a rental vessel operator card to be valid for a  
            period of not more than 30 days from the date of the initial  
            rental for which the card was issued.  

          18)  Makes a violation of these provisions an infraction  
            punishable, for an initial conviction, by a fine of not more  
            than $100, for a second conviction by a fine of not more than  
            $250, and for a third or subsequent conviction by a fine of  
            not more $500.  

          19)  Allows such fines to be waived, less a transaction fee, if  
            the vessel operator provides proof that he or she was in  
            possession of a valid vessel operator card or rental vessel  
            operator card at the time of the citation.  

          20)  Requires the court to additionally order a person convicted  
            of violating these provisions to complete and pass a  
            DBW-approved boating safety course.  

          21)  Allows a court to require a violator 18 years of age or  
            younger to obtain the consent of his or her parent or guardian  
            before enrolling in such a course.  








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          22)  Requires any person who has been ordered by a court to  
            complete a boating safety course to submit to the court proof  
            of completion and passage of the course within seven months of  
            the date of his or her conviction.  

          23)  Requires the proof to be in a DWB-approved form that is  
            capable of being submitted to the court or a state or local  
            agency approved by DWB through the US Postal Service or  
            another certified means of transmission.  

          24)  Declares the intent of the Legislature 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.  

          25)  Allows DBW to adopt regulations to implement this bill's  
            provisions or make them more specific.  

          26)  Sunsets this bill's provisions on January 1, 2022.  

           EXISTING LAW  :  

          1)Allows DWB to establish minimum safety standards for boats and  
            associated equipment.  

          2)Prohibits the use of any vessel in a reckless or negligent  
            manner so as to endanger the life, limb, or property of any  
            person, or while under the influence of an alcoholic beverage  
            or any drug.  

          3)Makes it a misdemeanor to operate a vessel at a speed in  
            excess of five miles per hour within 100 feet of any person  
            who is engaged in the act of bathing or within 200 feet of a  
            beach frequented by bathers, a swimming float, a diving  
            platform, or a lifeline.  

           FISCAL EFFECT  :  The Assembly Appropriations Committee's analysis  
          of similar legislation last year projected DBW costs in the  
          range of $2 million annually for three years.  There would also  
          be ongoing costs, in the range of $400,000 until the 2022 sunset  
          date, for DBW to review applicants' proof of online test passage  








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          and to issue operator cards.  These costs would presumably be  
          covered by fee and penalty revenues.  

           COMMENTS  :  According to the sponsor of this bill, AB 2110 "will  
          help ensure that individuals 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."  The sponsor contends it would create "a  
          streamlined process that avoids the creation of a bloated new  
          government bureaucracy, and minimizes any costs to be borne by  
          boaters."  Courses necessary to complete the certification  
          process are anticipated to be offered by the Coast Guard  
          Auxiliary, US Power Squadron, and BoatUS.  

          This bill's author points out that similar programs are in force  
          in at least 30 other states and cites the experiences of Alabama  
          and Connecticut, which are said to have experienced declines in  
          boating accident fatalities of 41% and 50% respectively since  
          the implementation of their programs.  He further references a  
          2002 U.S. Coast Guard survey wherein "73% of respondents either  
          'agreed' or 'strongly agreed' that boat operators should be  
          required to pass a test to demonstrate their knowledge of  
          boating safety laws."  

          A coalition of marine groups, while supportive of this bill's  
          intent, fears that the program it would establish might not be  
          self-supporting.  "Should this program begin to operate at a  
          loss, it will force reductions in other important DBW programs,  
          such as boating law enforcement, grants and loans for boating  
          facilities, and boater education programs."  They consequently  
          suggest the bill be amended to escalate fees over time in some  
          manner.  

           Suggested committee amendment  :  In order to address the concern  
          expressed above, the committee may wish to amend the bill as  
          follows: The department may increase the fees on January 1 of  
          each year by an amount not greater than the cumulative  
          percentage increase in the United States Department of Labor  
          Consumer Price Index, rounded down to the nearest dollar, if the  
          department determines that the increase is necessary to cover  
          the department's costs associated with implementation of this  
          section.  

           Legislative history  :  This bill is a followup to the author's AB  
          1458 from last year, a similar bill which passed this committee  








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          unanimously but died in the Assembly Appropriations Committee.  

          AB 1287 (Davis) 1999, also a similar bill, was vetoed by  
          Governor Davis 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."  

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 

           Recreational Boaters of California (sponsor) 
          California Surf Lifesaving Association
          National Transportation Safety Board
          San Bernardino County Sheriff-Coroner
          Southern California Marine Association
          California Association of Harbor Masters and Port Captains  
          (support if amended)
          California Marine Parks and Harbors Association (support if  
          amended)
          California Yacht Brokers Association (support if amended)
          Marina Recreation Association (support if amended)
          Northern California Marine Association (support if amended)
          Western Boaters Association (support if amended)

           Opposition 
           
          None received
           
          Analysis Prepared by  :    Howard Posner / TRANS. / (916) 319-2093