BILL ANALYSIS
AB 2110
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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