BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                           Senator Gloria Romero, Chair              S
                             2007-2008 Regular Session               B

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          SB 1582 (Simitian)                                         2
          As Amended March 25, 2008 
          Hearing date:  April 8, 2008
          Public Resources Code
          SM:mc

                                     OCEAN RANGERS  

                                       HISTORY

          Source:  Gershon Cohen, Earth Island Institute

          Prior Legislation: None

          Support: AFSCME; California Coastkeeper Alliance; Crime Victims  
          United; National                   Center for Victims of Crime;  
          National Organization of Parents of Murdered                 
          Children, Inc.; California Statewide Law Enforcement  
          Association; 14 private citizens

          Opposition:Cruise Lines International Association; Port of San  
          Francisco



                                      KEY ISSUES
           
          SHOULD OWNERS OR OPERATORS OF LARGE PASSENGER VESSELS OPERATING  
          IN CALIFORNIA BE REQUIRED TO HAVE AN "OCEAN RANGER" ON BOARD TO  
          MONITOR COMPLIANCE WITH SPECIFIED LAWS?

          SHOULD OWNERS OR OPERATORS OF SUCH VESSELS BE REQUIRED TO  
          PROVIDE UPON REQUEST SPECIFIED RECORDS FOR INSPECTION?




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          SHOULD THE DUTIES OF SUCH "OCEAN RANGERS" BE TO MONITOR COMPLIANCE  
          WITH WASTEWATER DISCHARGE LAWS, REVIEW PROCEDURES INVOLVING ONBOARD  
          WASTEWATER TREATMENT, REVIEW SPECIFIED RECORDS, AND ASSIST  
          PASSENGERS AND CREW WITH REPORTING AND INVESTIGATING POTENTIAL  
          CRIMINAL ACTIVITIES OCCURRING ON BOARD WHILE IN THE MARINE WATERS OF  
          THE STATE?

          SHOULD THE ATTORNEY GENERAL BE REQUIRED TO NEGOTIATE A MEMORANDUM OF  
          UNDERSTANDING WITH AUTHORITIES IN ALASKA, WASHINGTON, HAWAII,  
          CANADA, AND BAJA CALIFORNIA TO REQUIRE "OCEAN RANGERS" TO BOARD  
          LARGE PASSENGER VESSELS AT THE LAST PORT OF CALL BEFORE THE VESSEL  
          ENTERS THE MARINE WATERS OF THE STATE, AS SPECIFIED?

          SHOULD THE DEPARTMENT OF JUSTICE BE REQUIRED TO MAKE ARRANGEMENTS  
          WITH OWNERS OR OPERATORS OF LARGE PASSENGER VESSELS EMBARKING FOR AN  
          INTERNATIONAL DESTINATION AND NOT RETURNING WITHIN SEVEN DAYS TO  
          ALLOW AN "OCEAN RANGER" TO DISEMBARK THE SHIP OR REMAIN IN THE FIRST  
          PORT OF CALL OUTSIDE CALIFORNIA, OR IN SAN DIEGO, AS SPECIFIED?

          SHOULD THE OPERATOR OF THE VESSEL BE REQUIRED TO PROVIDE ROOM AND  
          BOARD FOR AN "OCEAN RANGER" EQUIVALENT TO THOSE PROVIDED FOR THE  
          SHIP'S OWN PRIVATE SECURITY PERSONNEL?

          SHOULD THE DEPARTMENT OF JUSTICE BE AUTHORIZED TO ASSESS ON THE  
          OPERATOR OF THE VESSEL A FEE OF $1 PER PASSENGER FOR EACH DAY AN  
          "OCEAN RANGER" WILL BE ABOARD THE VESSEL?


                                       PURPOSE

          The purpose of this bill is to (1) require owners or operators  
          of large passenger vessels operating in California to have an  
          "ocean ranger" on board to monitor compliance with specified  
          laws; (2) require owners or operators of such vessels to provide  




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          upon request specified records for inspection; (3) specify that  
          "ocean rangers" shall monitor compliance with wastewater  
          discharge laws, review procedures involving onboard wastewater  
          treatment, review specified records, and assist passengers and  
          crew with reporting and investigating potential criminal  
          activities occurring on board while in the marine waters of the  
          state; (4) require the Attorney General to negotiate a  
          Memorandum of Understanding with authorities in Alaska,  
          Washington, Hawaii, Canada and Baja California to require "ocean  
          rangers" to board large passenger vessels at the last port of  
          call before the vessel enters the marine waters of the state, as  
          specified; (5) require that arrangements be made between the  
          Department of Justice and owners or operators of large passenger  
          vessels embarking for an international destination and not  
          returning within seven days to allow an "ocean ranger" to  
          disembark the ship or remain in the first port of call outside  
          California, or in San Diego, as specified; (6) require that the  
          operator of the vessel provide room and board for an "ocean  
          ranger" equivalent to those provided for the ship's own private  
          security personnel; and (7) authorize the Department of Justice  
          to assess on the operator of the vessel a fee of $1 per  
          passenger for each day an "ocean ranger" will be aboard the  
          vessel.

           Existing federal law  states that the special maritime and  
          territorial jurisdiction of the United States includes:

                 the high seas, any other waters within the admiralty and  
               maritime jurisdiction of the United States and out of the  
               jurisdiction of any particular State, and any vessel  
               belonging in whole or in part to the United States or any  
               citizen thereof, or to any corporation created by or under  
               the laws of the United States, or of any State, Territory,  
               District, or possession thereof, when such vessel is within  
               the admiralty and maritime jurisdiction of the United  
               States and out of the jurisdiction of any particular State;
                 any vessel registered, licensed, or enrolled under the  
               laws of the United States, and being on a voyage upon the  
               waters of any of the Great Lakes, or any of the waters  
               connecting them, or upon the Saint Lawrence River where the  




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               same constitutes the International Boundary Line;
                 any lands reserved or acquired for the use of the United  
               States, and under the exclusive or concurrent jurisdiction  
               thereof, or any place purchased or otherwise acquired by  
               the United States by consent of the legislature of the  
               State in which the same shall be, for the erection of a  
               fort, magazine, arsenal, dockyard, or other needful  
               building;
                 any island, rock, or key containing deposits of guano,  
               which may, at the discretion of the President, be  
               considered as appertaining to the United States;
                 any aircraft belonging in whole or in part to the United  
               States, or any citizen thereof, or to any corporation  
               created by or under the laws of the United States, or any  
               State, Territory, district, or possession thereof, while  
               such aircraft is in flight over the high seas, or over any  
               other waters within the admiralty and maritime jurisdiction  
               of the United States and out of the jurisdiction of any  
               particular State;
                 any vehicle used or designed for flight or navigation in  
               space and on the registry of the United States pursuant to  
               the Treaty on Principles Governing the Activities of States  
               in the Exploration and Use of Outer Space, Including the  
               Moon and Other Celestial Bodies and the Convention on  
               Registration of Objects Launched into Outer Space, while  
               that vehicle is in flight, which is from the moment when  
               all external doors are closed on Earth following  
               embarkation until the moment when one such door is opened  
               on Earth for disembarkation or in the case of a forced  
               landing, until the competent authorities take over the  
               responsibility for the vehicle and for persons and property  
               aboard;
                 any place outside the jurisdiction of any nation with  
               respect to an offense by or against a national of the  
               United States; 
                 to the extent permitted by international law, any  
               foreign vessel during a voyage having a scheduled departure  
               from or arrival in the United States with respect to an  
               offense committed by or against a national of the United  
               States;




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                 with respect to offenses committed by or against a  
               national of the United States as that term is used in  
               section 101 of the Immigration and Nationality Act [8 USCS  
                1101]-
                  o         the premises of United States diplomatic,  
                    consular, military or other United States Government  
                    missions or entities in foreign States, including the  
                    buildings, parts of buildings, and land appurtenant or  
                    ancillary thereto or used for purposes of those  
                    missions or entities, irrespective of ownership; and
                  o         residences in foreign States and the land  
                    appurtenant or ancillary thereto, irrespective of  
                    ownership, used for purposes of those missions or  
                    entities or used by United States personnel assigned  
                    to those missions or entities.
                 Nothing in this paragraph shall be deemed to supersede  
               any treaty or international agreement with which this  
               paragraph conflicts.  This paragraph does not apply with  
               respect to an offense committed by certain members of the  
               Armed Forces and by persons employed by or accompanying the  
               Armed Forces outside the United States.

          (18 USCS  7.)
          
           Existing law  requires the State Water Resources Control Board to  
          request the appropriate federal agencies, as determined by the  
          board, to prohibit the release of sewage sludge and oily bilge  
          water, except under the circumstances specified in Section  
          72441, by large passenger vessels and oceangoing ships, in all  
          of the waters that are in the Channel Islands National Marine  
          Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the  
          Farallones National Marine Sanctuary, and Monterey Bay National  
          Marine Sanctuary, that are not in the state waters.  (Public  
          Resources Code  72440.)
           
          Existing law  provides that if the appropriate federal agencies  
          approve an application made pursuant to subdivision (a) of  
          Section 72440, or if the board determines that an application is  
          not required, an owner or operator of a large passenger vessel  
          or oceangoing ship may not release, or permit anyone to release,  




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          any sewage sludge from the vessel into the marine waters of the  
          state or a marine sanctuary.  (Public Resources Code   
          72420(a).)

           Existing law  provides that if the Administrator of the United  
          States Environmental Protection Agency approves the application  
          for sewage release made pursuant to subdivision (a) of Section  
          72440, or if the board determines that an application is not  
          required, an owner or operator of an oceangoing ship with  
          sufficient holding tank capacity may not release, or permit  
          anyone to release, any sewage from the vessel into the marine  
          waters of the state.  (Public Resources Code  72420(b).)

           Existing law  states that the Attorney General and special agents  
          and investigators of the Department of Justice are peace  
          officers, and those assistant chiefs, deputy chiefs, chiefs,  
          deputy directors, and division directors designated as peace  
          officers by the Attorney General are peace officers.  The  
          authority of these peace officers extends to any place in the  
          state where a public offense has been committed or where there  
          is probable cause to believe one has been committed.  (Penal  
          Code  830.1(b).)

           This bill  makes the following legislative findings:

                 More cruise ships are calling upon California ports of  
               call every year.  The cruise ship fleet is increasing in  
               size and carrying capacity and producing increasing volumes  
               of solid and liquid waste.
                 Improperly treated wastes released into the environment  
               can significantly impact California's aquatic ecosystems  
               and the people and industries that depend upon them.
                 The cruise ship industry has a poor record on  
               self-policing environmental practices.
                 California's zero-discharge law for cruise ships does  
               not provide independent oversight of the industry or  
               verification of the zero-discharge requirement.
                 Millions of American citizens travel on cruise ships  
               every year and numerous documented cases exist of serious  
               crimes against passengers by other passengers and crew  




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               members.
                 The cruise ship industry has failed to adopt adequate  
               measures to protect passengers from theft, rape, assaults,  
               and suspected homicides, or to provide the necessary  
               assistance to United States public safety officers  
               investigating these crimes.
                 Every cruise ship provides thousands of foreign  
               citizens, both passengers and crew, with transport and  
               access to multiple ports of call in the state with  
               insufficient oversight from state and federal authorities.
                 It is the intent of the Legislature to place a licensed  
               marine engineer with peace officer status on all cruise  
               ships traveling through the marine waters of the state.   
               These employees of the state, to be known as ocean rangers,  
               would help protect the state's coastal resources,  
               investigate crimes against passengers, and provide support  
               to state and federal homeland security agencies.

           This bill  defines an "ocean ranger" as an investigator specified  
          in subdivision (b) of Section 830.1 of the Penal Code who is a  
          marine engineer licensed by the United States Coast Guard and  
          certified to perform environmental monitoring, and who has  
          successfully completed a specified training course.

           This bill  would require DOJ, in cooperation with the Commission  
          on Peace Officer Standards and Training (POST), to develop an  
          appropriate course of training for ocean rangers.

           This bill  would require that on and after July 1, 2009, an owner  
          or operator of a large passenger vessel entering and operating  
          in the marine waters of the state shall have an ocean ranger  
          onboard the vessel to act as a compliance observer for the  
          purposes of monitoring compliance with the requirements of  
          specified state and applicable federal laws and regulations  
          regarding discharge of waste while operating in the marine  
          waters of the state.

           This bill  would require the Attorney General to negotiate a  
          Memorandum of Understanding with appropriate state, national, or  
          provincial authorities from Alaska, Washington, Hawaii, and as  




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          applicable under international and federal law, Canada, and Baja  
          California.  The memoranda shall establish terms and conditions  
          of access to, and egress from, large passenger vessels for the  
          ocean ranger from ports in those states or countries pursuant to  
          this chapter or for equivalent law enforcement and environmental  
          enforcement personnel from those foreign jurisdictions.  The  
          memoranda shall require the ocean ranger or the specified  
          equivalent enforcement personnel to board the large passenger  
          vessel at the last port of call made by the vessel before the  
          vessel enters the marine waters of the state.

           This bill  would require that on and after July 1, 2009, a large  
          passenger vessel making a port of call in the state shall not  
          disembark passengers at a California port if the last port of  
          call is in Hawaii, Alaska, Washington, Canada, or Baja  
          California and an ocean ranger authorized by this chapter or  
          equivalent enforcement personnel, as specified, authorized by a  
          Memorandum of Understanding, as specified, has been denied  
          access to the vessel by the vessel operator.

           This bill  would require that, for a large passenger vessel  
          embarking for an international destination from a port in the  
          state, and not returning to the state within seven days, or  
          making a port of call in Hawaii or Alaska, arrangements shall be  
          made between the operator of the vessel and the Department of  
          Justice for the ocean ranger to disembark the ship or remain in  
          the first port of call outside the state.  If the Memorandum of  
          Understanding cannot be reached with appropriate authorities in  
          Baja California for a vessel bound for Mexico, arrangements  
          shall be made for the ocean ranger to disembark the ship or  
          remain in San Diego.

           This bill  would require that the operator of the large passenger  
          vessel provide room and board for the ocean ranger or equivalent  
          personnel, as specified, that is equivalent to those provided to  
          private security personnel employed by the vessel operator.

           This bill  would require that an owner or operator of a large  
          passenger vessel entering and operating in the marine waters  
          shall provide, upon request, specified records kept for  




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          inspection by the ocean rangers.

           This bill  states that the duties of an ocean ranger would be the  
          following:

                 monitor a large passenger vessel's compliance with the  
               requirements of specified state and applicable federal laws  
               and regulations regarding discharge of wastewater while the  
               vessel is operating in the marine waters of the state;
                 observe maintenance and operational procedures for  
               onboard waste treatment systems and review specified  
               records;
                 assist the passengers and crew, as needed, with  
               reporting and investigating crimes occurring onboard while  
               in the marine waters of the state; and
                 evaluate and respond to risks related to homeland  
               security.

           This bill  authorizes DOJ to assess on the owner or operator of a  
          large passenger vessel a fee of one dollar ($1) per day per  
          passenger for each day the ocean ranger will be aboard the large  
          passenger vessel pursuant to this chapter.

           This bill  states that DOJ shall revise the fee from time to time  
          to ensure that the fee is sufficient to generate sufficient  
          revenues only to cover the costs of implementing this chapter,  
          plus a prudent reserve.

           This bill  states that the moneys collected pursuant to  
          subdivision (a) shall be deposited into the Ocean Ranger Program  
          Fund, which is hereby established in the State Treasury.  The  
          moneys in the fund shall be available, upon appropriation by the  
          Legislature, for the training of ocean rangers and the  
          implementation of this chapter.

           This bill  states that DOJ shall implement this chapter in  
          conformity with all applicable requirements of international and  
          federal law.






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              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          California continues to face an extraordinary and severe prison  
          and jail overcrowding crisis.  California's prison capacity  
          remains nearly exhausted as prisons today continue to be  
          operated with a significant level of overcrowding.<1>  A year  
          ago, the Legislative Analyst's office summarized the trajectory  
          of California's inmate population over the last two decades:

              During the past 20 years, jail and prison  
              populations have increased significantly.  County  
              jail populations have increased by about 66  
              percent over that period, an amount that has been  
              limited by court-ordered population caps.  The  
              prison population has grown even more dramatically  
              during that period, tripling since the  
              mid-1980s.<2>

          The level of overcrowding, and the impact of the population  
          crisis on the day-to-day prison operations, is staggering:

              As of December 31, 2006, the California Department  
              of Corrections and Rehabilitation (CDCR) was  
              estimated to have 173,100 inmates in the state  
              prison system, based on CDCR's fall 2006  
              population projections.  However, . . . the  
              department only operates or contracts for a total  
              of 156,500 permanent bed capacity (not including  
              out-of-state beds, . . . ), resulting in a  
              shortfall of about 16,600 prison beds relative to  
              the inmate population.  The most significant bed  
              shortfalls are for Level I, II, and IV inmates, as  
              well as at reception centers.  As a result of the  
              bed deficits, CDCR houses about 10 percent of the  
              inmate population in temporary beds, such as in  
              --------------------
          <1>  Analysis of the 2007-08 Budget Bill:  Judicial and Criminal  
          Justice, Legislative Analyst's Office (February 21, 2007); see  
          also, court orders, infra.
          <2>  California's Criminal Justice System:  A Primer.   
          Legislative Analyst's Office (January 2007).



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              dayrooms and gyms.  In addition, many inmates are  
              housed in facilities designed for different  
              security levels.  For example, there are currently  
              about 6,000 high security (Level IV) inmates  
              housed in beds designed for Level III inmates.

              . . .  (S)ignificant overcrowding has both  
              operational and fiscal consequences.  Overcrowding  
              and the use of temporary beds create security  
              concerns, particularly for medium- and  
              high-security inmates.  Gyms and dayrooms are not  
              designed to provide security coverage as well as  
              in permanent housing units, and overcrowding can  
              contribute to inmate unrest, disturbances, and  
              assaults.  This can result in additional state  
                                             costs for medical treatment, workers'  
              compensation, and staff overtime.  In addition,  
              overcrowding can limit the ability of prisons to  
              provide rehabilitative, health care, and other  
              types of programs because prisons were not  
              designed with sufficient space to provide these  
              services to the increased population.  The  
              difficulty in providing inmate programs and  
              services is exacerbated by the use of program  
              space to house inmates.  Also, to the extent that  
              inmate unrest is caused by overcrowding,  
              rehabilitation programs and other services can be  
              disrupted by the resulting lockdowns.<3>

          As a result of numerous lawsuits, the state has entered into  
          several consent decrees agreeing to improve conditions in the  
          state's prisons.  As these cases have continued over the past  
          several years, prison conditions nonetheless have failed to  
          improve and, over the last year, the scrutiny of the federal  
          courts over California's prisons has intensified.

          The federal court has appointed a receiver to take over the  
          direct management and operation of the prison medical health  
          care delivery system from the state.  The crisis has continued  


          ---------------------------
          <3>  Analysis 2007-08 Budget Bill, supra, fn. 1.



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          to escalate and, in July of last year, the federal court  
          established a three-judge panel to consider placing a cap on the  
          number of prisoners allowable in California prisons.  It is  
          anticipated that the court will reach its decision this year.

          In his order establishing the judicial panel, Judge Thelton  
          Henderson stated in part:

            It is clear to the Court that the crowded conditions  
            of California's prisons, which are now packed well  
            beyond their intended capacity, are having - and in  
            the absence of any intervening remedial action, will  
            continue to have - a serious impact on the Receiver's  
            ability to complete the job for which he was  
            appointed:  namely, to eliminate the unconstitutional  
            conditions surrounding delivery of inmate medical  
            health care.

            . . .  (T)his case is also somewhat unique in that even  
            Defendants acknowledge the seriousness of the  
            overcrowding problem, which led the Governor to declare  
            a state of emergency in California's prisons in October  
            2006.  While there remains dispute over whether crowded  
            conditions are the primary cause of the constitutional  
            problems with the medical health care system in  
            California prisons, or whether any relief other than a  
            prisoner release order will remedy the constitutional  
            deprivations in this case, there can be no dispute that  
            overcrowding is at least part of the problem.  . . .   
            The record is equally clear that the Receiver will be  
            unable to eliminate the constitutional deficiencies at  
            issue in this case in a reasonable amount of time  
            unless something is done to address the crowded  
            conditions in California's prisons.  This Court  
            therefore believes that a three-judge court should  
            consider whether a prisoner release order is warranted  
            . . . .  (Hon. Thelton Henderson, Order dated July 23,  
            2007 in Plata v. Schwarzenegger (N.D. Cal) No. C01-1351  
            TEH (citations omitted).)





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          Similarly, Judge Lawrence Karlton stated:

            There is no dispute that prisons in California are  
            seriously and dangerously overcrowded.  ()  The  
            record suggests there will be no appreciable change  
            in the prison population in the next two years.   
            (Hon. Lawrence K. Karlton, Senior Judge, United  
            States District Court, Order dated July 23, 2007 in  
            Coleman v. Schwarzenegger (E.D. Cal.) No. S90-0520  
            LKK JFM P (citations omitted).)

           This bill  does not appear to aggravate the prison overcrowding  
          crisis described above.


                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               There are numerous crimes that take place on cruise  
               ships.  The only security personnel on board work for  
               the vessel operator.  They are minimally trained and  
               their responsibility is to their employer first.   
               Numerous victims have complained that crimes they  
               report are not properly investigated both because the  
               cruise ships worry about public relations issues if  
               the crimes are reported and because of potential civil  
               liability issues.  Furthermore, many of the crimes are  
               alleged against members of the crew placing company  
               security guards in a conflicted position. 

               As a result, evidence is not properly collected,  
               maintained, or reported.  Airplanes with several  
               hundred passengers have air marshals on board, yet  
               cruise ships carrying thousands of passengers have no  
               public security presence.

               In addition, California has passed numerous  




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               environmental laws regulating dumping of wastewater,  
               bilge water, sewage, and garbage within California  
               waters.  In addition we have laws regulating trash  
               incineration.  We have no way of knowing whether the  
               cruise ships are complying.  The Ocean Rangers will  
               work both on public safety and environmental  
               compliance.

          2.  Crimes on the High Seas  

          The degree to which crimes committed on cruise ships constitute  
          a public safety concern is a hotly contested issue.  The cruise  
          industry maintains that crime rates on cruise ships are lower  
          than in the average American community.  Critics, however, say  
          this claim is deceptive because the cruise lines underreport  
          crimes on board and that, in some instances, they have actually  
          tried to cover-up crimes that were reported to them by  
          passengers including very serious crimes.

          Laurie Dishman, a 36-year-old food service manager from  
          Sacramento, is one of many passengers who have come forward with  
          stories of horrifying experiences on cruise ships.  Ms. Dishman  
          testified before Congress last year concerning a trip she took  
          aboard the Royal Caribbean ship Vision of the Seas on Feb. 21,  
          2006.  Ms. Dishman alleges that a ship security guard forced his  
          way into her room and raped her.  She stated that when she  
          reported the crime to the ship's crew she was handed a trash bag  
          and told to collect her own evidence, including giving herself a  
          "rape kit" examination.  "The purser immediately said to me,  
          'Maybe you need to control your drinking,''' Dishman said.  "They  
          wanted a written statement from me before I could see the doctor.  
           It was like being victimized again.''  (San Francisco Chronicle,  
          April 1, 2007,  
           http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/04/01/MNG4DO 
          V80Q21.DTL&hw=cruise+rape&sn=001&sc=1000  .)

          According to information provided by the US House of  
          Representatives, Committee on Transportation and Infrastructure,  
          there are approximately 200 ocean-going cruise ships world-wide,  
          each of which carries an average of 2,000 passengers and 950  




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          crew members.  With the exception of two ships operating in  
          Hawaii, all of the cruise ships that call on U.S. ports are  
          registered in foreign countries.  These foreign-flagged vessels  
          are subject to the laws of the countries in which they are  
          registered and international treaties, primarily the  
          International Convention on Safety of Life at Sea (SOLAS).   
          These foreign-flagged ships are subject to U.S. laws only when  
          they are within the 12-mile territorial waters of the U.S. or as  
          specific conditions are imposed on such vessels as a  
          prerequisite to their entry into a U.S. port.  

          Under the Code of Federal Regulations, cruise ship operators are  
          required to report crimes to U.S. authorities that occur within  
          the 12-mile limit (33 C.F.R. 120.220) but currently they are not  
          required to report crimes that occur outside the 12-mile limit.   
          The Coast Guard, however, is considering adopting regulations  
          that would require such reporting by cruise ships that enter or  
          depart a U.S. port.  

          On April 1, 2007, the Cruise Lines International Association  
          (CLIA), the Federal Bureau of Investigation (FBI), and the  
          United States Coast Guard entered into a voluntary agreement to  
          define the processes that will govern the reporting by cruise  
          lines to the FBI and the Coast Guard of crimes over which the  
          U.S. Special Maritime and Territorial Jurisdiction may apply.  

          In response to claims such as those of Laurie Dishman, Congress  
          has held hearings and legislation is forthcoming in Washington  
          to address the issue.  On September 21, 2007, the Los Angeles  
          Times reported that, "[a] day after a congressional subcommittee  
          held a hearing to scrutinize safety on the high seas, Sen. John  
          Kerry (D-Mass.) announced plans Thursday to sponsor legislation  
          that would force cruise lines to report crimes and develop  
          better methods of collecting crime scene evidence.  Rep. Doris  
          Matsui (D-Sacramento) will sponsor similar legislation in the  
          House.  "We need clear rules for all cruise ships so that we can  
          improve security for the millions of Americans each year who  
          take cruises," Kerry said.  "Voluntary steps are not enough."   
          (  http://travel.latimes.com/articles/la-trw-bill-targets-cruise-li 
          nes-on-crime-issue21sep07  .)  Representative Matsui's office has  




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          advised Committee staff that the Matsui bill and its counterpart  
          in the Senate, to be authored by Senator Kerry, will be  
          introduced shortly.  


          The cruise line industry responds by citing statistics that they  
          assert show the number of crimes committed on board their ships  
          is lower than your average American community.  However, some  
          maritime law experts say there is more to the story.  J Michael  
          Crye, president of the International Council of Cruise Lines, a  
          trade association for the cruise industry, testified before  
          Congress last year:


               . . .  Mr. Crye cited the following statistics: the  
               national rate of violent crimes is about 465.5 per  
               100,000 inhabitants, while the Federal Bureau of  
               Investigation reports an average of only 50 crimes a  
               year against U.S. citizens on cruises. According to  
               the Bureau of Justice, 1 in every 1,000 people is  
               raped or sexually assaulted on land each year; on  
               cruise ships, there is only one alleged incident of  
               sexual assault for every 100,000 passengers.


               While legal experts don't necessarily dispute these  
               statistics, they say that a closer look at the numbers  
               suggests a deeper problem.  For example, if a serious  
               crime is committed at sea against an American citizen,  
               the ship's security staff is supposed to report it to  
               the F.B.I.  But there are at least two exemptions:  
               crimes against noncitizens are not included, and it is  
               largely left up to the ship's security officers as to  
               what constitutes a "serious" crime.  Similarly, the  
               statistics on assault and rape may be artificially  
               low, according to legal experts.  Many passengers are  
               unwilling to report an assault because of the  
               humiliating nature of the crime, and because they are  
               uncertain of their legal status at sea. 





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               "The cruise lines go out of their way to hide crime  
               statistics," said Alexander Anolik, a lawyer, based in  
               San Francisco, specializing in travel law.  "They try  
               to minimize their statistics and minimize their  
               failures."  Mr. Anolik says that in their efforts to  
               make cruises appear safer, ships try to "handle"  
               crimes internally.  "But the reports that are taken by  
               a ship's security officers are not always reported to  
               the F.B.I.," he said.  "So we don't have an accurate  
               idea of how safe a cruise is."  (Mr. Crye of the  
               International Council of Cruise Lines denied that the  
               industry conceals crime statistics, saying it has  
               pledged "full reporting of any crime to the  
               appropriate authorities.") 

          (New York Times, February 26, 2006,  
          (  http://travel2.nytimes.com/2006/02/26/travel/26crime.html?adxnnl 
          =1&pagewanted=print&adxnnlx=1206551180-e69VwVgQ7yZPGhxYKSdcGw  )

          When a crime is reported, the U.S. may assert criminal  
          jurisdiction for certain crimes against U.S. citizens, in  
          certain circumstances, under what is known as the Special  
          Maritime and Territorial Jurisdiction.  (18 U.S.C.  7.)  The  
          somewhat murky subject of jurisdiction over crimes committed at  
          sea is not, however, strictly at issue with respect to SB 1582,  
          however, because the bill does not attempt to assert such  
          jurisdiction.  Rather, the approach taken by the bill is that  
          those ships doing business in California would be required to  
          enter into a Memorandum of Understanding with the California  
          Department of Justice whereby the cruise ship operators would  
          agree to allow a specially trained investigator of DOJ on board  
          each ship to oversee the operator's investigation of crimes on  
          board and compliance with environmental laws.  With respect to  
          the duties of this "ocean ranger" in relation to crimes alleged  
          to have occurred on board ships, the bills simply states that  
          the ranger would "assist passengers and crew, as needed, with  
          reporting and investigating crimes occurring on board while in  
          the marine waters of the state."  





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          ARE CRIMES ABOARD CRUISE SHIPS BEING PROPERLY REPORTED?

          WOULD THE PRESENCE OF A DOJ INVESTIGATOR ABOARD CRUISE SHIPS BE  
          AN EFFECTIVE RESPONSE TO CRIMES COMMITTED ON THESE SHIPS?

          3.  Unlawful Wastewater Disposal: The Cruise Line Industry's  
          Record  


          The following are a few examples of legal actions taken against  
          cruise line operators for illegal discharges of wastewater - the  
          list is not exhaustive:  On November 16, 2006, the State of  
          Washington fined Celebrity Cruises, Inc., $100,000 for dumping  
          more than 500,000 gallons of untreated wastewater into Puget  
          Sound and the Strait of Juan de Fuca.  (Seattle  
          Post-Intelligencer, November 17, 2006.)  "The release of  
          pollution occurred despite a 2004 agreement banning the dumping  
          of waste in Washington waters unless it's been cleaned with a  
          special treatment system.  . . .  Celebrity Cruises told the  
          Ecology Department in December 2005 that it had not released any  
          untreated waste in Washington waters that year.  But in a  
          September inspection of the ship, department investigators  
          reviewing the Mercury's wastewater discharge records discovered  
          that wasn't true.  "Our old salts knew their stuff," said  
          Ecology spokesman Larry Altose.  "That's what led to it.  . . .   
          The 2004 voluntary agreement to not dump wastewater came after  
          the discharge of 40 tons of raw sewage by a Norwegian Cruise  
          Lines ship near Port Townsend in the Strait of Juan de Fuca.   
          Norwegian wasn't fined over that incident, but it led to the  
          pact between the Ecology Department, the NorthWest Cruise Ship  
          Association and the Port of Seattle."   
          ( http://seattlepi.nwsource.com/local/292739_cruisefine17.html  )


          In relation to another incident of wastewater discharge in 2002,  
          cruise line company Holland America Line pled guilty to federal  
          criminal charges:


               One of the largest tourism companies in Alaska has  




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               agreed to plead guilty to federal criminal charges  
               resulting from an illegal discharge of some 20,000  
               gallons of sewage in downtown Juneau by its cruise  
               ship Ryndam in August 2002.  


               The case against Holland America Line marks the first  
               time a cruise ship company has been prosecuted under a  
               2000 federal law that prohibits dumping of untreated  
               waste in Alaska waters by vessels with more than 500  
               passengers, said Assistant U.S. Attorney Kevin Feldis,  
               who handled the government's case.  The law was  
               sponsored by then-U.S. Sen. Frank Murkowski, R-Alaska,  
               after a series of high-profile cruise ship pollution  
               incidents in Alaska in the 1990s drew national  
               attention to the lack of regulation of the burgeoning  
               industry. 


               Seattle-based Holland America will pay a fine of  
               $200,000 to the federal government and $65,000 to the  
               state, according to a plea agreement unveiled Tuesday.  
                The company will also contribute $500,000 to the  
               National Forest Foundation for environmental work in  
               Southeast and spend $1.3 million to develop an  
               environmental compliance plan. 


               The company will be on probation for three years.   
               When the 2002 discharge took place, Holland America  
               was still on probation for a 1994 felony dumping of  
               oily bilge water off Juneau in which the company paid  
               $2 million in fines and restitution.


          (Anchorage Daily News, December 8, 2004,  
           http://dwb.adn.com/front/v-printer/story/5886893p-5799055c.html  .) 


          In July of 1999, yet another major cruise line company, Royal  




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          Caribbean Cruises Ltd., pled guilty to federal charges related  
          to wastewater discharges:

               Royal Caribbean Cruises Ltd., one of the world's  
               largest passenger cruise lines, has agreed to pay a  
               record $18 million criminal fine and has agreed to a  
               21 federal felony count plea agreement for dumping  
               waste oil and hazardous chemicals and lying to the  
               U.S. Coast Guard, the Justice Department announced.

               In a plea agreement, filed in U.S. District Court in  
               six cities, Royal Caribbean admitted that it routinely  
               dumped waste oil from its fleet of cruise ships, such  
               as the environmentally sensitive Inside Passage of  
               Alaska.  It also pleaded guilty to the unprecedented  
               charge that it deliberately dumped into U.S. harbors  
               and coastal areas many other types of pollutants,  
               including hazardous chemicals from photo processing  
               equipment, dry cleaning shops and printing presses.   
               The $18 million fine is the largest ever to be paid by  
               a cruise line in connection with polluting U.S.  
               waters.

               The plea agreements are being filed in cities in areas  
               where Royal Caribbean violated federal environmental  
               laws: Miami; New York City; Los Angeles; Anchorage;  
               St. Thomas, U.S. Virgin Islands; and, San Juan, Puerto  
               Rico. 

               "Royal Caribbean used our nation's waters as its  
               dumping ground, even as it promoted itself as an  
               environmentally 'green' company," said Attorney  
               General Janet Reno.  "This case will sound like a  
               foghorn throughout the entire maritime industry." 

               Under the terms of the plea agreement, the cruise ship  
               operator will also plead guilty to deliberately  
               storing waste from its ships at a Port of Miami pier  
               without a permit, violating federal hazardous waste  
               law.  Some hazardous materials, including toxic  




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               solvents from dry cleaning operations, were illegally  
               placed in the garbage aboard the ships.  The material  
               was then either incinerated on the ship or dumped in  
               U.S. or foreign ports mixed with ordinary garbage. 

               The 21 new charges follow a guilty plea by Royal  
               Caribbean in June 1998 for similar environmental  
               crimes in Miami and San Juan.  The 1998 pleas -- which  
               resulted in a $9 million criminal fine -- involved  
               charges that the company engaged in a fleet-wide  
               conspiracy to dump oil into U.S. coastal waters and  
               lied to the U.S. Coast Guard to cover up the crime by  
               falsifying oil logs required by law.  Two Royal  
               Caribbean engineers under federal indictment in San  
               Juan remain fugitives.  If today's pleas are approved  
               by the six courts, the total amount of fines paid will  
               total $27 million.  

          (U.S. Environmental Protection Agency, July 21, 1999,  
           http://yosemite.epa.gov/opa/admpress.nsf/34cef4854b892b8b852 
          5645a004de9a4/d4cf84427956628e852567b50070ccaf!OpenDocument  . 
          )

          In addition to assisting passengers and crew with reporting  
          crimes, SB 1582 proposes that the "ocean ranger" would monitor  
          compliance with both state and federal wastewater disposal laws.  
           

          WOULD THE PRESENCE OF A SPECIALLY TRAINED DOJ INVESTIGATOR ON  
          BOARD AN OCEAN LINER HELP PREVENT UNLAWFUL WASTEWATER  
          DISCHARGES?
           
           4.  Some Practical Questions  

          What authority the DOJ investigator would have in relation to  
          the ship's own security personnel is unclear.  Under the  
          provisions of SB 1582, the duties of the ocean ranger would  
          include, "assist[ing] the passengers and crew, as needed, with  
          reporting and investigating crimes occurring onboard while in  
          the marine waters of the state."  One of the problems described  




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          by victims, such as Laurie Dishman, is preserving the evidence  
          of a crime.  Would one DOJ investigator on a ship carrying  
          2,000-3,000 passengers and 950 crew members be able to preserve  
          a crime scene and collect and preserve evidence?  Would  
          passengers be notified that the agent was on board?  If so,  
          would the DOJ investigator become the defacto "go-to" person  
          regarding on-board disputes and would the passengers expect the  
          agent to investigate their claims involving petty thefts,  
          alcohol-related fights, underage drinking, or other relatively  
          minor crimes?  The ocean ranger, as described by the bill, is  
          required to be a POST-certified peace officer as well as a  
          marine engineer licensed by the United States Coast Guard and  
          certified to perform environmental monitoring, and would be  
          required to complete a specific training course specially  
          developed by POST for this position.  What is the availability  
          of such highly trained agents?  

          The overall cost of the ocean ranger program is unclear but  
          would include developing the POST training course, recruiting  
          and training officers as well as the costs of room and board on  
          the ship.  Would the funding mechanism proposed by the bill, a  
          $1.00 per passenger per-day-on-board fee be sufficient to fund  
          the program?  The bill states that DOJ is directed to "revise  
          the fee from time to time to ensure that the fee is sufficient  
          to generate sufficient revenues only to cover the costs of  
          implementing this chapter, plus a prudent reserve."  Could the  
          cost of supporting this program at some point encourage cruise  
          ship operators to reduce the number of ships operating out of  
          California ports?  If so, what effect might this have on the  
          economy in port cities?

          ARE THERE PRACTICAL OBSTACLES TO IMPLEMENTATION OF THE OCEAN  
          RANGER PROGRAM?

          5.  Arguments in Support  

          The California Coastkeeper Alliance states:

               More cruise ships are calling upon California ports of  
               call every year.  The cruise ship fleet is increasing  




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               in size and carrying capacity, and producing  
               increasing volumes of solid and liquid waste.   
               Improperly treated wastes released into the  
               environment can significantly impact California's  
               aquatic ecosystems and the people and industries that  
               depend on them.  The cruise industry has received  
               numerous felony convictions and fines for dumping  
               wastes into public waters and has a poor record of  
               self-policing environmental practices.  Despite  
               increased public awareness, the industry has  
               demonstrated a continued willingness to circumvent  
               prudent environmental practices to increase profits.   
               California's existing zero-discharge law for cruise  
               ship discharges does not provide independent oversight  
               of the industry or verification of the zero-discharge  
               requirement.

               The Ocean Rangers, as employees of the State of  
               California, will be able to monitor environmental  
               compliance related to discharge of all waste streams  
               from cruise ships in California waters, observe  
               maintenance and operational procedures for onboard  
               waste treatment systems, and review relevant logbooks  
               related to environmental compliance activities.   
               California's coastal waters deserve no less.

          The National Center for the Victims of Crime states:

















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               This bill will offer the passengers on cruise ships  
               the enhanced security that currently is available to  
               passengers on airlines by having an independent public  
               safety officer from the State of California on any  
               cruise line coming into or out of the state.  We will  
               do everything we can to support your efforts to reduce  
               crime against cruise ship passengers and provide them  
               with protection while at sea.

          6.  Argument in Opposition  

          The Cruise Lines International Association (CLIA) states:

               CLIA has major concerns with many aspects of this bill.

          1.   The bill would require an on-board enforcement officer  
               to enforce California and federal laws that the  
               industry has been meeting - there is no evidence that  
               the cruise lines have been violating any of these laws  
               in California waters since current statutes have been  
               in place.  
          2.   The bill would require enforcement of federal and  
               state criminal statutes when, according to the FBI,  
               the chance of a passenger facing a major crime is less  
               than .01%.
          3.   It is in conflict with existing Federal Homeland  
               Security requirements and jurisdiction - states are  
               specifically prohibited from requiring differing  
               Homeland Security requirements and an untrained  
               California Ocean Ranger would not be authorized to  
               evaluate and respond to risks related to Homeland  
               Security.
          4.   It would give a marine engineer peace officer status,  
               and allow the engineer to carry guns - a very  
               dangerous situation on a ship with thousands of  
               passengers.
          5.   It appears to allow the Ocean Ranger to enforce  
               federal criminal laws in conflict with the  
               jurisdiction of the federal government under federal  




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               special territorial and maritime jurisdiction as  
               defined in 18 U.S.C.  7.  In addition, the U.S. Coast  
               Guard and Department of Homeland Security have already  
               promulgated crime reporting requirements that are set  
               forth in Title 33 of the Code of Federal Regulations  
               part 120, et seq., which the U.S. Department of  
               Justice has interpreted to apply to crimes committed  
               on all voyages to or from the U.S.  Additional federal  
               legislation has been introduced that would expand the  
               types of incidents to be reported to the FBI and Coast  
               Guard.  That legislation is expected to pass Congress  
               in the next few months.  The federal reporting ensures  
               consistent criminal reporting and processes no matter  
               which state the ship is visiting.
          6.   The bill does not define "waters of the state" but we  
               assume it is the federal 3-mile definition.  However,  
               we understand it is the intent of the bill to allow  
               the Ocean Ranger to remain onboard the ship up and  
               down the West Coast even if the ship remains outside  
               of California waters, and to prohibit the ship from  
               berthing at a California port if the ship does not  
               agree to such an arrangement - the State clearly does  
               not have the jurisdiction or authority to mandate such  
               an enforcement mechanism. 
          7.   Most of the ships that visit California are in  
               California waters (three miles from shore) for one  
               hour, dock at 5 am, and leave 8-10 hours later - a  
               total of 10 to 12 hours, 2-4 times per year.  The ship  
               is then off to Europe or Hawaii or Mexico or Canada.   
               These ships would be treated the same as a ship that  
               is based in California - a definite disincentive for  
               cruise ships to continue to include California ports  
               on their transitioning itineraries.
          8.   The bill is based on an Alaska Initiative that  
               requires the use of an Ocean Ranger to monitor  
               environmental compliance.  However, Alaska has been  
               granted specific federal authority for this regulation  
               which California has not been granted.  (font  
               revised.)













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