Amended in Senate April 8, 2013

Senate BillNo. 427


Introduced by Senator Monning

February 21, 2013


An act to amend Sections 651 and 658.3 of the Harbors and Navigation Code, relating to vessels.

LEGISLATIVE COUNSEL’S DIGEST

SB 427, as amended, Monning. Vessels: equipment requirements: personal flotation devices.

(1) Existing law governs vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this state, except as provided. For these purposes, existing law defines vessel to mean every description of watercraft used or capable of being used as a means of transportation on water, except as specified.

This bill would define vessel to mean every description of a watercraft or other artificial contrivancebegin delete that isend delete used or capable of being used as a means of transportation on waterbegin delete or is designed to be or is propelled on water by sail, mechanical means, power, oars or paddlesend delete, except as specified.

(2) Existing law requires a person under 13 years of age to wear a United States Coast Guard-approved personal flotation device when aboard a motorboat, sailboat, or vessel that is underway, except as provided. Existing law requires a person on board a personal watercraft or a person being towed behind a vessel on water skis, an aquaplane, or similar device to wear abegin insert specific type ofend insert United States Coast Guard-approved personal flotation device, except as provided. Existing law makes a violation of these requirements an infraction.

This bill wouldbegin delete revise and recast these requirements by changing the type ofend deletebegin insert delete the requirements that theend insert United States Coast Guard-approved personal flotation devicebegin delete that a person is required to wear and the circumstances under which a person is required to wear a personal flotation deviceend deletebegin insert be of a specific type and would require that it be used in accordance with approved labels and manufacturer’s instructionsend insert. Because existing law makes a violation of these requirements an infraction, the bill would impose a state-mandated local program.

(3) 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:

P2    1

SECTION 1.  

Section 651 of the Harbors and Navigation Code
2 is amended to read:

3

651.  

As used in this chapter, unless the context clearly requires
4a different meaning:

5(a) “Alcohol” means any form or derivative of ethyl alcohol
6(ethanol).

7(b) “Alcohol concentration” means either grams of alcohol per
8100 milliliters of blood or grams of alcohol per 210 liters of breath.

9(c) “Associated equipment” means any of the following,
10excluding radio equipment:

11(1) Any system, part, or component of a boat as originally
12manufactured or any similar part or component manufactured or
13sold for replacement, repair, or improvement of the system, part,
14or component.

15(2) Any accessory or equipment for, or appurtenance to, a boat.

16(3) Any marine safety article, accessory, or equipment intended
17for use by a person on board a boat.

18(d) “Boat” means any vessel that is any of the following:

19(1) Manufactured or used primarily for noncommercial use.

20(2) Leased, rented, or chartered to another for the latter’s
21noncommercial use.

P3    1(3) Engaged in the carrying of six or fewer passengers, including
2those for-hire vessels carrying more than three passengers while
3using inland waters of the state that are not declared navigable by
4the United States Coast Guard.

5(4) Commercial vessels required to be numbered pursuant to
6Section 9850 of the Vehicle Code.

7(e) “Chemical test” means a test that analyzes an individual’s
8breath, blood, or urinebegin delete,end delete for evidence of drug or alcohol use.

9(f) “Controlled substance” means controlled substance as defined
10in Section 11007 of the Health and Safety Code.

11(g) “Department” means the Department of Boating and
12Waterways.

13(h) “Director” means the Director of Boating and Waterways.

14(i) “Drug” means any substance or combination of substances
15other than alcohol that could so affect the nervous system, brain,
16or muscles of a person as to impair to an appreciable degree his
17or her ability to operate a vessel in the manner that an ordinarily
18prudent person, in full possession of his or her faculties, using
19reasonable care, would operate a similar vessel under like
20conditions.

21(j) “Intoxicant” means any form of alcohol, drug, or combination
22thereof.

23(k) “Legal owner” is a person holding the legal title to a vessel
24under a conditional sale contract, the mortgagee of a vessel, or the
25renter or lessor of a vessel to the state, or to any county, city,
26district, or political subdivision of the state, under a lease,
27lease-sale, or rental-purchase agreement that grants possession of
28the vessel to the lessee for a period of 30 consecutive days or more.

29(l) “Manufacturer” means any person engaged in any of the
30following:

31(1) The manufacture, construction, or assembly of boats or
32associated equipment.

33(2) The manufacture or construction of components for boats
34and associated equipment to be sold for subsequent assembly.

35(3) The importation into this state for sale of boats, associated
36equipment, or components thereof.

37(m) “Marine employer” means the owner, managing operator,
38charterer, agent, master, or person in charge of a vessel other than
39a recreational vessel.

P4    1(n) “Motorboat” means any vessel propelled by machinery,
2whether or not the machinery is the principal source of propulsion,
3but shall not include a vessel that has a valid marine document
4issued by the United States Coast Guard or any federal agency
5successor thereto.

6(o) “Operator” means the person on board who is steering the
7vessel while underway.

8(p) “Owner” is a person having all the incidents of ownership,
9including the legal title, of a vessel whether or not that person
10lends, rents, or pledges the vessel; the person entitled to the
11possession of a vessel as the purchaser under a conditional sale
12contract; or the mortgagor of a vessel. “Owner” does not include
13a person holding legal title to a vessel under a conditional sale
14contract, the mortgagee of a vessel, or the renter or lessor of a
15vessel to the state or to any county, city, district, or political
16subdivision of the state under a lease, lease-sale, or rental-purchase
17agreement that grants possession of the vessel to the lessee for a
18period of 30 consecutive days or more.

19(q) “Passenger” means every person carried on board a vessel
20other than any of the following:

21(1) The owner or his or her representative.

22(2) The operator.

23(3) Bona fide members of the crew engaged in the business of
24the vessel who have contributed no consideration for their carriage
25and who are paid for their services.

26(4) Any guest on board a vessel that is being used exclusively
27for pleasure purposes who has not contributed any consideration,
28directly or indirectly, for his or her carriage.

29(r) “Person” means an individual, partnership, firm, corporation,
30limited liability company, association, or other entity, but does not
31include the United States, the state, or a municipality or subdivision
32thereof.

33(s) “Personal watercraft” means a vessel 13 feet in length or
34less, propelled by machinery, that is designed to be operated by a
35person sitting, standing, or kneeling on the vessel, rather than in
36the conventional manner of sitting or standing inside the vessel.

37(t) “Recreational vessel” means a vessel that is being used only
38for pleasure.

39(u) “Registered owner” is the person registered by the
40Department of Motor Vehicles as the owner of the vessel.

P5    1(v) “Special-use area” means all or a portion of a waterway that
2is set aside for specified uses or activities to the exclusion of other
3incompatible uses or activities.

4(w) “State” means a state of the United States, the
5Commonwealth of Puerto Rico, the Virgin Islands, Guam,
6American Samoa, and the District of Columbia.

7(x) “State of principal use” means the state on which waters a
8 vessel is used or intended to be used most during a calendar year.

9(y) “Undocumented vessel” means any vessel that is not required
10to have, and does not have, a valid marine document issued by the
11United States Coast Guard or any federal agency successor thereto.

12(z) “Use” means operate, navigate, or employ.

13(aa) “Vessel” includes every description of a watercraft or other
14artificial contrivancebegin delete that isend delete used or capable of being used as a
15means of transportation on waterbegin delete or is designed to be propelled on
16water by sail, mechanical means, power, oars, or paddles. “Vessel”
17does not includeend delete
begin insert, exceptend insert either of the following:

18(1) A seaplane on the water.

19(2) A watercraft specifically designed to operate on a
20permanently fixed course, the movement of which is restricted to
21a fixed track or arm to which the watercraft is attached or by which
22the watercraft is controlled.

begin delete

23(bb)

end delete

24begin insert(ab)end insert “Water skis, an aquaplane, or a similar device” includes
25all forms of water skiing, barefoot skiing, skiing on skim boards,
26knee boards, or other contrivances, parasailing, ski kiting, or any
27activity where a person is towed behind or alongside a boat.

begin delete

28(cc)

end delete

29begin insert(ac)end insert “Waters of this state” means any waters within the territorial
30limits of this state.

31

SEC. 2.  

Section 658.3 of the Harbors and Navigation Code is
32amended to read:

33

658.3.  

(a) A person shall not operate a motorboat, sailboat, or
34vessel that is 26 feet or less in length,begin delete or a vessel that is more than
3526 feet in length and has an open cockpit,end delete
unless every person on
36board who is under 13 years of age is wearing abegin insert United States end insert
37 Coast Guard-approvedbegin insert wearableend insert personal flotation devicebegin delete in
38serviceable condition and of a type and size appropriate for the
39conditions and the activity being engaged inend delete
begin insert used in accordance
P6    1with approved labels and manufacturer’s instructionsend insert
while that
2motorboat, sailboat, or vessel is underwaybegin delete, moored, or at anchorend delete.

3(b) Subdivision (a) does not apply to a person operating a
4sailboat on which a person who is under 13 years of age is
5restrained by a harness tethered to the vessel, or to a person
6operating a vessel on which a person who is under 13 years of age
7is in an enclosed cabin.

8(c) A person on board a personal watercraft or a person being
9towed behind a vessel on water skis, an aquaplane, or similar
10device, except for an underwater maneuvering device intended for
11use by a submerged swimmer, shall wear abegin insert United States end insert Coast
12Guard-approvedbegin insert wearableend insert personal flotation device begin delete in serviceable
13condition and of a type and size appropriate for the conditions and
14the activity being engaged inend delete
begin insert used in accordance with approved
15labels and manufacturer’s instructionsend insert
. An underwater
16maneuvering device is a towed or self-powered apparatus that a
17person can pilot through diving, turning, and surfacing maneuvers
18that is designed for underwater use.

19(1) This subdivision does not apply to a person aboard a personal
20watercraft or a person being towed behind a vessel on water skis,
21if that person is a performer engaged in a professional exhibition,
22or preparing to participate or participating with authorization
23pursuant to a United States Coast Guard permit or other permit
24granted pursuant to subdivision (a) of Section 268 in an official
25regatta, marine parade, tournament, or exhibition.

26(2) In lieu of wearing abegin insert United Statesend insert Coast Guard-approved
27begin insert wearableend insert personal flotation device as described in this subdivision,
28a person engaged in slalom skiing on a marked course or a person
29engaged in barefoot, jump, or trick waterskiing may elect to wear
30a wetsuit designed for the activity and labeled by the manufacturer
31as a water ski wetsuit. Abegin insert United Statesend insert Coast Guard-approved
32personal flotation device as described in this subdivision shall be
33carried in the tow vessel for each skier electing to wear a water
34ski wetsuit pursuant to this paragraph.

35(d) The requirements set forth in subdivisions (a) and (c) do not
36apply to a person 13 years of age or older operating a motorboat,
37sailboat, or vessel if the vessel is engaged in an emergency rescue
38situation.

39(e) The following definitions govern the construction of this
40section:

P7    1(1) “Enclosed cabin” means a space on board a vessel that is
2surrounded by bulkheads and covered by a roof.

3(2) “Operate a motorboat, sailboat, or vessel” means to be in
4control or in charge of a motorboat, sailboat, or vessel while it is
5underway.

6(3) “Underway” means all times except when the motorboat,
7sailboat, or vessel is anchored, moored, or aground.

8(f) A violation of this section is an infraction punishable as
9provided in subdivision (a) of Section 668.

10

SEC. 3.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



O

    98