BILL ANALYSIS Ó
SB 427
Page 1
Date of Hearing: June 17, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 427 (Monning) - As Amended: May 21, 2013
SENATE VOTE : 34-0
SUBJECT : Vessels: Personal floatation equipment: vessel
definition
SUMMARY : Updates the terms related to "floatation devices" and
"vessels." Specifically, this bill :
1)Redefines acceptable floatation devices, approved for boaters
under the age of 13 as well as all persons on board a personal
watercraft or being towed behind a boat as a skier. Requires
the person use a United States Coast Guard (USCG)-approved
wearable floatation device used in accordance with approval
labels and manufacturer's instructions; deletes obsolete
descriptions of acceptable floatation devices.
2)Redefines vessel to mean every description of a watercraft or
other artificial contrivance used or capable of being used as
a means of transportation on water.
3)Clarifies that persons 13 years of age or older operating a
motorboat, sailboat, or vessel engaged in an emergency rescue
situation are not required to wear a floatation device.
EXISTING LAW :
1)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.
2)Requires a person under 13 years of age to wear a
USCG-approved personal flotation device when aboard a
motorboat, sailboat, or vessel that is underway, except as
provided. Exceptions include, but are not limited to, persons
aboard a personal watercraft or a person being towed behind a
vessel on water skis, if that person is a performer engaged in
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a professional exhibition, preparing to participate or
participating in an official regatta, marine parade,
tournament, or exhibition; and also if the vessel is engaged
in an emergency rescue.
3)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 a specific type of USCG-approved
personal flotation device, except as provided. Makes a
violation of these requirements an infraction.
4)Under federal law, the USCG sets minimum standards for
recreational vessels and associated safety equipment. To meet
these standards, required equipment must be USGC "approved" or
"certified." This means that the produce meet USCG
specifications, standards, and regulations for performance,
construction, or materials.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, the purpose of this bill is
to update and clarify basic life jacket, flotation device
requirements in California. This includes removing existing
references to the specific types of USCG-approved life jackets
and replacing this language with language that is more
generalized. This bill also updates existing law outlining the
basic requirements for ensuring the availability of a life
jacket for every person aboard a recreational vessel. Further,
the bill clarifies the exception for wearing life jackets among
operators engaged in rescues. Lastly, the author cites that his
bill would broaden the definition of a vessel to include new
trends in water recreation and to ensure applicability of the
law as it pertains to boating safety equipment requirements.
Existing state law mandates that specific types of USCG-approved
life jackets be worn for boating activities. In practice, types
of life jackets vary for different activities and current law
does not adequately reflect these differences. The USCG
frequently updates life jacket approval requirements as
manufacturers continually introduce new products to the market.
As a result, California's life jacket law needs to be amended in
order to be less explicit and adapt to frequently changing
federal approvals and market trends. In addition, existing
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exceptions to the life jacket law that apply to emergency
situations need to be clarified in order to reduce enforcement
confusion.
Further, this bill revises and updates the definition of a
vessel to include new water recreation equipment. Accordingly,
new water recreation equipment, such as Flyboard and JetLev,
that use high pressure tubes situated in a backpack apparatus to
propel the wearer upwards, currently do not meet the definition
of a vessel under current California law, making boating safety
statutes and regulations unenforceable. This change would make
this new equipment subject to boating safety laws.
Double referral : This bill is also referred to the Assembly
Water, Parks and Wildlife Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Recreational Boaters of California
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093