BILL ANALYSIS Ó
SB 427
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Date of Hearing: July 2, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
SB 427 (Monning) - As Amended: May 21, 2013
SENATE VOTE : 34-0
SUBJECT : Vessels: Equipment Requirements: Personal Flotation
Devices
SUMMARY : Expands the definition of vessels to which laws
regarding operation and equipment requirements apply, and
modifies requirements for use of personal flotation devices.
Specifically, this bill :
1)Expands the definition of vessel to include an artificial
contrivance used for transportation on water.
2)Modifies the requirement for use of a personal flotation
device to require that the personal flotation device be
wearable and used in accordance with approval labels and
manufacturer's instructions.
3)Clarifies that the exception from the requirement to wear a
personal flotation device for water skiers participating in
official regattas, parades, tournaments, or exhibitions
applies only if the event is being conducted pursuant to a
United States Coast Guard (USCG) permit.
4)Narrows the existing exemption from the requirement to wear a
personal flotation device for vessels engaged in emergency
rescue operations to apply only to persons that are 13 years
of age or older.
5)Makes other technical changes.
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.
SB 427
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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
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 product meets 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 : Background information provided by the author
indicates that the purpose of this bill is to update and clarify
basic life jacket requirements for boating in California, and to
update the definition of "vessel" to include newer water
recreation equipment. The USCG frequently updates life jacket
requirements as new products are introduced in the market.
Existing California law does not accurately reflect these
changes. This bill amends the law to require that USCG approved
life jackets be used in accordance with approval labels and
manufacturer's instructions. It also makes other clarifications
regarding exceptions to the life jacket requirement. The
definition of a vessel is modified to include other "artificial
contrivances," in addition to watercraft, used or capable of
being used for transportation on water. The definition broadens
the types of vessels for which public safety and accident
reporting requirements apply.
SB 427
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The broader definition of vessel as proposed in this bill tracks
with the federal definition, which also contains the phrase
"artificial contrivance." Webster's dictionary defines
"contrivance" to include but not necessarily be limited to a
mechanical device. The author indicates that the intent is to
include vessels such as flyboards and JetLev, which are newer
types of jet skis that enable the rider to become airborne,
within the definition.
Double-Referral : This bill was double-referred to the Assembly
Transportation Committee which heard and passed this bill on
June 17th by unanimous vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Recreational Boaters of California
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096