BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 427
Author: Monning (D)
Amended: 5/21/13
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/23/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 34-0, 5/9/13 (Consent)
AYES: Anderson, Beall, Block, Calderon, Cannella, Corbett,
Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,
Knight, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Roth,
Steinberg, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Berryhill, Lara, Pavley, Price, Vacancy,
Vacancy
ASSEMBLY FLOOR : 78-0, 8/22/13 (Consent) - See last page for
vote
SUBJECT : Vessels: equipment requirements: personal
flotation devices
SOURCE : Author
DIGEST : This bill expands the definition of vessels to which
laws regarding operation and equipment requirements apply, and
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modifies requirements for use of personal flotation devises.
Assembly Amendments make technical changes.
ANALYSIS :
Existing law:
1.Mandates that vessels or associated equipment used on waters
are subject to boating safety statutes and regulations.
Currently, California requires persons aboard a motorboat,
sailboat, or other vessel to wear specific types of personal
flotation device.
2.Requires a person under 13 years of age to wear a United
States Coast Guard (USCG) approved personal flotation device
when aboard a motorboat, sailboat, or vessel that is underway,
except as provided.
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.
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
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.
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Background
Existing law mandates that all types of USCG approved life
jackets be worn for boating activities. In practice, types of
life jackets vary for different activities and existing 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 exceptions to the life
jacket law that apply to performers and emergency situations
need to be clarified in order to reduce enforcement confusion.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/23/13)
Recreational Boaters of California
ARGUMENTS IN SUPPORT : 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.
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 existing California law, making boating safety statutes
and regulations unenforceable. This change would make this new
equipment subject to boating safety laws.
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ASSEMBLY FLOOR : 78-0, 8/22/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,
Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Vacancy, Vacancy
RM:ej 8/23/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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