Senate Bill No. 457

Introduced by Senator Monning

February 21, 2013

An act to amend Section 656 of the Harbors and Navigation Code, relating to vessels.

LEGISLATIVE COUNSEL’S DIGEST

SB 457, as introduced, Monning. Vessels: collisions and accidents.

Existing law regulates the operation and equipment of vessels subject to the jurisdiction of this state. Existing law specifies that it is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to his or her own vessel, crew, and passengers, to render assistance to other persons affected by the collision, accident, or other casualty as may be practicable and necessary to save those persons from, or minimize any, danger caused by the collision, accident, or other casualty. Existing law further requires the owner, operator or other person on board a vessel involved in a casualty or accident to report the casualty or accident in accordance with regulations adopted by the Department of Boating and Waterways.

This bill would require that the other person required to report a casualty or accident on board the vessel be at least 18 years of age and physically capable of making the report. The bill would require that any public agency that is under contract with the department to receive law enforcement grant funds from the department, pursuant to regulations adopted by the department, complete and submit to the department a report for any boating accident to which it responds or for which it receives a report, and would make any public agency that fails to comply with that reporting requirement ineligible to receive any future law enforcement grant funds from the department for at least 5 fiscal years following the date of the failure to submit an accident report.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 656 of the Harbors and Navigation Code
is amended to read:

656.  

(a) It is the duty of the operator of a vessel involved in a
collision, accident, or other casualty, so far as the operator can do
so without serious danger to his or her own vessel, crew, and
passengers, to render to other persons affected by the collision,
accident, or other casualty begin delete such end delete begin insert that end insert assistance begin delete as may be end delete begin insert that is end insert
practicable and begin delete as may be end delete necessary in order to save them from,
or minimize any, danger caused by the collision, accident, or other
casualty.

(b) Any person who complies with subdivision (a) or Section
656.1, 656.2, or 656.3 or who gratuitously and in good faith renders
assistance at the scene of a vessel collision, accident, or other
casualty without objection by any person assisted, shall not be held
liable for any civil damages sought as a result of the rendering of
assistance or for any act or omission in providing or arranging
salvage, towage, medical treatment, or other assistance, begin delete where end delete begin insert if end insert
the assisting person has acted as an ordinary, reasonably prudent
person would have acted under the same or similar circumstances.

(c) (1) An individual employee of a public entity engaged in
rescue pursuant to this code shall not be a proper party defendant
and shall be dismissed on motion, unless the employee has violated
a statute other than a statute creating a general obligation to rescue
or is guilty of oppression, fraud, malice, or the conscious disregard
of the safety of others.

(2) The public entity employing such an individual shall be
liable in civil damages begin delete where end delete begin insert if end insert the individual employee has failed
to act as a reasonably prudent person would have acted under the
same or similar circumstances.

(3)  begin delete Where end delete begin insert If end insert a public entity has given a reasonable printed,
electronic, or verbal warning of the danger causing the distress
begin delete which end delete begin insert that end insert created the necessity for the rescue, and there has been
a reasonable opportunity for the party in distress to receive the
warning, the public entity begin delete shall be end delete begin insert is end insert liable only for acts or
omissions of its employee begin delete which end delete begin insert that end insert were taken in a grossly
negligent manner.

(d) The owner, operator, or other person begin insert who is at least 18 years
of age and physically capable end insert on board a vessel involved in a
casualty or accident shall report the casualty or accident in
accordance with regulations adopted by the department. The
department shall adopt regulations to maintain a uniform casualty
and accident reporting system for vessels subject to this code in
conformity with federal casualty and accident reporting regulations
promulgated by the United States Coast Guard or any successor
begin delete thereto end delete begin insert to those regulations end insert . Consistent with Public Law 92-75
and the federal regulations contained in Part 173 of Title 33 of the
Code of Federal Regulations, a peace officer or harbor policeman,
upon receiving an initial report of a casualty involving the death
or disappearance of a person as a result of a boating accident, shall
immediately forward the report, by quickest means available, to
the department.

begin insert

(1) A public agency that is under contract with the department
to receive law enforcement grant funds from the department shall,
pursuant to regulations adopted by the department, complete and
submit to the department a report for any boating accident to which
it responds or for which it receives a report.

end insert begin insert

(2) A public agency that has received any law enforcement grant
funds from the department that does not submit an accident report
as required under paragraph (1) shall be ineligible to receive
future grant funds for at least five fiscal years following the date
of the failure to submit a report.

end insert

(e) Neither the report required by this section nor any action
taken by the department with regard to the report shall be referred
to in any way, or be any evidence of negligence or due care of any
party, at the trial of any action at law to recover damages.

(f) All required accident reports, and supplemental reports, shall
be without prejudice to the individual so reporting and shall be for
the confidential use of the department and any peace officer
actually engaged in the enforcement of this chapter, except that
the department shall disclose the names and addresses of persons
involved in, or witnesses to, an accident, the registration numbers
and descriptions of vessels involved, and the date, time, and
location of an accident to any person who may have a proper
interest begin delete therein end delete begin insert in that information end insert , including the begin delete operators end delete begin insert operator end insert
involved or the legal guardian begin delete thereof end delete begin insert of that operator end insert , the parent
of a minor operator, the authorized representative of an operator,
or any person injured begin delete therein end delete begin insert , end insert and the owners of vessels or property
damaged begin delete thereby end delete begin insert , in the accident end insert .

(g) This section applies to foreign vessels, military or public
recreational-type vessels, vessels owned by a state or subdivision
begin delete thereof end delete begin insert of a state end insert , and ship’s lifeboats otherwise exempted from
this chapter pursuant to Section 650.1.