BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 457 HEARING DATE: April 23, 2013
AUTHOR: Monning URGENCY: No
VERSION: April 15, 2013 CONSULTANT: Leonardo Scherer
Alves
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Vessels: collisions and accidents.
BACKGROUND AND EXISTING LAW
Federal law requires state departments such as the California
Department of Boating and Waterways to collect boating accident
data and, upon request, provide these data to federal agencies.
Funding from the federal agency is contingent upon compliance
with these federal regulations. According to the author's
office, California law is often confusing to individuals and
peace officers and as a result the California Department of
Boating and Waterways receives incomplete or inaccurate reports.
Changes to statute will help the state compliance with federal
regulation and improvement of boating accident data which will
help the department prevent or reduce loss of properties and
lives due to accidents.
PROPOSED LAW
This bill updates boating accident reporting requirements aiming
at improving the quality and accuracy of data collected. This
bill would require that any local agency that receives grant
funds from the department to report and collect data on any
boating accident to which it responds or which it has received a
report, in turn these local agencies shall provide these data to
the state department. Failure to comply may make the agency
ineligible to received future grant funds for up to 5 fiscal
years. This bill also would require the department to notify the
agency of the failure to submit a report prior of making the
agency ineligible to receive future grant funds.
COMMENTS
It is uncertain how the most recent amendment, which will change
the word shall , expressing a mandatory or a command, to the word
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may , which indicates the possibility of being considered
ineligible for future grants, will help the state department to
obtain better and more complete reporting. The suggested
amendment is agreeable to the committee and the author.
SUGGESTED AMENDMENTS
AMENDMENT 1
Re-state page 3, line 33 as follows: shall be determined by the
department to be ineligible to receive future grant funds for up
to five fiscal years following the date of the failure to submit
a report, except by good cause shown by that public agency.
SUPPORT
None Received
OPPOSITION
None Received
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