BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- 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 1 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 2