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 941 HEARING DATE: April 8, 2014
AUTHOR: Monning URGENCY: No
VERSION: February 4, 2014 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Vessel operator cards.
BACKGROUND AND EXISTING LAW
It is the policy of the state to promote boating safety (Harbor
and Navigation Code (HNC) §650).
The Division of Boating and Waterways (division), now part of
the Department of Parks and Recreation, regulates the operation
of vessels in the state's inland and coastal waterways. Under
existing law, no one may operate a for-hire vessel that can
carry passengers without a valid operator's license.
Additionally, the division serves approximately 4 million
recreational boaters statewide who operate approximately 2.6
million recreational boats. The division estimates that
recreational boating annually contributes several billion
dollars to the state's economy.
The division recommends that a boating safety class be taken
prior to boating and provides links to numerous approved courses
available both on and offline. From 2011 - 2013, approximately
3,000 California boaters participated annually in some form of
boating safety course. Persons convicted of certain offenses
while boating (e.g. an alcohol or drug offense or moving
violation per HNC §668.1) are required by the court to take and
pass one of these approved courses.
From 2001 - 2012, there have been approximately 730 accidents
(range 473 - 973) and 407 injuries (range 247 - 502) from
recreational boating on average each year. While the total
number of accidents appears to have fallen steadily since 2007,
the number of fatalities from recreational boating has remained
at about 50 per year for the 2001 - 2012 time period. Alcohol
is involved in about 50% of all recreational boating fatalities.
Most accidents occur on a summer weekend in the early to late
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afternoon, although accidents can and do occur year round on any
day of the week and at any time of day. Most accidents involve
a collision with another vessel. From 2010 - 2012, operator
inattention was the most typical cause of accidents (about 36%)
followed by excessive speed (about 21%) and operator
inexperience (about 20%).
Almost all vessel operators involved in recreational boating
accidents in California have had little-to-no formal boater
education. In only about 10% of reported accidents is an
operator involved who has taken a formal boater safety training
course. Nationwide, about 80% of all boating deaths due to
accidents involve an operator who has not completed a boating
safety education course.
PROPOSED LAW
This bill would require that the division develop a vessel
operator education program and would prohibit operation of any
vessel with an engine by anyone who had not received one of the
new vessel operator or rental vessel operator cards obtained by
showing proof of passing an examination covering the material in
this program or other division-approved program with certain
exceptions. Specifically:
The division is authorized to implement regulations for
the program, including fees. The program would have to be
developed on or before December 31, 2017.
The program developed or approved by the division shall
be consistent with national boating education standards and
include basic vessel operations, rules of navigation and
boating safety.
The vessel operator card would be good for the lifetime
of the operator.
The vessel operator card requirement would phase-in by
age group starting with those under 20 years of age by
January 1, 2018 and encompassing all operators by January
1, 2025.
As of January 1, 2018, a rental vessel operator card
would be required to operate or rent a rental vessel if the
operator does not have a valid vessel operator card. The
rental agent could issue a rental vessel operator card to
the rentee or operator after he/she took an abbreviated or
site-specific recreational boating course developed and/or
approved by the division and passed an exam. The rental
vessel operator card would be good for 30 days.
The division shall establish fees, in consultation with
a technical advisory group, which are sufficient to cover
but not exceed the reasonable costs of the development,
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establishment and operation of the program (initial fee
amounts are not yet determined). The fees shall be
deposited in the newly-created Vessel Operator
Certification Account.
Up to a $4,000,000 loan from the Harbors and Watercraft
Revolving Fund shall be used to establish the program and
the division has 3 years from the effective date of the
regulation implementing the program to repay it.
Violations are an infraction and the violators shall be
required to complete and pass a boating safety course.
Starting December 31, 2018, and annually thereafter, the
division shall report on the number of operator cards
issued and should include the correlation between card
issuance and the number of recreational boating accidents,
injuries and fatalities.
Residents of other states or countries who meet the
requirements to operate recreational vessels in those
states or countries and are temporarily operating vessels
in California waters, and others who meet certain
conditions may operate recreational vessels with engines
without possessing vessel or rental vessel operator cards
issued in California.
ARGUMENTS IN SUPPORT
According to the authors, "Due to the large number of vessels
and boating families in the state, it is important to minimize
personal injury, loss of life, and property damage associated
with recreational boating when vessels are operated improperly."
They continue "California has enacted numerous laws and programs
addressing and enhancing vessel operator safety and education
throughout the years, yet it remains one of only six states that
do not require individuals to take a boating safety course
before operating a vessel. [?] In a study of best practices in
boating education conducted by the National Association of State
Boating Law Administrators in 2006, it found that states with
the longest history of boating education requirements also had
lower incidents of boating accidents. SB 941 will enhance
safety on the state's waterways by ensuring that operators of
engine-propelled vessels pass a vessel operator examination
approved by the [division]."
According to the California Yacht Brokers Association and
others, "SB 941 is a good example of stakeholders working with
policy makers in a cooperative fashion to craft the best
legislation possible. [?] SB 941 strikes a good balance between
ensuring that vessel operators are sufficiently educated about
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boating safety and vessel operation without imposing an
excessive burden that could serve as a barrier to entry and harm
this critical aspect of our state's economy."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
The bill is a work-in-progress . The initial fee amounts in the
current version of the bill are blank. Committee staff
understands that discussions are underway between the authors
and stakeholders to develop appropriate values.
Assessment and additional disclosure . SB 941 requires the
division to collect and report information to assess the impact
of the vessel and rental vessel operator card program on the
occurrence of recreational boating accidents, injuries and
fatalities. The Committee may find that it is useful to the
assessment to additionally require that the number of violations
issued be reported as well [Amendment 1]. Additionally, the
Committee may find that the reporting of the fees collected and
the costs associated with the program will provide financial
transparency to the program [Amendment 2].
Accident rate by age group . The accident rate by age group is
fairly evenly split across the adult age groups 21 - 30, 31 -
40, 41 - 50 and 51 - 60, based upon annual data reported from
2010 - 2012 and where the age of the operator is known. The
rate for those in the 11 - 20 and 61 - 70 age groups is about
half as high over the same time period, although there are
restrictions on the operation of vessels for those under the age
of 16. These data are consistent with the phase-in process
specified in the bill.
Exceptions . In addition to the reciprocity offered to
non-residents temporarily noted above, operators who meet the
following criteria are also not required to possess a vessel or
rental vessel operator card in order to operate an
engine-equipped vessel or rental vessel in state waters:
are participating in an organized regatta, vessel or
water ski race,
have a current commercial fishing license,
have a valid marine operator license for the location,
or
are under the direct supervision of an adult possessing
a vessel or rental vessel operator card or a valid marine
operator license for the location,
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Senate Office of Research Report . In November 2013, the Senate
Office of Research stated in a report to the authors:
"While few states require mandatory boat-operator
licenses or certifications for everyone, many do
require boating-safety courses for some segments of
the populations. [?] Most states that do require
certifications or licenses offer lifetimes ones. Many
states offer certification, even if one is not
required, which in some cases is granted after taking
a boating-safety course. [?] Certification or a
mandatory safety course are often phased in over time
and in many states apply only to residents born after
a certain date or under a certain age."
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Related legislation
AB 2110 (Duvall, 2008) and AB 1458 (Duvall, 2007) would have
required the division to institute a boater safety education
program, offer two types of certificates needed to operate a
vessel, promoted reciprocity between states and allowed for a
phase-in across different age groups.
AB 2045 (Nakano, c. 396, Statutes of 2000) required that the
division develop and provide boater safety education courses,
including for personal watercraft program to provide the basic
rules of California waterways, proper and safe manner to operate
recreational vessels and actions necessary to avoid
environmental pollution.
AB 1287 (Davis, 1999) would have required the division to
institute a boater safety education program, offered two types
of certificates, promoted reciprocity between states and allowed
for a phase-in across different age groups (vetoed).
SUGGESTED AMENDMENTS
AMENDMENT 1
Add language to the report requirement proposed in HNC
§678.11 that the number of violations of the vessel
operator card program be reported as well.
AMENDMENT 2
page 3, line 16, add the following sentence at the end:
The fees collected by and costs to the division pursuant to
this article shall be publicly disclosed.
SUPPORT
Boaterexam.com
California State Sheriffs' Association
California Yacht Brokers Association
Marina Recreation Association
Mayor Jerry B. Edelen, City of Del Rey Oaks
National Boating Federation
National Marine Manufacturers Association
Recreational Boaters of California
Western Boaters Safety Group
Several individuals
OPPOSITION
None Received
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