BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 941| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 941 Author: Monning (D) and DeSaulnier (D), et al. Amended: 5/27/14 Vote: 21 SENATE NATURAL RESOURCES AND WATER COMMITTEE : 7-1, 4/8/14 AYES: Pavley, Evans, Hueso, Jackson, Lara, Monning, Wolk NOES: Fuller NO VOTE RECORDED: Cannella SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14 AYES: De León, Hill, Lara, Padilla, Steinberg NOES: Walters, Gaines SUBJECT : Vessel operator cards SOURCE : Author DIGEST : This bill requires that the Division of Boating and Waterways (Division) develop a vessel operator education program and issue a vessel operator card, as specified; and prohibits the operation of any vessel with an engine by anyone who had not received one of the new vessel operator or rental vessel operator cards with certain exceptions. ANALYSIS : Existing law: 1. Prohibits the operation or navigation of a for-hire vessel, CONTINUED SB 941 Page 2 as defined, in the waters of California while carrying passengers, except by a person who holds a valid operator's license issued by the Division. Under existing law, a person applying for an operator's license is required to undergo an examination that may include, among other things, and inspection of the for-hire vessel. 2. Requires the Division to approve boating safety courses and personal watercraft education courses, as specified. This bill: 1. Requires the Division to develop a vessel operator card and a rental vessel operator card to be issued on or before December 31, 2017. 2. Requires that 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. 3. States that the vessel operator card will be good for the lifetime of the operator. 4. States that 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. 5. Requires, as of January 1, 2018, a rental vessel operator card to operate or rent a rental vessel if the operator does not have a valid vessel operator card. The rental agent can 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 will be good for 30 days. Authorizes the Division to charge a rental agent a fee to cover the costs, but not exceed those costs, to the Division of approving a site-specific rental vessel operator examination for the site at which the rental agent operates. 6. Requires the Division to establish fees, in consultation with a technical advisory group, which are sufficient to cover but CONTINUED SB 941 Page 3 not exceed the reasonable costs of the development, establishment and operation of the program. Requires the Division to charge a fee not to exceed $30 for the initial vessel operator card issued and a fee not to exceed $10 for a duplicate vessel card. Requires the fees to be deposited in the newly-created Vessel Operator Certification Account (VOCA). 7. Specifies that up to a $4 million loan from the Harbors and Watercraft Revolving Fund (HWRF) shall be used to establish the program and the Division has eight years from the effective date of this bill to repay it. 8. Authorizes the Division to develop and provide a vessel operator examination on the Division's Internet Web site. Requires the Division to provide links from the Division's Internet Web site to other vessel operator examinations approved by the Division that are available through a provider whose course has been approved by the National Association of State Boating Law Administrators. 9. Specifies that violations are an infraction and the violators are required to complete and pass a boating safety course. 10.Requires, on or before April 1, 2019, and on or before April 1 annually thereafter, the Division to prepare a report that includes all of the following information with respect to the prior calendar year: A. The total number of vessel operator cards issued pursuant to this bill. B. The fees collected, and the cost incurred, by the Division pursuant to this bill. C. The correlation between vessel operator cards issued and the number of accidents, injuries, and fatalities related to the operation of vessels in the state that are reported. D. The number of violations of this bill reported to the Division. 11.Requires the report to be posted on the Division's Internet CONTINUED SB 941 Page 4 Web site. 12.Authorizes 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, to operate recreational vessels with engines without possessing vessel or rental vessel operator cards issued in California. 13.Defines "rental agent," for purposes of this bill, to mean a person engaged in the business of providing for rent a vessel or vessels propelled by an engine, regardless of whether the engine is the principle source of propulsion. Background It is the policy of the state to promote boating safety. The 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 four 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) 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 CONTINUED SB 941 Page 5 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: One-time cost of $4 million from the HWRF (Special Fund) for a loan to the VOCA in 2015, with likely repayments beginning in 2023. One-time costs of $2.3 million from the VOCA (Special) for FY 2015-16 to the Division for the creation of the vessel operator and rental operator card. Unknown ongoing costs of at least $3.9 million from the VOCA (Special) beginning in FY 2016-17 for the Division to issue vessel operator cards with a potential significant drop in costs after 2025. Unknown ongoing revenues, likely in the low millions of dollars to the VOCA (Special) beginning in 2017 from vessel operator card fees with a potential significant drop in revenues after 2025. SUPPORT : (Verified 5/27/14) Boaterexam.com California State Sheriffs' Association California Yacht Brokers Association Marina Recreation Association CONTINUED SB 941 Page 6 Mayor Jerry B. Edelen, City of Del Rey Oaks National Boating Federation National Marine Manufacturers Association Recreational Boaters of California Tahoe Community Sailing Foundation, Inc. United States Life-Saving Association Western Boaters Safety Group 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 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." RM:d 5/27/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 941 Page 7 CONTINUED