BILL ANALYSIS Ó
SB 941
Page 1
SENATE THIRD READING
SB 941 (Monning and DeSaulnier)
As Amended August 18, 2014
Majority vote
SENATE VOTE :24-10
TRANSPORTATION 9-3 APPROPRIATIONS 12-5
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|Ayes:|Lowenthal, Achadjian, |Ayes:|Gatto, Bocanegra, |
| |Ammiano, Bloom, Bonta, | |Bradford, |
| |Buchanan, Daly, Frazier, | |Ian Calderon, Campos, |
| |Holden | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Linder, Gatto, Logue |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
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SUMMARY : Requires individuals to pass an examination and obtain a
vessel operator card from the Division of Boating and Waterways
(DBW) in order to operate a motorized vessel (i.e., boat) on state
waterways. Specifically, this bill :
1)Requires DBW to develop a program requiring operators of
motorized vessels to pass an online written examination on
boating safety and to carry a vessel operator card when
operating a vessel on waters of the state.
2)Directs DBW to determine vessel operator card fees.
3)Creates the Vessel Operator Certification Account within the
Harbors and Watercraft Revolving Fund (HWRF) and requires that
an amount not to exceed $4 million, upon appropriation in the
annual Budget Act, be transferred from the HWRF to the Vessel
Operator Certification Account.
4)Requires DBW to prepare a report on the program, as specified,
or before April 1, 2019, and on or before April 1 annually
thereafter with the report posted on its Internet Web site.
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5)Provides that vessel operator card requirements be phased in by
age beginning with persons age 20 or younger until January 1,
2025 when all persons would be subject to program requirements.
6)Exempts certain persons, as specified, from the requirement to
possess a vessel operator card.
7)Makes operating a motorized vessel without a vessel operator
card an infraction.
8)Requires the court, in addition to imposing a fine for operating
a vessel without a vessel operator card, to require successful
completion of a boating safety course, approved by DBW, as
specified, and to submit proof of successful completion within
seven months of conviction.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, to develop, implement and report on the new program
will require two positions at a cost of $170,000 annually and an
information technology position for up two years at $90,000
annually.
Based on the experience of Washington State, the DBW anticipates
that up to 20% (estimate at about 250,000) of those required to
complete the boater safety course will do so using a home study
course option. At an estimate cost of $6 to print the home study
course booklet, total costs would be $1.5 million over several
years as the course requirement expands to more age groups until
2025.
The DBW anticipates that, as in other states, the division will
contract with a private course provider who will collect a fee for
the course and certification and remit a portion of the fee to the
state sufficient to cover the department's start-up and operating
costs.
COMMENTS : According to the authors, California remains one of six
states that do not require individuals to take a boating safety
course before operating a motorized vessel. They point out that
in 2012 alone there were 247 boating-related injuries, 53
fatalities, and $5.7 million in property damage in California
resulting from boating accidents and they contend that boating
safety could be substantially improved if motorized vessel
operators receive proper safety training. The authors have
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introduced this bill to address these problems.
According to the National Association of State Boating Law
Administrators, states with the longest history of boating
education requirements also have the lowest incidents of boating
accidents. Specifically, Connecticut is cited as an example where
once legislation was passed requiring mandatory boating education,
boating fatality rates fell by 56%.
According to the United States Coast Guard, operator errors
account for 70% of boating accidents. DBW notes that in 2013,
only 2,264 individuals took the voluntary boating safety course,
which the author points to as one of the reasons California, with
its nearly 1 million registered vessels, has one of the worst
records for boating accidents in the nation. While no education
or experience is necessary to operate a motorized vessel in
California, DBW does provide boater education courses and issues
cards for successful completion. Completion of a boater education
course is not required unless ordered by a court following the
conviction of a moving vessel violation.
Writing in support of this bill, the California Yacht Brokers
Association, the Marina Recreation Association, the National
Marine Manufacturers Association, and the Western Boater's Safety
Group note that the bill strikes a good balance between ensuring
that vessel operators are sufficiently educated on boating safety
and vessel operation without imposing excessive burden that would
serve as a barrier to operating a vessel. They feel that the
focused nature of the testing will result in more informed boaters
using California's waterways with the result of improved safety
and reduced accident rates.
This bill specifies that DBW is required to produce a report to be
posted on its Internet Web site on or before April 1, 2019, and
annually thereafter. The data collected and reported by DBW would
be useful to inform whether or not the vessel operator card
program is successfully reducing boating accidents and if
additional measures should be instituted to achieve this goal.
The authors have included the requirement that DBW provide
recommendations in the April 1, 2023, and April 1, 2028, reports
describing what program changes, if any, may be needed to improve
boater safety in California or, alternatively, the program's
overall effectiveness and recommendation as to whether or not the
program should be continued.
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Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093 FN: 0004741