BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 941
Author: Monning (D) and DeSaulnier (D), et al.
Amended: 8/18/14
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
ASSEMBLY APPROPRIATIONS COMMITTEE : 12-5, 8/14/14
AYES: Gatto, Bocanegra, Bradford, Ian Calderon, Campos, Eggman,
Gomez, Holden, Pan, Quirk, Ridley-Thomas, Weber
NOES: Bigelow, Donnelly, Jones, Linder, Wagner
SENATE FLOOR : 24-10, 5/28/14
AYES: Beall, Block, Cannella, Corbett, Correa, De León,
DeSaulnier, Evans, Galgiani, Hernandez, Hill, Hueso, Jackson,
Lara, Leno, Lieu, Mitchell, Monning, Padilla, Pavley, Roth,
Steinberg, Torres, Wolk
NOES: Anderson, Berryhill, Gaines, Huff, Knight, Morrell,
Nielsen, Vidak, Walters, Wyland
NO VOTE RECORDED: Calderon, Fuller, Hancock, Liu, Wright, Yee
ASSEMBLY FLOOR : 51-25, 8/20/14 - See last page for vote
SUBJECT : Vessel operator cards
SOURCE : Author
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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 cards with certain
exceptions.
Assembly Amendments exempt a person who has successfully
completed a boating course approved by the Commission on Peace
Officer Standards and Training from the requirement to possess a
vessel operator card; and require the Division to annually
report on its Internet Web site the number of cards issued, fee
collections, administrative costs, the correlation between card
issuance and boating accidents/injuries/ fatalities, and the
number of violations; by April 1, 2023, and April 1, 2028, to
include any recommended changes to improve boating safety; and
delete provision issuing rental vessel operator cards.
ANALYSIS :
Existing law:
1. Prohibits the operation or navigation of a for-hire vessel,
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 to be
issued on or before January 1, 2018.
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
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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 the Division to establish fees, in consultation with
a technical advisory group, which are sufficient to cover but
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).
6. 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.
7. 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.
8. Specifies that violations are an infraction and the violators
are required to complete and pass a boating safety course.
9. 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.
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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.
10.Requires the report to be posted on the Division's Internet
Web site.
11.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 operator cards issued in California.
12.Requires the Division to annually report on its Internet Web
site the number of cards issued, fee collections,
administrative costs, the correlation between card issuance
and boating accidents/injuries/ fatalities, and the number of
violations, and by April 1, 2023, and April 1, 2028, to
include any recommended changes to improve boating safety.
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
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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
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 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.
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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 5/20/14)
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
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
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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."
ASSEMBLY FLOOR : 51-25, 8/20/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Fong, Fox,
Frazier, Garcia, Gomez, Gonzalez, Gordon, Hall, Roger
Hernández, Holden, Jones-Sawyer, Levine, Lowenthal, Medina,
Mullin, Muratsuchi, Nazarian, Pan, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada,
Atkins
NOES: Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth
Gaines, Gatto, Gorell, Gray, Hagman, Harkey, Jones, Linder,
Logue, Maienschein, Mansoor, Melendez, Nestande, Olsen,
Patterson, Quirk-Silva, Wagner, Waldron, Wilk
NO VOTE RECORDED: Achadjian, Eggman, Grove, Vacancy
RM:d 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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