BILL NUMBER: AB 638	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 24, 2015

   An act to amend Section 658.3 of the Harbors and Navigation Code,
relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 638, as introduced, Frazier. Vessels: personal flotation
devices.
   Existing law regulates the safe operation of various types of
vessels navigating the state's ports and harbors. Existing law
prohibits a person from operating a motorboat, sailboat, or vessel
that is 26 feet or less in length unless every person on board who is
under 13 years of age or less is wearing a specified type of
wearable personal flotation device while that motorboat, sailboat, or
vessel is underway, as defined, except as provided.
   This bill would make nonsubstantive changes in those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 658.3 of the Harbors and Navigation Code is
amended to read:
   658.3.  (a) A person shall not operate a motorboat, sailboat, or
vessel that is 26 feet or less in length, unless every person 
who is  on board  and  who is under 13 years of age is
wearing a United States Coast Guard-approved wearable personal
flotation device  that is  used in accordance with approval
labels and manufacturer's instructions while that motorboat,
sailboat, or vessel is underway.
   (b) Subdivision (a) does not apply to a person operating a
sailboat on which a person who is under 13 years of age is restrained
by a harness tethered to the vessel, or to a person operating a
vessel on which a person who is under 13 years of age is in an
enclosed cabin.
   (c) A person on board a personal watercraft or a person being
towed behind a vessel on water skis, an aquaplane, or similar device,
except for an underwater maneuvering device intended for use by a
submerged swimmer, shall wear a United States Coast Guard-approved
wearable personal flotation device  that is  used in
accordance with approval labels and manufacturer's instructions. An
underwater maneuvering device is a towed or self-powered apparatus
that a person can pilot through diving, turning, and surfacing
maneuvers that is designed for underwater use.
   (1) This subdivision does not apply to a person aboard a personal
watercraft or a person being towed behind a vessel on water skis, if
that person is a performer engaged in a professional exhibition, or
preparing to participate or participating with authorization pursuant
to a United States Coast Guard permit or other permit granted
pursuant to subdivision (a) of Section 268 in an official regatta,
marine parade, tournament, or exhibition.
   (2) In lieu of wearing a United States Coast Guard-approved
wearable personal flotation device as described in this subdivision,
a person engaged in slalom skiing on a marked course or a person
engaged in barefoot, jump, or trick waterskiing may elect to wear a
wetsuit designed for the activity and labeled by the manufacturer as
a water ski wetsuit. A United States Coast Guard-approved personal
flotation device as described in this subdivision shall be carried in
the tow vessel for each skier electing to wear a water ski wetsuit
pursuant to this paragraph.
   (d) The requirements set forth in subdivisions (a) and (c) do not
apply to a person 13 years of age or older operating a motorboat,
sailboat, or vessel if the vessel is engaged in an emergency rescue
situation.
   (e) The following definitions govern the construction of this
section:
   (1) "Enclosed cabin" means a space on board a vessel that is
surrounded by bulkheads and covered by a roof.
   (2) "Operate a motorboat, sailboat, or vessel" means to be in
control or in charge of a motorboat, sailboat, or vessel while it is
underway.
   (3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
   (f) A violation of this section is an infraction punishable as
provided in subdivision (a) of Section 668.