BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 638 Hearing Date: June 9,
2015
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|Author: |Frazier | | |
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|Version: |March 26, 2015 Amended |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Angee Doerr |
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Subject: Vessels: personal flotation devices.
BACKGROUND AND EXISTING LAW
Section 650 of the Harbors and Navigation Code (HNC) makes it
the policy of California to promote safety for individuals and
property while using or being carried in vessels within state
waters.
HNC section 658.3 specifies that no individual under the age of
13 shall be in a vessel less than 26 feet in length that is
underway unless they are wearing a United States Coast
Guard-approved personal flotation device, in accordance with the
manufacturer's instructions. This requirement does not apply to
children under the age of 13 if they are tethered to the vessel
or in an enclosed cabin.
For the purposes of HNC section 658.3:
(1) "Enclosed cabin" is defined as a space on board a vessel
that is surrounded by bulkheads and covered by a roof, and
(2) "Underway" refers to all times the motorboat, sailboat, or
vessel is afloat, aside from when it is anchored, moored, or
aground.
PROPOSED LAW
This bill would modify HNC section 658.3: Specifically, this
bill would:
(1) remove the restriction for boat length, so that an
individual cannot operate a motorboat, sailboat, or vessel
AB 638 (Frazier) Page 2
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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 while that motorboat, sailboat, or
vessel is underway, as specified, and
(2) redefine "enclosed cabin" to mean a space on board a vessel
that is surrounded by bulkheads or canvas, and covered by a
roof.
ARGUMENTS IN SUPPORT
The sponsor writes that "in the past, most vessels longer than
26 feet were "cabin-style" vessels, but today, many of the "go
fast" or "cigarette" boats exceed that length threshold. These
vessels can often reach speeds of 80 MPH or faster and generally
have open cabins."
"AB 638 recognizes that the law no longer accurately reflects
the reality, which is that boats capable of attaining high
speeds often exceed 26 feet in length. A child riding on such a
vessel when it is underway should wear a life jacket and the
bill addresses that deficiency."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Boat styles have changed. This bill is sponsored by the
California State Sheriff's Association and supported by
Recreational Boaters of California (RBOC). The bill is intended
to update the law to reflect current boat styles. Specifically,
many of the boats built for speed today are longer than 26 feet
in length and feature canvas enclosures rather than fiberglass
enclosures. In order to protect children on these larger "go
fast" boats, this bill will require them to wear personal
floatation devices when the boats are underway.
Technical correction. The proposed amendment corrects a
typographical error [Amendment 1].
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 3, line 8, replace "canvass" with "canvas"
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AMENDMENT 2
Subdivisions (e) and (f) should be redesignated as
subdivisions (f) and (g), respectively. A new subdivision
(e) should be added as follows:
"(e) Subdivision (a) does not apply to a person operating a
"passenger vessel," as defined in section 2101(22) of Title
46 United States Code, or a "small passenger vessel," as
defined in section 2101(35) of Title 46 United States Code.
SUPPORT
California State Sheriff's Association (sponsor)
Recreational Boaters of California
OPPOSITION
None Received
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