BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 638|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 638
Author: Frazier (D)
Amended: 6/16/15 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/9/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
ASSEMBLY FLOOR: 76-0, 4/16/15 - See last page for vote
SUBJECT: Vessels: personal flotation devices
SOURCE: California State Sheriffs Association
DIGEST: This bill amends the Harbor and Navigation Code (HNC)
Section 658.3 to increase the requirement that children under
the age of 13 wear a United States Coast Guard-approved personal
flotation device under certain circumstances.
ANALYSIS: Existing federal law provides standard definitions
for a "passenger vessel" (United States Code Title 46, Section
2101(22)) and a "small passenger vessel" (United States Code
Title 46, Section 2101(35)).
Existing state law:
1)Promotes safety for individuals and property while using or
being carried in vessels within state waters (HNC Section
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650).
2)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 (HNC Section 658.3).
3)Defines (HNC Section 658.3):
"Enclosed cabin" as a space on board a vessel that is
surrounded by bulkheads and covered by a roof, and
"Underway" as all times the motorboat, sailboat, or
vessel is afloat, unless it is anchored, moored, or
aground.
This bill modifies HNC Section 658.3. Specifically, this bill:
1)Removes the restriction on boat length, so that an individual
cannot operate a motorboat, sailboat, or vessel of any 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 while that motorboat,
sailboat, or vessel is underway, as specified.
2)Redefines "enclosed cabin" to mean a space on board a vessel
that is surrounded by bulkheads or canvas, and covered by a
roof.
3)Provides for a number of exemptions from the personal
floatation device requirement, including children aboard
passenger vessels, small passenger vessels, and children who
are tethered to the vessel.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/16/15)
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California State Sheriff's Association (source)
Recreational Boaters of California
OPPOSITION: (Verified6/16/15)
None received
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."
ASSEMBLY FLOOR: 76-0, 4/16/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, O'Donnell, Perea, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Obernolte, Olsen, Patterson, Quirk
Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116
6/18/15 15:34:31
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