BILL ANALYSIS Ó
AB 638
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
638 (Frazier)
As Amended June 16, 2015
Majority vote
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|ASSEMBLY: |76-0 |(April 16, |SENATE: |37-0 |(June 22, 2015) |
| | |2015) | | | |
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Original Committee Reference: TRANS.
SUMMARY: Prohibits a person from operating a motorboat,
sailboat, or vessel of any length unless every person on board
under the age of 13 is wearing a personal flotation device (PFD)
while the vessel is underway.
The Senate amendments exempt passenger vessels and small
passenger vessels, as defined in federal law, from this
prohibition.
AS PASSED BY THE ASSEMBLY, this bill:
1)Prohibited a person from operating any motorboat, sailboat, or
vessel unless every person on board under the age of 13 is
wearing a United States Coast Guard-approved PFD.
AB 638
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2)Changed the definition of "enclosed cabin" to mean a space on
board a vessel that is surrounded by bulkheads or canvas.
FISCAL EFFECT: None
COMMENTS: Under existing law, any child under 13 is required to
wear a PFD while on a vessel under 26 feet in length that is
operating on waters under state jurisdiction, unless the child
is in an enclosed cabin or is on a sailboat and restrained by a
harness that is tethered to the boat. This bill is applicable
to recreational boaters operating vessels for non-commercial
purposes. It does not apply to things like ferries and other
commercial boats.
This bill requires children under 13 to wear a PFD on
recreational vessels of any length. According to the author and
sponsor, in the past most vessels longer than 26 feet were
cabin-style vessels, but today, many of the popular "go fast" or
cigarette boats, which generally have open cabins, exceed 26
feet. These vessels can reach speeds of 80 miles per hour or
faster. While statute requires PFDs to be readily available on
board all vessels for all passengers, in the event of an
accident there is often little time for occupants to put them
on, especially in an accident at a high rate of speed.
Writing in support of this bill, the sponsor, the California
State Sheriffs' Association, states: "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 this bill addresses that
deficiency. This is a modest expansion of current law that will
protect children in a meaningful and quantifiable way."
There is no opposition on file.
AB 638
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Analysis Prepared by:
Janet Dawson / TRANS. / (916) 319-2093 FN:
0001003