BILL ANALYSIS Ó AB 638 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 638 (Frazier) As Amended June 16, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |76-0 |(April 16, |SENATE: |37-0 |(June 22, 2015) | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 Page 2 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 Page 3 Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0001003