BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 638


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          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