BILL NUMBER: AB 1287 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY SEPTEMBER 7, 1999
PASSED THE SENATE SEPTEMBER 3, 1999
AMENDED IN SENATE JULY 6, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
AMENDED IN ASSEMBLY MAY 6, 1999
AMENDED IN ASSEMBLY APRIL 7, 1999
INTRODUCED BY Assembly Member Davis
FEBRUARY 26, 1999
An act to amend Sections 658.3 and 668.1 of, and to repeal, add,
and repeal Section 658.6 of, the Harbors and Navigation Code,
relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
AB 1287, Davis. Operation of vessels: boating safety courses.
(1) Existing law prohibits a person from operating a motorboat,
sailboat, or vessel that is 26 feet or less in length unless every
person who is 6 years of age or younger is wearing a type I, II, or
III Coast Guard-approved personal flotation device, or unless the
person is operating a sailboat on which the person who is 6 years of
age or younger is restrained, as provided, or the person is operating
a vessel on which the person who is 6 years of age or younger is in
an enclosed cabin.
This bill would make those requirements that currently apply to a
person who is 6 years of age or younger, instead, apply to a person
who is 11 years of age or younger, and would require the flotation
device to be a type I, II, III, or V Coast Guard-approved personal
flotation device. The bill would also require any person aboard a
personal watercraft or any person being towed behind a vessel on
water skis, an aquaplane, or similar device to wear a type I, II,
III, or V Coast Guard-approved personal flotation device, except as
provided. Because other existing law makes a violation of these
requirements a crime, the bill would impose a state-mandated local
program.
(2) Under existing law, the Department of Boating and Waterways
was required to report to the Legislature, by October 1, 1998, on its
recommendations for enhancement and expansion of boating safety and
education. Existing law requires the Director of Boating and
Waterways, by February 1, 1998, to have appointed a Boating and
Safety Advisory Committee.
This bill would repeal those provisions. The bill would require
the department, on or before December 31, 2000, to develop and make
available to all interested parties, a model educational course for
the instruction of recreational boaters in safe boating principles
and regulations. The bill would require the director to appoint a
Boating Safety Advisory Committee on or before February 1, 2000, to
advise the director in the development of the model program. The
bill would require the department to develop written tests, on or
before January 1, 2002, to test persons on their knowledge and
understanding of the model educational course and would provide for
the issuance of a class A or B certificate, as provided, to all
persons who successfully pass the tests.
The bill would provide that beginning September 1, 2002, no person
under the age of 21, except as specified, may operate a vessel
powered by a motor of greater than 15 horsepower upon the waters of
the state unless the person has successfully passed the test and has
a valid certificate, as provided. The bill would make that
prohibition applicable to persons under the age of 31 beginning June
1, 2003, to persons under the age of 41 beginning June 1, 2004, and
to all persons born on or after January 1, 1960, beginning June 1,
2005. The bill would make any person who violates those provisions
guilty of an infraction, thereby imposing a state-mandated local
program. The bill would require the department to conduct a study to
determine the effect of the program.
These provisions would be repealed on January 1, 2011.
(3) Existing law provides that any person convicted of specified
provisions of existing law governing the operation of vessels may be
ordered by the court to complete and pass a boating safety course
approved by the department, when the conviction resulted from the
unlawful operation of a vessel.
This bill would require, rather than permit, the person to be
ordered by the court to complete and pass the course.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
California Boating Safety Act of 1999.
SEC. 2. Section 658.3 of the Harbors and Navigation Code is
amended to read:
658.3. (a) No person shall operate a motorboat, sailboat, or
vessel that is 26 feet or less in length unless every person on board
who is 11 years of age or less is wearing a type I, II, III, or V
Coast Guard-approved personal flotation device while that motorboat,
sailboat, or vessel is underway.
(b) Subdivision (a) does not apply to a person operating a
sailboat on which a person who is 11 years of age or less is
restrained by a harness tethered to the vessel, or to a person
operating a vessel on which a person who is 11 years of age or less
is in an enclosed cabin.
(c) Any person on board a personal watercraft or any person being
towed behind a vessel on water skis, an aquaplane, or similar device
shall wear a type I, II, III, or V Coast Guard-approved personal
flotation device, unless that person is described in paragraph (1),
(2), or (3) of subdivision (c) of Section 658.5.
(d) Subdivision (a) and (c) do not apply to a person operating a
motorboat, sailboat, or vessel if the operator is reacting to an
emergency rescue situation.
(e) The following definitions govern the construction of this
section:
(1) "Enclosed cabin" means a space on board a vessel that is
surrounded by bulkheads and covered by a roof.
(2) "Operate a motorboat, sailboat, or vessel" means to be in
control or in charge of a motorboat, sailboat, or vessel while it is
underway.
(3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
(f) A violation of this section is an infraction punishable as
provided in subdivision (a) of Section 668.
SEC. 3. Section 658.6 of the Harbors and Navigation Code is
repealed.
SEC. 4. Section 658.6 is added to the Harbors and Navigation Code,
to read:
658.6. (a) On or before December 31, 2000, the department shall
develop and make available to all interested parties a model
educational course in safe boating principles and regulations.
Except as otherwise provided by law, no person shall be required to
take the course. The model educational course shall not be designed
or intended to instruct participants on how to operate any particular
type of boat, but rather shall be designed to instruct participants
on safe boating principles and laws that apply to all boaters. In
addition, the model educational course shall include actions that can
be taken to avoid boating-related environmental pollution. To the
greatest degree practicable, the model educational course shall be
designed to ensure reciprocity with similar programs in other states.
To advise the director in development of the model educational
course, the director, on or before February 1, 2000, shall appoint a
Boating Safety Advisory Committee, which shall include, but need not
be limited to, boat owners; representatives of the Boating and
Waterways Commission; boating law enforcement agencies; the United
States Power Squadron; the United States Coast Guard Auxiliary;
entities that provide boating education courses; personal watercraft
organizations; boat dealers and yacht brokers; boating, sailing, and
yachting organizations; owners and operators of public and private
marina facilities; boat rental operators; lifeguards and
harbormasters; and boating accident victims.
(b) On or before January 1, 2002, the department shall develop
written tests to test persons on their knowledge and understanding
of the model educational course described in subdivision (a). The
test for the class B certificate shall be an abbreviated version of
the test for the class A certificate. The department shall determine
an appropriate passing grade for the tests. A wallet-sized
certificate shall be issued to any person who successfully passes a
test. Testing under this section may be administered by any person
who is 18 years of age or older and who is specifically designated by
the department including, but not necessarily limited to, a rental
agent, boat dealer, yacht club official, yacht broker, marina
operator, the United States Coast Guard Auxiliary, the United States
Power Squadron, a boating law enforcement agency, or a marine dealer.
A person authorized to administer testing under this section shall
keep adequate records, as specified by the department, which the
department may inspect at any time to ensure compliance. The
department may revoke the right to administer tests for good cause.
There shall be no less than one location available for testing in
each county, except as provided for in regulations adopted by the
department based on the difficulty of developing a testing location
in sparsely populated counties. Testing locations shall be
designated in a manner intended to make them as convenient as
possible to the maximum number of persons. Two classes of
certificates shall be issued as follows:
(1) A class A certificate shall be primarily intended for a
resident of the state or a regular visitor, but shall be available to
any person. A class A certificate shall be issued by the department
and shall be valid for the life of the recipient on any waterway
within the state. The department shall develop a statewide database,
accessible to law enforcement officers, of persons who successfully
pass a test and who have been issued a class A certificate.
(2) A class B certificate shall be primarily intended for a boat
renter or short-term visitor, but shall be available to any person.
A class B certificate may be issued by any person who is 18 years of
age or older and who is specifically designated by the department. A
class B certificate shall be valid for no more than 14 consecutive
days and shall allow for operation only of vessels specified, and
only upon waters designated, on the certificate.
(c) On or before January 1, 2002, the department shall devise a
system to determine the boater educational programs accepted under
mandatory boater education programs in other states that meet
standards substantially equivalent to the requirements of
subdivisions (a) and (b) and shall maintain an updated public data
base thereof.
(d) (1) Except as provided in paragraph (5), commencing September
1, 2002, no person under the age of 21 may operate a vessel powered
by a motor of greater than 15 horsepower upon the waters of the
state, unless that person has successfully passed the test referenced
in subdivision (b) and has, upon that person, or aboard the vessel
being operated, a valid certificate as specified in subdivision (b).
(2) Commencing June 1, 2003, paragraph (1) shall apply to any
person under the age of 31.
(3) Commencing June 1, 2004, paragraph (1) shall apply to any
person under the age of 41.
(4) Commencing June 1, 2005, paragraph (1) shall apply to all
persons born on or after January 1, 1960.
(5) This subdivision does not apply to any person who is not a
resident of California if that person has met the requirements of a
boater safety education program listed by the department pursuant to
subdivision (c) and has proof of meeting that requirement in the
form required by the state of issuance.
(6) This subdivision does not apply to any person who holds a
valid master's, mate's, or operator's license issued by the United
States Coast Guard or to any person exempted by regulation of the
department or to any person who holds a for-hire vessel operator
license issued by the department, as long as the person has evidence
thereof in a manner prescribed by the department aboard the vessel
being operated. Any person so qualified may request and be issued a
class A certificate at the normal cost without the need to submit to
the testing and may display this certificate as evidence of
compliance.
(7) This subdivision does not apply to any person engaged in an
organized regatta, vessel race, or water ski race.
(e) Any person who violates subdivision (d) is guilty of an
infraction punishable by a fine of not more than fifty dollars ($50)
and shall be required to take a course, approved by the department,
that meets the curriculum requirements of subdivision (b).
(f) The department may establish the cost to issue a certificate
pursuant to subdivision (b) and may recover that cost from any person
who is issued a certificate. The cost for issuance of a certificate
shall be no more than the cost, on a prorated basis, to implement
the requirements of this section, not to exceed ten dollars ($10).
However, the amount recovered from any person who is issued a
certificate that covers the cost for issuance of the certificate may
be adjusted annually, commencing January 1, 2001, in an amount no
greater than required to implement the requirements of this section
and not to exceed changes in the consumer price index. This amount
may exceed ten dollars ($10) upon the adjustment.
(g) The department shall adopt regulations to implement this
section.
(h) Commencing January 1, 2003, the department shall include
within its annual California Boating Safety Report an update on the
progress of this program and its impact on boating safety. In
addition, the department shall conduct a study to determine the
effect of the program on boating safety and on the boating-related
economy. The boating safety portion of the study shall evaluate
boating accident statistics in all the categories currently tracked
and published in the department's annual California Boating Safety
Report throughout the study period. The economic analysis portion of
the study shall determine the impact of boating on the California
economy and evaluate the effect of this program on that economic
sector over the study period. The study shall include, for both
sections of the study, an analysis of changes in statistical trends
to determine the impact of the program. The study period shall
commence on September 1, 2002, and conclude on August 31, 2009.
Notwithstanding Section 7550.5 of the Government Code, the report
shall be completed and submitted to the Legislature and the Secretary
of the Resources Agency no later than December 31, 2009.
(i) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 5. Section 668.1 of the Harbors and Navigation Code is
amended to read:
668.1. (a) Any person convicted of a violation of subdivision
(b), (c), (d), (e), or (f) of Section 655 pertaining to a
mechanically propelled vessel but not to manipulating any water skis,
an aquaplane, or similar device, when the conviction resulted from
the operation of a vessel, shall be ordered by the court to complete
and pass a boating safety course approved by the department.
(b) Any person convicted of a violation of subdivision (a) of
Section 655 or of Section 655.2, 655.6, 658, or 658.5 of this code,
or Section 191.5 of the Penal Code, when the conviction resulted from
the unlawful operation of a vessel, shall be ordered by the court to
complete and pass a boating safety course approved by the
department.
(c) Any person who has been ordered by the court to complete and
pass a boating safety course pursuant to this section shall submit to
the court proof of completion and passage of the course within seven
months of the time of his or her conviction. The proof shall be in
a form that has been approved by the department and that provides for
the ability to submit the form to the court through the United
States Postal Service. If the person who has been required to
complete and pass a boating safety course is under 18 years of age,
the court may require that the person obtain parental consent to
enroll in the course. If the person does not complete and pass the
boating safety course, the court may extend the period for completion
or impose another penalty as prescribed by statute.
(d) The department shall adopt regulations to carry out this
section, including approval of boating safety education courses,
prescribing the forms for proof of completion and passage, and
setting forth any fees to be charged to course participants, which
fees shall not exceed the expenses associated with providing the
course.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.