BILL NUMBER: SB 387 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Karnette
FEBRUARY 11, 1999
An act to amend Sections 668 and 668.1 of, to add and repeal
Sections 658.8 and 658.9 of, and to repeal, add, and repeal Section
658.6 of, the Harbors and Navigation Code, relating to boating.
LEGISLATIVE COUNSEL'S DIGEST
SB 387, as introduced, Karnette. Boating safety and education.
(1) 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 required the Director of Boating and
Waterways, by February 1, 1998, to appoint a Boating and Safety
Advisory Committee.
This bill would repeal those provisions. The bill would require
the department, by October 1, 2004, to report to the Legislature on,
among other things, its activities in connection with approving
boating safety and fair education courses, the experiences of boaters
in complying with the mandatory and voluntary boater safety and fair
requirements imposed by the bill, and the impact of boater safety
and fair education courses and certificates conducted and issued
pursuant to the bill on reducing boating-related accidents, injuries,
and fatalities.
The bill would require the department to approve boating and
safety and fair education courses that it determines to effectively
provide comprehensive information that adequately educates boaters as
to the basic rules of California waterways, the proper and safe
manner to operate recreational vessels, and actions that can be taken
to avoid boating-related environmental pollution. The bill also
would authorize the department to provide these courses.
The bill would require the department to develop procedures and
guidelines for the issuance of boating safety and fair education at
16 (B-SAFE @ 16) certificates to be issued by the department to
persons who meet specified qualifications.
Commencing January 1, 2001, the bill would prohibit persons who
reach the age of 16 years on prescribed dates from operating on the
waters of this state a vessel that is powered by a motor of greater
than 15 horsepower, unless that person has completed a boating safety
and fair education course that has been approved or provided by the
department. The bill would require any person who is required to
have completed a boating safety and fair education course pursuant to
the bill to show a certificate or valid receipt upon citation,
detention, or arrest to a law enforcement officer upon request or
show the document to a law enforcement officer within 30 days of that
request, as specified. A violation of these provisions would
constitute an infraction, punishable by a fine of not more than $100,
thereby imposing a state-mandated local program. The bill also
would authorize a court to order the person to complete and pass a
boating safety course approved by the department.
The bill would repeal the above-described provisions on January 1,
2006.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 658.6 of the Harbors and Navigation Code is
repealed.
658.6. (a) The department, by October 1, 1998, shall report to
the Legislature on its recommendations for enhancement and expansion
of boating safety and education. The recommendations shall consider
the findings and data in the department's annual California Boating
Accident Report and shall focus on strategies to improve
vessel-operator knowledge and boating safety. The department's study
shall include, but not be limited to, an examination of both
voluntary and mandatory education.
(b) In preparing the report required by subdivision (a), the
director, by February 1, 1998, shall appoint a Boating Safety
Advisory Committee which shall include, but not be limited to,
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. The committee shall meet and present recommendations to the
department by July 1, 1998. The members of the committee shall
serve without compensation and shall not be reimbursed by the state
for expenses. The department shall assist the committee in carrying
out its duties.
SEC. 2. Section 658.6 is added to the Harbors and Navigation Code,
to read:
658.6. (a) The department, by October 1, 2004, shall report to
the Legislature on all of the following:
(1) Its activities to approve boating safety and fair education
courses and provide boating safety and fair education at sixteen
(B-SAFE @ 16) certificates.
(2) The experiences of boaters in complying with the mandatory and
voluntary boater safety and fair education requirements of Sections
658.8 and 658.9.
(3) The impact, if any, of boater safety and fair education
courses, and certificates, on reducing boating-related accidents,
injuries, and fatalities.
(4) Any connection between boater safety and fair education
courses and certificates and changes in the number of occurrences of
boating-related accidents, injuries, and fatalities.
(b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 3. Section 658.8 is added to the Harbors and Navigation Code,
to read:
658.8. (a) Effective January 1, 2001, a person who was born on or
after January 1, 1985, and on or before December 31, 1985, may not
operate on the waters of this state a vessel that is powered by a
motor of greater than 15 horsepower, unless that person has completed
a boating safety and fair education course that has been provided,
or approved, by the department.
(b) Effective January 1, 2002, a person who was born on or after
January 1, 1986, and on or before December 31, 1986, may not operate
on the waters of this state a vessel that is powered by a motor of
greater than 15 horsepower, unless that person has completed a
boating safety and fair education course that has been provided, or
approved, by the department.
(c) Effective January 1, 2003, a person who was born on or after
January 1, 1987, and on or before December 31, 1987, may not operate
on the waters of this state a vessel that is powered by a motor of
greater than 15 horsepower, unless that person has completed a
boating safety and fair education course that has been provided, or
approved, by the department.
(d) Effective January 1, 2004, a person who was born on or after
January 1, 1988, and on or before December 31, 1988, may not operate
on the waters of this state a vessel that is powered by a motor of
greater than 15 horsepower, unless that person has completed a
boating safety and fair education course that has been provided, or
approved, by the department.
(e) Effective January 1, 2005, a person who was born on or after
January 1, 1989, and on or before December 31, 1989, may not operate
on the waters of this state a vessel that is powered by a motor of
greater than 15 horsepower, unless that person has completed a
boating safety and fair education course that has been provided, or
approved, by the department.
(f) This section does not apply to any person to whom any of the
following applies:
(1) The person holds a valid master's, mate's or operator's
license issued by the United States Coast Guard or issued by an
entity in another country that the department determines to be
equivalent to the United States Coast Guard license.
(2) The person operates a vessel only on a private lake or pond.
(3) The person is a nonresident who has in his or her possession
proof that he or she has completed a boating safety and fair
education course administered in another state or country that the
department determines to provide boating safety and fair education at
a level at least equivalent to the courses it has approved pursuant
to Section 658.9.
(4) The person is exempted by regulation of the department.
(5) The person is accompanied in the vessel by a person who is 18
years of age or older, who is present and supervising the operation
of the vessel, and who is either of the following:
(A) Exempt from the requirements of this section.
(B) Displays a boating safety and fair education at sixteen
(B-SAFE @ 16) certificate or valid receipt as described in
subdivision (f) of Section 658.9, upon citation, detention, or arrest
to a law enforcement officer upon request, or displays the document
to a law enforcement officer within 30 days, indicating that the
person had complied with the requirements of this section prior to
the date of the incident that is the basis for the citation,
detention, or arrest.
(6) The person holds a for-hire vessel operator's license issued
by the department.
(g) A person who violates this section is guilty of an infraction.
(h) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 4. Section 658.9 is added to the Harbors and Navigation Code,
to read:
658.9. (a) (1) The department shall approve boating safety and
fair education courses that it determines to effectively provide
comprehensive information that adequately educates boaters as to the
basic rules of California waterways, the proper and safe manner to
operate recreational vessels, and actions that can be taken to avoid
boating-related environmental pollution.
(2) The department may provide boating safety and fair education
courses.
(3) The department shall encourage, and approve, supplemental
components to boating safety and fair education courses that address
the safe operation of popular types of vessels, including, but not
limited to, personal watercraft, ski boats, and sailboats.
(4) The department shall ensure that boating safety and fair
education courses are available in each county of the state and shall
publicize the availability of courses to the recreational boating
public.
(b) The department shall develop procedures and guidelines for the
approval of boating safety and fair education courses and the
issuance of boating safety and fair education at sixteen (B-SAFE @
16) certificates, in accordance with the following schedule:
(1) By March 1, 2000, the department shall do all of the
following:
(A) Adopt guidelines for the approval of boating safety and fair
education courses.
(B) Approve the form and content of forms to be submitted by
individuals, or course providers on their behalf, to the department
to demonstrate completion of a department-approved boating safety and
fair education course.
(C) Approve the form and content of boating safety and fair
education at sixteen (B-SAFE @ 16) certificates to be issued by the
department to individuals who submit forms demonstrating completion
of a department-provided or department-approved boating safety and
fair education course.
(2) By April 1, 2000, the department shall begin to accept
applications for approval of boating safety and fair education
courses.
(3) By June 1, 2000, the department shall approve or disapprove
those course approval applications that were submitted to the
department by May 12, 2000.
(4) By July l, 2000, the department shall accept forms from
individuals who have completed boating safety and fair education
courses.
(5) By August 1, 2000, the department shall issue boating safety
and fair education at sixteen (B-SAFE @ 16) certificates to
individuals who have submitted valid course completion forms by July
10, 2000.
(c) Effective August l, 2000, the department shall issue boating
safety and fair education at sixteen (B-SAFE @ 16) certificates
within 21 business days of receipt of an approved form that has been
submitted to demonstrate completion of a department-provided or
department-approved boating safety and fair education course, that
the department determines accurately demonstrates course completion.
(d) By May 1, 2000, the department shall approve those existing
boating safety and fair education courses, including those provided
by the United States Power Squadron, the United States Coast Guard
Auxiliary, BOAT/U.S., boating and yachting clubs and organizations,
and others that the department determines to effectively provide
comprehensive information that adequately educates boaters as to the
basic rules of California waterways, the proper and safe manner to
operate recreational vessels, and actions that can be taken to avoid
boating-related environmental pollution.
(e) From August 1, 2000, to January 1, 2006, inclusive, the
department shall issue boating safety and fair education at sixteen
(B-SAFE @ 16) certificates to individuals to whom the requirements of
Section 658.8 do not apply and who complete boating safety and fair
education courses on a voluntary basis.
(f) A receipt signifying completion of a department-provided or
department-approved boating safety and fair education course that is
signed by the instructor of the course shall be a valid receipt and
sufficient proof of completion of a boating safety and fair education
course for a maximum of 60 days after completion of the course.
(g) A boating safety and fair education at sixteen (B-SAFE @ 16)
certificate shall be issued by the department at no cost and shall be
valid for the life of the certificate holder.
(h) A person who is required by Section 658.8 to have completed a
boating safety and fair education course shall show a boating safety
and fair education at sixteen (B-SAFE @ 16) certificate or valid
receipt as described in subdivision (f) upon citation, detention, or
arrest to a law enforcement officer upon request, or shall show the
document to a law enforcement officer within 30 days of that request,
indicating that the person had completed a department-provided or
department-approved boating safety and fair education course prior to
the date of the incident that is the basis for the citation,
detention, or arrest.
(i) A person who violates this section is guilty of an infraction.
(j) The department shall consult with the following persons and
groups in the fulfillment of the obligations imposed upon the
department by subdivisions (a) to (c), inclusive, including, but not
limited to, the boating safety and fair education at sixteen (B-SAFE
@ 16) certificates:
(1) Law enforcement officers.
(2) The United States Power Squadron.
(3) The United States Coast Guard Auxiliary.
(4) Boating, sailing, and yachting clubs and their organizations.
(5) Recreational Boaters of California.
(6) BOAT/U.S.
(7) The National Association of Boating Law Administrators.
(8) Boat dealers and yacht brokers.
(9) Private marinas.
(10) Providers of boating safety and fair education courses.
(k) This section shall remain in effect only until January l,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January l, 2006, deletes or extends that
date.
SEC. 5. Section 668 of the Harbors and Navigation Code is amended
to read:
668. (a) Any person who violates subdivision (c) of Section 652,
Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or
any regulations adopted pursuant thereto, or any regulation adopted
pursuant to Section 655.3 relating to vessel equipment requirements,
is guilty of an infraction, punishable by a fine of not more than two
hundred fifty dollars ($250).
(b) (1) Any person who violates Section 655.2 or any regulation
adopted pursuant thereto, or, except as provided in subdivision (a),
any regulation adopted pursuant to Section 655.3, is guilty of a
misdemeanor and shall be punished by a fine of not more than one
hundred dollars ($100) or imprisonment in the county jail for not
more than five days, or by both that fine and imprisonment, for each
violation.
(2) Any person who violates subdivision (a) or (b) of Section 658
is guilty of a misdemeanor and shall be punished by a fine of not
more than two hundred dollars ($200) for each violation.
(3) Any person who violates subdivision (d) of Section 652,
Section 652.5, subdivision (a) of Section 655, Section 655.05, 656,
or 656.1, subdivision (d) or (e) of Section 658, Section 663.6 or
665, or any rules and regulations adopted pursuant to subdivision (b)
or (c) of Section 660, is guilty of a misdemeanor and shall be
punished by a fine of not more than one thousand dollars ($1,000) or
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment, for each violation.
(c) Any person convicted of a violation of Section 656.2 or 656.3
shall be punished by a fine of not more than ten thousand dollars
($10,000) or imprisonment in the state prison or in the county jail
for not more than one year, or by both that fine and imprisonment.
(d) Any person convicted of a violation of Section 658.5 shall be
punished by a fine of not more than one hundred dollars ($100).
(e) Any person convicted of a first violation of subdivision (b),
(c), (d), or (e) of Section 655, or of a violation of Section 655.4,
shall be punished by a fine of not more than one thousand dollars
($1,000) or imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment. If probation is
granted, the court, as a condition of probation, may require the
person to participate in, and successfully complete, an alcohol or
drug education, training, or treatment program, in addition to
imposing any penalties required by this code. In order to enable all
persons to participate in licensed programs, every person referred
to a program licensed pursuant to Section 11836 of the Health and
Safety Code shall pay that program's costs commensurate with that
person's ability to pay as determined by Section 11837.4 of the
Health and Safety Code.
(f) Any person convicted of a second or subsequent violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of the first conviction of any of those subdivisions or subdivision
(f) of Section 655, or any person convicted of a violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of a separate conviction of Section 191.5 or subdivision (c) of
Section 192.5 of the Penal Code, when the separate conviction
resulted from the operation of a vessel, or a separate conviction of
Section 23152 or 23153 of the Vehicle Code or of Section 191.5 or
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
when the separate conviction resulted from the operation of a motor
vehicle, shall be punished by a fine of not more than one thousand
dollars ($1,000) or imprisonment in the county jail for not more than
one year, or by both that fine and imprisonment. If probation is
granted, the court, as a condition of probation, may require the
person to do either of the following, if available in the county of
the person's residence or employment:
(1) Participate, for at least 18 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, as
designated by the court. In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.
(2) Participate, for at least 30 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code. A
person ordered to treatment pursuant to this paragraph shall apply to
the court or to a board of review, as designated by the court, at
the conclusion of the program to obtain the court's order of
satisfaction. Only upon the granting of that order of satisfaction
by the court may the program issue its certificate of successful
completion. A failure to obtain an order of satisfaction at the
conclusion of the program is a violation of probation. In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this paragraph is a
basis for reducing any other probation requirement.
(g) Any person convicted of a violation of subdivision (f) of
Section 655 shall be punished by imprisonment in the state prison, or
in the county jail for not less than 90 days or more than one year,
and by a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000). If probation is granted,
the court, as a condition of probation, may require the person to
participate in, and successfully complete, a program licensed
pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code, if available in the
person's county of residence or employment, as designated by the
court. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code.
(h) (1) If any person is convicted of a violation of subdivision
(f) of Section 655 within seven years of a separate conviction of a
violation of subdivision (b), (c), (d), or (e) of Section 655 and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than
five days or more than one year and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000).
(2) If any person is convicted of a violation of subdivision (f)
of Section 655 within seven years of a separate conviction of a
violation of subdivision (f) of Section 655, of Section 191.5 or
subdivision (c) of Section 192.5 of the Penal Code, when the prior
conviction resulted from the operation of a vessel, or Section 23152
or 23153 of the Vehicle Code or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, when the separate
conviction resulted from the operation of a motor vehicle, and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than 90
days or more than one year, and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000), and the court, as a condition of probation, may order that
the person participate in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, if
available in the county of the person's residence or employment. In
order to enable all required persons to participate, each person
shall pay the program costs commensurate with the person's ability to
pay as determined pursuant to Section 11837.4 of the Health and
Safety Code.
(i) The court shall not absolve a person who is convicted of a
violation of subdivision (f) of Section 655 within seven years of a
separate conviction of a violation of subdivision (b), (c), (d), (e),
or (f) of Section 655, of Section 191.5 or subdivision (c) of
Section 192.5 of the Penal Code, when the separate conviction
resulted from the operation of a vessel, or Section 23152 or 23153 of
the Vehicle Code or Section 191.5 or paragraph (3) of subdivision
(c) of Section 192 of the Penal Code, when the separate conviction
resulted from the operation of a motor vehicle, from the minimum time
in confinement provided in this section and a fine of at least two
hundred fifty dollars ($250), except as provided in subdivision
(h) (j) .
(j) Except in unusual cases where the interests of justice demand
an exception, the court shall not strike a separate conviction of an
offense under subdivision (b), (c), (d), (e), or (f) of Section 655
or of Section 191.5 or subdivision (c) of Section 192.5 of the Penal
Code, when the prior conviction resulted from the operation of a
vessel, or Section 23152 or 23153 of the Vehicle Code or Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, when the separate conviction resulted from the operation of a
motor vehicle, for purposes of sentencing in order to avoid imposing,
as part of the sentence or as a term of probation, the minimum time
in confinement and the minimum fine, as provided in this section.
When a separate conviction is stricken by the court for purposes of
sentencing, the court shall specify the reason or reasons for the
striking order. On appeal by the people from an order striking a
separate conviction, it shall be conclusively presumed that the order
was made only for the reasons specified in the order, and the order
shall be reversed if there is no substantial basis in the record for
any of those reasons.
(k) Any person convicted of a violation of Section 658.8 or
subdivision (h) of Section 658.9 on or before December 31, 2005,
shall be punished by a fine of not more than one hundred dollars
($100).
SEC. 6. 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, may be ordered by the court to
complete and pass a boating safety course approved by the department.
(c) Any person convicted of a violation 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 operation of a vessel within seven
years of a previous conviction of any of those violations, shall be
ordered by the court to complete and pass a boating safety course
approved by the department.
(d) 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.
(e) 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.
(f) Any person convicted of a violation of Section 658.5 or
subdivision (h) of Section 658.9 on or before December 31, 2005, may
be ordered by the court to complete and pass a boating safety course
approved by the department.
SEC. 7. 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.