BILL NUMBER: AB 2045 CHAPTERED 09/11/00 CHAPTER 396 FILED WITH SECRETARY OF STATE SEPTEMBER 11, 2000 APPROVED BY GOVERNOR SEPTEMBER 8, 2000 PASSED THE ASSEMBLY AUGUST 21, 2000 PASSED THE SENATE AUGUST 18, 2000 AMENDED IN SENATE JULY 5, 2000 AMENDED IN ASSEMBLY MAY 26, 2000 AMENDED IN ASSEMBLY APRIL 3, 2000 AMENDED IN ASSEMBLY MARCH 23, 2000 INTRODUCED BY Assembly Member Nakano FEBRUARY 18, 2000 An act to amend Sections 63.6, 668.1, and 668.2 of, and to add Section 668.3 to, the Harbors and Navigation Code, relating to boating. LEGISLATIVE COUNSEL'S DIGEST AB 2045, Nakano. Boating safety. (1) Existing law requires the Department of Boating and Waterways to make a biennial report to the Boating and Waterways Commission, the Legislature, and the Governor on the operations of the department. This bill would require the report to include an evaluation of the public participation in the personal watercraft education course developed by the department pursuant to the bill. (2) Existing law permits, and in some cases requires, any person convicted of specified offenses relating to the operation of vessels to be ordered by the court to complete and pass a boating safety course. This bill would require the Department of Boating and Waterways to approve boating safety courses for those purposes. The bill would make conforming changes. The bill also would require the department to develop a voluntary personal watercraft education course. The bill would require the course to be made available on the department's website, and would authorize the course to be made available in other formats, as determined by the department. (3) Existing law authorizes the department to grant funds from the Harbors and Watercraft Revolving Fund, which is available upon appropriation by the Legislature, for, among other things, scholarship funding relating to boating safety education and to finance the purchase of vessels and related safety equipment for use in boating safety education classes. This bill would also authorize the department to grant funds from that fund to provide voluntary personal watercraft education course materials developed by the department pursuant to the bill in those situations where the department determines the course would not otherwise be available to a significant number of personal watercraft operators. The bill would require the department to adopt regulations necessary to implement this provision. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 63.6 of the Harbors and Navigation Code is amended to read: 63.6. (a) (1) On or before January 15 of each odd-numbered year, the director shall make a report to the commission, the Legislature, and the Governor covering the operations of the department for the preceding biennium. (2) With respect to Article 5 (commencing with Section 76), the report shall include all of the following: (A) The total amount of loans made in each of the two fiscal years immediately preceding the preparation and submission of the report. (B) For each recipient of a loan during each of the two fiscal years immediately preceding the preparation and submission of the report, the recipient's name, the location of the marina for which the loan was made, and the amount of the loan. (C) The financial status of each loan. (D) Any legislative recommendations. (3) The report shall also include the status of the department's activities related to the monitoring of rates pursuant to Section 71.4 and subdivision (d) of Section 76.7. (4) The report shall also include an evaluation of the public participation in the personal watercraft education course developed by the department pursuant to subdivision (b) of Section 668.3 and a determination of the effect of the course on personal watercraft safety in California. (b) The department shall also make any special reports that are requested by the Secretary of Resources or the Governor. SEC. 2. 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 of this code, or of Section 655.2, 655.6, 658, or 658.5 of this code, or of Section 191.5 of the Penal Code, 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 pursuant to Section 668.3. (b) 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. (c) The department shall adopt regulations to carry out this section, including approval of boating safety education courses, as specified in Section 668.3, prescribing the forms for proof of completion and passage, approval of testing to indicate appropriate mastery of the course subject matter, and setting forth any fees to be charged to course participants, which fees shall not exceed the expenses associated with providing the course. SEC. 3. Section 668.2 of the Harbors and Navigation Code is amended to read: 668.2. The department may grant funds from the Harbors and Watercraft Revolving Fund to local public agencies, nonprofit organizations, and colleges and universities for scholarship funding relating to boating safety education, to finance the purchase of vessels and related safety equipment for use in boating safety education classes, and to provide voluntary personal watercraft education course materials developed by the department pursuant to subdivision (b) of Section 668.3 in those situations where the department determines the course would not otherwise be available to a significant number of personal watercraft operators. The department shall adopt regulations necessary to implement this section. SEC. 4. Section 668.3 is added to the Harbors and Navigation Code, to read: 668.3. (a) For the purposes of Section 668.1, the department shall approve boating safety courses that it determines provides the course taker with information that effectively educates the course taker 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. (b) The department shall develop a personal watercraft education course that provides the course taker with information that effectively educates the course taker as to the basic rules of California waterways, the proper and safe manner to operate personal watercraft, and actions that can be taken to avoid personal watercraft-related environmental pollution. The course shall be voluntary and shall be made available to groups, individuals, and clubs. The course shall be made available on the department's website and may be made available in other formats, as determined by the department. The department shall consult with the California State Sheriff's Association in developing the course and making it available on the Internet.