SB 1162 Senate Bill - Bill Analysis

BILL ANALYSIS �

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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 1162 HEARING DATE: April 22, 2014

AUTHOR: Berryhill URGENCY: No
VERSION: April 7, 2014 CONSULTANT: Toni Lee
DUAL REFERRAL: No FISCAL: No
SUBJECT: Vessels: violations.

BACKGROUND AND EXISTING LAW
Existing law defines a misdemeanor as a crime punishable, at the
discretion of the court, by a maximum of 6 months in a county
jail, a maximum fine of $1,000, or a combination of both (Penal
Code (PEN) �19). Misdemeanors are crimes that are more serious
than petty crimes, but less serious than felony offenses.

Existing law defines an infraction as a violation not punishable
by a maximum fine of $100 for Vehicle Code (VEH) violations (VEH
�42001) or $250 for other violations (PEN �19.8). Infractions
are crimes that are considered even less severe than
misdemeanors (e.g. certain traffic violations).

Existing law in the Harbors and Navigation Code (HNC) also
identifies several boating violations punishable as a
misdemeanor:

1)Mooring a vessel to a buoy or beacon placed by an authority in
the navigable waters of the state (HNC �307).
Maximum penalty: $1,000 fine and/or 6 months of jail
time.
Beacons are permanently fixed aids to navigation
structures ranging from lighthouses to small, single-pile
structures located on land or in the water. The U.S.
Coast Guard advises against approaching beacons due to
the danger of collision with rip rap, structure
foundation, or the obstruction/danger that the beacon
marks. In the 2012 "California Recreational Boating
Accident Statistics" report, the Division of Boating and
Waterways (DBW) reported two fatalities due to collision
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with a fixed object.
Buoys are floating aids moored to the seabed by
concrete sinkers. Mooring a vessel to such buoys may
interfere with the collection of scientific data or other
crucial buoy functions.

1)Violating the "blue light law" through failing to provide a
clear course for a law enforcement vessel (HNC �652.5(d)).
Maximum penalty: $1,000 fine and/or 6 months of jail
time.

1)Owning, operating, commanding, or permitting the use of a
vessel at a speed over five miles per hour within 100 feet of
a swimmer (HNC �655.2(a)(1)).
Maximum penalty: $100 fine and/or 5 days of jail
time
In 2012, DBW reported 9 accidents where individuals
were struck by a vessel.
1)Owning, operating, commanding, or permitting the use of a
vessel at a speed over five miles per hour within 200 feet of
an occupied beach, swimming float, diving platform, lifeline,
or way or landing float used to fast a boat (HNC
�655.2(a)(2)).
Maximum penalty: $100 fine and/or 5 days of jail
time.

1)Operating a vessel towing a person on water skis without a
person of at least 12 years of age on board in addition to the
operator to monitor the progress of the persons being towed
(HNC �658(a)).
Maximum penalty: $200 fine.
In a 2007 report, DBW reported 105 accidents
involving water skiing resulting in 96 injuries and seven
fatalities.
One of the most common causes of water skiing
accidents involves operators watching skiers instead of
relying on other observers, resulting in collisions with
other vessels or the shoreline.

1)Operating a vessel towing a person on water skis at night (HNC
�658(b)).
Maximum penalty: $200 fine.

1)Violating United States Coast Guard Navigation Rule 20
relating to navigation lights, which describes time frames and
conditions during which vessel operators must comply with
regulations on lighting (14 CCR �6600.1).
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Maximum penalty: $100 fine and/or 5 days of jail
time.
From 2008-2012, DBW has annually reported three or
four incidents directly caused by the lack of or improper
boating lights.

1)Improperly shielding floodlights or headlights that may
interfere with proper navigation of approaching vessels (14
CCR �6695(b)).
Maximum penalty: $100 fine and/or 5 days of jail
time.

1)Performing certain reckless or negligent acts including riding
on the bow, gunwale, or transom of a moving vessel that lacks
deterrents to falling overboard (14 CCR �6697(a)).
Maximum penalty: $1,000 fine and/or 6 months of jail
time.
The transom is the surface that forms the stern of a
boat and serves as a mount for outboard motors on certain
smaller vessels.
The gunwale of a vessel is the top edge of the side
of a boat, while the bow is the front part of the hull.
In 2012 and 2003, DBW respectively reported five and
seven (two fatalities) accidents caused by standing or
sitting on the gunwale, bow, or transom of a vessel.

According to the National Conference of State Legislatures,
violations of boating laws in most states surveyed are
punishable as criminal misdemeanors. The consequences vary
greatly by state, punishing violators with jail time of 30 days
to a year and/or fines ranging from $10 to $6,000. Some states
treat violations of boating laws as civil penalties punishable
with a fine.

In California, penalty assessments are levied on fines to fund
enforcement activities such as courthouse construction,
emergency medical response, and fingerprinting services. Current
penalty assessments for the pertinent boating violations are
approximately 310% of the fine plus a flat fee of $79. (PEN
�1464 et seq, Government Code (GOV) �70372 et seq., �76000 et
seq., �76104.6 et seq.). Thus, application of penalty
assessments raises a $100 fine to $400 and a $250 fine to
$1,000. Most other states surveyed by the NCSL do not have
penalty assessments.

PROPOSED LAW
This bill would:
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1.Reclassify all of the violations listed in the existing law
section as infractions rather than misdemeanors. This
reclassification would remove any jail time from the
punishment.
2.Reduce the maximum fines to:
a. $200 for water skiing violations.
b. $250 for reckless or negligent acts on a
moving vessel.
c. $100 for all other listed crimes.

ARGUMENTS IN SUPPORT
The California State Sheriff's Association (CSSA) believes these
crimes "do not rise to the level of misdemeanor criminality and
enforcing them as such saps existing resources of law
enforcement, prosecutors, and courts." CSSA also contends that
classifying these offenses as misdemeanors results in peace
officers having to write reports and send cases to the local
district attorney's office for filing. Persons accused of
misdemeanors have the right to demand a jury trial. They state
that, "Because of the undue penalties, often these offenses
result in the officer stopping short of citation or the district
attorney declining to prosecute a case that is filed with his or
her office."

ARGUMENTS IN OPPOSITION
None Received

COMMENTS
1.The proposed reclassification dramatically reduces the maximum
fines for certain crimes. However, after application of
penalty assessments and other fees, the final amounts paid are
comparable to fines in several other states. The potential to
issue more citations rather than warnings may increase
revenue. Given the lack of extensive data, the appropriate
balance between the issuance of warnings and/or citations and
fee revenue to the state remains unclear. The effectiveness of
the balance proposed in this bill would only become apparent
after an initial implementation period.

2.In issuing warnings rather than citations, law enforcement
officers already exercise some discretion in enforcing such
violations. Existing law only defines maximum, not minimum,
fines and jail time, allowing law enforcement officers to
issue fines as they see fit. However, current law only allows
officers to cite violations of the above boating laws as
misdemeanor offenses. This has the effect of addressing only
exceptionally serious offenses with a misdemeanor or the most
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minor of offenses with a warning. Removing the ability to
address the most serious offenses through issuing misdemeanor
citations may diminish the ability of officers to address
egregious violations.

3.Data on boating violations is collected at the county level.
In three surveyed counties, at least 90% of boating violation
cases pertinent to this discussion resulted in warnings:
Los Angeles: One citation was filed in the
past 28 months for speeding in a no-wake zone. The
defendant was also drinking and boating with open
containers, which may have led to the issuance of the
citation.
Contra Costa: In 2013, there were 252
warnings, 26 citations, and 3 arrests.
El Dorado: From 2012-2013, there were 432
warnings and 19 citations for negligent operations
(water skiing and gunwale riding). There were 110
warnings and 7 citations for reckless operations
(violating the no-wake law near swimmers).

1.Because few citations are issued, limited data exists
concerning effects on prosecutors and courts. The California
District Attorneys Association maintains a neutral position on
the bill.

SUPPORT
California State Sheriffs' Association (Sponsor)

OPPOSITION
None Received