BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1162|
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THIRD READING
Bill No: SB 1162
Author: Berryhill (R)
Amended: 4/7/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 7-0, 4/22/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Lara, Monning
NO VOTE RECORDED: Jackson, Wolk
SUBJECT : Vessels: violations
SOURCE : California State Sheriffs Association
DIGEST : This bill reclassifies all of the violations listed
in the existing law section as infractions rather than
misdemeanors. This reclassification removes any jail time from
the punishment.
ANALYSIS : Existing law:
1.Defines a misdemeanor as a crime punishable, at the discretion
of the court, by a maximum of six months in a county jail, a
maximum fine of $1,000, or a combination of both.
Misdemeanors are crimes that are more serious than petty
crimes, but less serious than felony offenses.
2.Defines an infraction as a violation not punishable by a
maximum fine of $100 for Vehicle Code violations or $250 for
other violations. Infractions are crimes that are considered
even less severe than misdemeanors (e.g. certain traffic
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violations).
3.Identifies, in the Harbors and Navigation Code several boating
violations punishable as a misdemeanor:
A. Mooring a vessel to a buoy or beacon placed by an
authority in the navigable waters of the state.
Maximum penalty: $1,000 fine and/or six 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
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.
A. Violating the "blue light law" through failing to
provide a clear course for a law enforcement vessel.
Maximum penalty: $1,000 fine and/or six months of
jail time.
A. Owning, operating, commanding, or permitting the use of
a vessel at a speed over five miles per hour within 100
feet of a swimmer.
Maximum penalty: $100 fine and/or five days of jail
time.
In 2012, DBW reported nine accidents where
individuals were struck by a vessel.
A. Owning, operating, commanding, or permitting the use of
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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.
Maximum penalty: $100 fine and/or five days of jail
time.
A. 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.
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.
A. Operating a vessel towing a person on water skis at
night.
Maximum penalty: $200 fine.
A. 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.
Maximum penalty: $100 fine and/or five 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.
A. Improperly shielding floodlights or headlights that may
interfere with proper navigation of approaching vessels.
Maximum penalty: $100 fine and/or five days of jail
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time.
A. Performing certain reckless or negligent acts including
riding on the bow, gunwale, or transom of a moving vessel
that lacks deterrents to falling overboard.
Maximum penalty: $1,000 fine and/or six 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.
This bill:
1. Reclassifies all of the violations listed in the
existing law section as infractions rather than
misdemeanors. This reclassification removes any jail time
from the punishment.
2. Reduces the maximum fines to:
$200 for water skiing violations.
$250 for reckless or negligent acts on a moving
vessel.
$100 for all other listed crimes.
Background
According to the National Conference of State Legislatures
(NCSL), 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.
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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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/23/14)
California State Sheriffs' Association (source)
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."
RM:nl 4/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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