Existing law regulates the safe operation of various types of vessels navigating the states ports and harbors. Existing law prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board who is under 13 years of age is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except, among other circumstances, if the person under 13 years of age is in an enclosed cabin. Existing law, for purposes of those provisions, defines enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads and covered by a roof.

This bill would make that prohibition applicable to a person operating a motorboat, sailboat, or vessel of any length, but would exempt from that prohibition a person operating a passenger vessel or small passenger vessel, as defined. The bill would revise the definition of enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.

Existing law regulates the safe operation of various types of vessels navigating the states ports and harbors. Existing law prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board who is under 13 years of age is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except, among other circumstances, if the person under 13 years of age is in an enclosed cabin. Existing law, for purposes of those provisions, defines enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads and covered by a roof.

This bill would make that prohibition applicable to a person operating a motorboat, sailboat, or vessel of any length, but would exempt from that prohibition a person operating a passenger vessel or small passenger vessel, as defined. The bill would revise the definition of enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.

Existing law regulates the safe operation of various types of vessels navigating the states ports and harbors. Existing law prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board who is under 13 years of age or less is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except, among other circumstances, if the person under 13 years of age is in an enclosed cabin. Existing law, for purposes of those provisions, defines enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads and covered by a roof.

This bill would make that prohibition applicable to a person operating a motorboat, sailboat, or vessel of any length. length, but would exempt from that prohibition a person operating a passenger vessel or small passenger vessel, as defined. The bill would revise the definition of enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads or canvass, canvas, and covered by a roof.

Existing law regulates the safe operation of various types of vessels navigating the states ports and harbors. Existing law prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board who is under 13 years of age or less is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except as provided., among other circumstances, if the person under 13 years of age is in an enclosed cabin. Existing law, for purposes of those provisions, defines enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads and covered by a roof.

This bill would make nonsubstantive changes in those provisions make that prohibition applicable to a person operating a motorboat, sailboat, or vessel of any length. The bill would revise the definition of enclosed cabin to mean a space on board a vessel that is surrounded by bulkheads or canvass, and covered by a roof.

Existing law regulates the safe operation of various types of vessels navigating the states ports and harbors. Existing law prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board who is under 13 years of age or less is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except as provided.

This bill would make nonsubstantive changes in those provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 638

Author:(Frazier)

As Amended Ver:June 16, 2015

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Prohibits a person from operating a motorboat, sailboat, or vessel of any length unless every person on board under the age of 13 is wearing a personal flotation device (PFD) while the vessel is underway.

The Senate amendments exempt passenger vessels and small passenger vessels, as defined in federal law, from this prohibition.

AS PASSED BY THE ASSEMBLY, this bill:

1. Prohibited a person from operating any motorboat, sailboat, or vessel unless every person on board under the age of 13 is wearing a United States Coast Guard-approved PFD.

2. Changed the definition of "enclosed cabin" to mean a space on board a vessel that is surrounded by bulkheads or canvas.

FISCAL EFFECT: None

COMMENTS: Under existing law, any child under 13 is required to wear a PFD while on a vessel under 26 feet in length that is operating on waters under state jurisdiction, unless the child is in an enclosed cabin or is on a sailboat and restrained by a harness that is tethered to the boat. This bill is applicable to recreational boaters operating vessels for non-commercial purposes. It does not apply to things like ferries and other commercial boats.

This bill requires children under 13 to wear a PFD on recreational vessels of any length. According to the author and sponsor, in the past most vessels longer than 26 feet were cabin-style vessels, but today, many of the popular "go fast" or cigarette boats, which generally have open cabins, exceed 26 feet. These vessels can reach speeds of 80 miles per hour or faster. While statute requires PFDs to be readily available on board all vessels for all passengers, in the event of an accident there is often little time for occupants to put them on, especially in an accident at a high rate of speed.

Writing in support of this bill, the sponsor, the California State Sheriffs' Association, states: "AB 638 recognizes that the law no longer accurately reflects the reality, which is that boats capable of attaining high speeds often exceed 26 feet in length. A child riding on such a vessel when it is underway should wear a life jacket and this bill addresses that deficiency. This is a modest expansion of current law that will protect children in a meaningful and quantifiable way."

There is no opposition on file.

Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0001003

 THIRD READING 

Bill No: AB 638

Author: Frazier (D)

Amended: 6/16/15 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/9/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

ASSEMBLY FLOOR: 76-0, 4/16/15 - See last page for vote

SUBJECT: Vessels: personal flotation devices

SOURCE: California State Sheriff’s Association

DIGEST: This bill amends the Harbor and Navigation Code (HNC) Section 658.3 to increase the requirement that children under the age of 13 wear a United States Coast Guard-approved personal flotation device under certain circumstances.

ANALYSIS: Existing federal law provides standard definitions for a “passenger vessel” (United States Code Title 46, Section 2101(22)) and a “small passenger vessel” (United States Code Title 46, Section 2101(35)).

Existing state law:

1. Promotes safety for individuals and property while using or being carried in vessels within state waters (HNC Section 650).

2. Specifies that no individual under the age of 13 shall be in a vessel less than 26 feet in length that is underway unless they are wearing a United States Coast Guard-approved personal flotation device, in accordance with the manufacturer’s instructions. This requirement does not apply to children under the age of 13 if they are tethered to the vessel or in an enclosed cabin (HNC Section 658.3).

3. Defines (HNC Section 658.3):

• “Enclosed cabin” as a space on board a vessel that is surrounded by bulkheads and covered by a roof, and

• “Underway” as all times the motorboat, sailboat, or vessel is afloat, unless it is anchored, moored, or aground.

This bill modifies HNC Section 658.3. Specifically, this bill:

1. Removes the restriction on boat length, so that an individual cannot operate a motorboat, sailboat, or vessel of any length unless every person who is on board and who is under 13 years of age is wearing a United States Coast Guard-approved wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as specified.

2. Redefines “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.

3. Provides for a number of exemptions from the personal floatation device requirement, including children aboard passenger vessels, small passenger vessels, and children who are tethered to the vessel.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/16/15)

California State Sheriff’s Association (source)

Recreational Boaters of California

OPPOSITION: (Verified 6/16/15)

None received

ARGUMENTS IN SUPPORT: The sponsor writes that “in the past, most vessels longer than 26 feet were “cabin-style” vessels, but today, many of the “go fast” or “cigarette” boats exceed that length threshold. These vessels can often reach speeds of 80 MPH or faster and generally have open cabins.”

“AB 638 recognizes that the law no longer accurately reflects the reality, which is that boats capable of attaining high speeds often exceed 26 feet in length. A child riding on such a vessel when it is underway should wear a life jacket and the bill addresses that deficiency.”

ASSEMBLY FLOOR: 76-0, 4/16/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Obernolte, Olsen, Patterson, Quirk

Prepared by: Angee Doerr / N.R. & W. / (916) 651-4116

6/18/15 15:34:31

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 638 Hearing Date: June 9, 2015

Subject: Vessels: personal flotation devices.

BACKGROUND AND EXISTING LAW

Section 650 of the Harbors and Navigation Code (HNC) makes it the policy of California to promote safety for individuals and property while using or being carried in vessels within state waters.

HNC section 658.3 specifies that no individual under the age of 13 shall be in a vessel less than 26 feet in length that is underway unless they are wearing a United States Coast Guard-approved personal flotation device, in accordance with the manufacturer’s instructions. This requirement does not apply to children under the age of 13 if they are tethered to the vessel or in an enclosed cabin.

For the purposes of HNC section 658.3:

(1) “Enclosed cabin” is defined as a space on board a vessel that is surrounded by bulkheads and covered by a roof, and

(2) “Underway” refers to all times the motorboat, sailboat, or vessel is afloat, aside from when it is anchored, moored, or aground.

PROPOSED LAW

This bill would modify HNC section 658.3: Specifically, this bill would:

(1) remove the restriction for boat length, so that an individual cannot operate a motorboat, sailboat, or vessel unless every person who is on board and who is under 13 years of age is wearing a United States Coast Guard-approved wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as specified, and

(2) redefine “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.

ARGUMENTS IN SUPPORT

The sponsor writes that “in the past, most vessels longer than 26 feet were “cabin-style” vessels, but today, many of the “go fast” or “cigarette” boats exceed that length threshold. These vessels can often reach speeds of 80 MPH or faster and generally have open cabins.”

“AB 638 recognizes that the law no longer accurately reflects the reality, which is that boats capable of attaining high speeds often exceed 26 feet in length. A child riding on such a vessel when it is underway should wear a life jacket and the bill addresses that deficiency.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

Boat styles have changed. This bill is sponsored by the California State Sheriff’s Association and supported by Recreational Boaters of California (RBOC). The bill is intended to update the law to reflect current boat styles. Specifically, many of the boats built for speed today are longer than 26 feet in length and feature canvas enclosures rather than fiberglass enclosures. In order to protect children on these larger “go fast” boats, this bill will require them to wear personal floatation devices when the boats are underway.

Technical correction. The proposed amendment corrects a typographical error [Amendment 1].

SUGGESTED AMENDMENTS

AMENDMENT 1

On page 3, line 8, replace “canvass” with “canvas”

AMENDMENT 2

Subdivisions (e) and (f) should be redesignated as subdivisions (f) and (g), respectively. A new subdivision (e) should be added as follows:

“(e) Subdivision (a) does not apply to a person operating a “passenger vessel,” as defined in section 2101(22) of Title 46 United States Code, or a “small passenger vessel,” as defined in section 2101(35) of Title 46 United States Code.

SUPPORT

California State Sheriff’s Association (sponsor)

Recreational Boaters of California

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 638

Author:(Frazier)

As Amended Ver:March 26, 2015

Majority vote

SUMMARY: Prohibits a person from operating a motorboat, sailboat, or vessel of any length unless every person on board under the age of 13 is wearing a personal flotation device (PFD) while the vessel is underway. Specifically, this bill:

1. Prohibits a person from operating any motorboat, sailboat, or vessel unless every person on board under the age of 13 is wearing a United States Coast Guard-approved PFD.

2. Changes the definition of "enclosed cabin" to mean a space on board a vessel that is surrounded by bulkheads or canvas.

EXISTING LAW:

1. Imposes a variety of safety-related requirements applicable to vessels operating on waters subject to state jurisdiction.

2. Prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board under the age of 13 is wearing a United States Coast Guard-approved wearable PFD that is used in accordance with approval labels and manufacturer’s instructions.

3. Specifies that the above prohibition does not apply to a person operating a sailboat on which a person under 13 is restrained by a harness tethered to the vessel, or to a person operating a vessel on which a person under 13 years of age is in an enclosed cabin.

4. Defines "enclosed cabin" as a space on board a vessel that is surrounded by bulkheads and covered by a roof.

5. Defines "operate a motorboat, sailboat, or vessel" as being in control or in charge of a motorboat, sailboat, or vessel while it is underway.

6. Requires all vessels to be equipped with a PFD for each person on board, which, if stored, must be readily available.

7. Defines "vessel" as any vessel that is subject to registration with the Department of Motor Vehicles and that is manufactured or used for noncommercial purposes or is leased, rented, or chartered to another for noncommercial use.

FISCAL EFFECT: None

COMMENTS: Under existing law, any child under 13 is required to wear a PFD while on a vessel under 26 feet in length that is operating on waters under state jurisdiction, unless the child is in an enclosed cabin or is on a sailboat and restrained by a harness that is tethered to the boat. This bill is applicable to recreational boaters operating vessels for non-commercial purposes. It does not apply to things like ferries and other commercial boats.

This bill requires children under 13 to wear a PFD on recreational vessels of any length. According to the author and sponsor, in the past most vessels longer than 26 feet were cabin-style vessels, but today, many of the popular "go fast" or cigarette boats, which generally have open cabins, exceed 26 feet. These vessels can reach speeds of 80 miles per hour or faster. While statute requires PFDs to be readily available on board all vessels for all passengers, in the event of an accident there is often little time for occupants to put them on, especially in an accident at a high rate of speed.

Writing in support of the bill, the sponsor, the California State Sheriffs' Association, states: "AB 638 recognizes that the law no longer accurately reflects the reality, which is that boats capable of attaining high speeds often exceed 26 feet in length. A child riding on such a vessel when it is underway should wear a life jacket and this bill addresses that deficiency. This is a modest expansion of current law that will protect children in a meaningful and quantifiable way."

There is no opposition on file.

Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093 FN: 0000150

Date of Hearing: April 13, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 638

Author:(Frazier) – As Amended Ver:March 26, 2015

SUBJECT: Vessels: personal flotation devices

SUMMARY: Prohibits a person from operating a motorboat, sailboat, or vessel of any length unless every person on board under the age of 13 is wearing a personal flotation device (PFD) while the vessel is underway. Specifically, this bill:

1. Prohibits a person from operating any motorboat, sailboat, or vessel unless every person on board under the age of 13 is wearing a United States Coast Guard-approved PFD.

2. Changes the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvas.

EXISTING LAW:

1. Imposes a variety of safety-related requirements applicable to vessels operating on waters subject to state jurisdiction.

2. Prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board under the age of 13 is wearing a United States Coast Guard-approved wearable PFD that is used in accordance with approval labels and manufacturer’s instructions.

3. Specifies that the above prohibition does not apply to a person operating a sailboat on which a person under 13 is restrained by a harness tethered to the vessel, or to a person operating a vessel on which a person under 13 years of age is in an enclosed cabin.

4. Defines "enclosed cabin" as a space on board a vessel that is surrounded by bulkheads and covered by a roof.

5. Defines "operate a motorboat, sailboat, or vessel” as being in control or in charge of a motorboat, sailboat, or vessel while it is underway.

6. Defines "underway" to mean all times except when the motorboat, sailboat, or vessel is anchored, moored, or aground.

7. Requires all vessels to be equipped with a PFD for each person on board, which, if stored, must be readily available.

FISCAL EFFECT: None

COMMENTS: Under existing law, any child under 13 is required to wear a PFD while on a vessel under 26 feet in length that is operating on waters under state jurisdiction, unless the child is in an enclosed cabin or is on a sailboat and restrained by a harness that is tethered to the boat.

This bill requires children under 13 to wear a PFD on vessels of any length. According to the author and sponsor, in the past most vessels longer than 26 feet were cabin-style vessels, but today, many of the popular "go fast" or cigarette boats, which generally have open cabins, exceed 26 feet. These vessels can reach speeds of 80 miles per hour or faster. While statute requires PFDs to be readily available on board all vessels for all passengers, in the event of an accident there is often little time for occupants to put them on, especially in an accident at a high rate of speed.

Writing in support of the bill, the sponsor, the California State Sheriffs' Association, states: "AB 638 recognizes that the law no longer accurately reflects the reality, which is that boats capable of attaining high speeds often exceed 26 feet in length. A child riding on such a vessel when it is underway should wear a life jacket and this bill addresses that deficiency. This is a modest expansion of current law that will protect children in a meaningful and quantifiable way."

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association (Sponsor)

Opposition

None on file

Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093