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AB-2102 For-hire vessels: organized camps: camp vessels.(2023-2024)

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Date Published: 04/15/2024 09:00 PM
AB2102:v97#DOCUMENT

Amended  IN  Assembly  April 15, 2024
Amended  IN  Assembly  March 12, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2102

Introduced by Assembly Member Jim Patterson

February 05, 2024

An act to amend Section 760 of, and to add Sections 759.1 and 763 to, the Harbors and Navigation Code, relating to vessels.


LEGISLATIVE COUNSEL'S DIGEST


AB 2102, as amended, Jim Patterson. For-hire vessels: organized camps. camps: camp vessels.
Existing law defines “for-hire vessel” to include any vessel propelled by machinery carrying more than 3 passengers for hire, except as provided. Existing law requires a company that operates a for-hire vessel to procure liability insurance, as provided. Existing law prohibits a for-hire vessel from being operated or navigated on the waters of this state except by a person who holds a valid operator’s license. Under existing law, a violation of that prohibition and other provisions related to for-hire vessels is a misdemeanor.
This bill would exempt a vessel operated at an organized camp, camp vessel, as defined, from the definition of for-hire vessel, and thereby exempt a camp vessel operated by an organized camp from the requirement that it be operated by a person with a valid operator’s license. The bill would require an organized camp, as defined, to obtain a permit from the Division of Boating and Waterways before operating a camp vessel, as specified. The bill would authorize the division to assess a permit fee to cover the reasonable cost of issuing permits and of enforcement. The bill would require the permit fees to be deposited into the Camp Vessel Permit Fee Fund, which the bill would create in the Harbors and Watercraft Revolving Fund, to be available, upon appropriation by the Legislature, to cover the cost of issuing and enforcing the permits, as specified. The bill would require an organized camp that uses certain vessels operates a camp vessel to comply with the liability insurance requirements requirement as if it operated operates a for-hire vessel. The bill would impose vessel, and would require the organized camp and a person operating a camp vessel to meet separate operating and safety requirements for a vessel operated by an organized camp, camp vessel, as specified. Because a violation of these separate operating requirements would be a misdemeanor, the bill would impose a state-mandated local program.
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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 759.1 is added to the Harbors and Navigation Code, to read:

759.1.
 (a) Consistent with subdivision (c) of Section 763, an organized camp that uses a camp vessel operated at an organized camp shall comply with this article as if it were a for-hire vessel company.
(b) For purposes of this section, “camp vessel” and “organized camp” and “vessel operated at an organized camp” shall have the same meanings as provided in Section 763.

SEC. 2.

 Section 760 of the Harbors and Navigation Code is amended to read:

760.
 As used in this article, “for-hire vessel” includes any vessel propelled by machinery carrying more than three passengers for hire, except the following:
(a) A sea plane on the water.
(b) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled, or by means of a mechanical device attached to the watercraft itself.
(c) A vessel operated at an organized camp, camp vessel, as described in Section 763.

SEC. 3.

 Section 763 is added to the Harbors and Navigation Code, to read:

763.
 (a) For purposes of this section, the following definitions apply:
(1) (A)“Organized “Camp vessel” means a vessel that is used at an organized camp, unless it meets one or more of the following criteria:
(A) It is an oceangoing vessel and under the jurisdiction of the United States Coast Guard.
(B) It exceeds 26 feet in length.
(C) It requires a mate for operation.
(D) It has cooking facilities, toilets, sleeping quarters, or other amenities requiring inspection and certification from the United States Coast Guard, the Division of Boating and Waterways, or the Department of Parks and Recreation.
(2) (A) “Organized camp” means a site with program and facilities established for the primary purpose of providing an outdoor group experience with social, spiritual, educational, or recreational objectives, for five days or more during one or more seasons of the year.
(B) “Organized camp” includes both a site where participants remain overnight and a site where participants do not remain overnight.
(C) “Organized camp” does not include any of the following:
(i) A motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, or penal or correctional camp.
(ii) A childcare institution or home-finding agency.
(iii) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks.

(2)“Vessel operated at an organized camp” means a vessel that is used at an organized camp, unless it meets one or more of the following criteria:

(A)It is an ocean going vessel and under the jurisdiction of the United States Coast Guard.

(B)It exceeds 26 feet in length.

(C)It requires a mate for operation.

(D)It has cooking facilities, toilets, sleeping quarters, or other amenities requiring inspection and certification from the United States Coast Guard or the Division of Boating and Waterways, Department of Parks and Recreation.

(b)A vessel operated by an organized camp shall comply with both of the following requirements:

(1)The vessel shall be operated by a person 18 years of age or older.

(2)The vessel shall not exceed the number of passengers that it was designed to carry.

(c)An organized camp that uses a vessel operated at an organized camp shall comply with Article 2.9 (commencing with Section 759) as if it were a for-hire vessel company.

(iv) A site where providing boating or another aquatic activity is the primary purpose.
(b) (1) Except as provided in paragraph (3), an organized camp shall annually obtain a permit to operate camp vessels pursuant to this section before operating a camp vessel. An organized camp shall apply for an annual permit in accordance with the procedures established by the division. The criteria for granting a permit shall be limited to the following:
(A) The organized camp’s location, anticipated dates of operation, and contact information.
(B) Proof of compliance with Article 2.9 (commencing with Section 759).
(C) Attestation by the organized camp’s administrator that the organized camp will comply with subdivisions (c) and (d).
(2) The division shall assess a permit fee, not to exceed fifteen dollars ($15), to be deposited into the Camp Vessel Permit Fee Fund, which is hereby created in the Harbors and Watercraft Revolving Fund. Moneys in the Camp Vessel Permit Fee Fund shall be available, upon appropriation by the Legislature, for expenditure by the division to cover the cost of issuing and enforcing permits pursuant to this section. The permit fee shall not exceed the reasonable cost of issuing and enforcing permits.
(3) Paragraphs (1) and (2) do not apply if the division has not established procedures for applying for a permit.
(c) In addition to the permit required by subdivision (b), an organized camp that operates a camp vessel shall do all of the following:
(1) Comply with Article 2.9 (commencing with Section 759) as if it were a for-hire vessel company.
(2) Ensure that the vessel receives regular maintenance and safety checks.
(3) Provide training to all persons who operate a camp vessel, using the camp vessel on the body of water that the camp vessel is being operated.
(4) Administer a skills verification test to all persons who operate a camp vessel. A supervisor of the organized camp shall administer the test and written test records shall be retained at the organized camp’s administrative office.
(d) (1) A person operating a camp vessel shall meet all of the following requirements:
(A) Be 18 years of age or older.
(B) Possess a vessel operator card issued by the division pursuant to subdivision (b) of Section 678, or is exempt from possessing a vessel operator card pursuant to paragraph (2) or (6) of subdivision (c) of Section 678.11.
(2) A person operating a camp vessel shall do all of the following:
(A) Ensure that the number of passengers does not exceed the camp vessel’s design capacity.
(B) Ensure that all passengers under 18 years of age on the vessel wear an appropriate personal floatation device approved by the United States Coast Guard.
(C) Ensure that all passengers receive a safety briefing before boarding the vessel.
(3) A person operating a camp vessel shall not be required to obtain a permit, as described in subdivision (b).

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.