Bill Text: CA AB2102 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: For-hire vessels: organized camps: camp vessels.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2102 Detail]

Download: California-2023-AB2102-Amended.html

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Amended  IN  Assembly  March 12, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2102

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Introduced by Assembly Member Jim Patterson

February 05, 2024

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An act to amend Section 760 of, and to add Section 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.

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, as defined, from the definition of for-hire vessel, and thereby exempt a 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 that uses certain vessels to comply with insurance requirements as if it operated a for-hire vessel. The bill would impose separate operating requirements for a vessel operated by an organized camp, 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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 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, “organized camp” and “vessel operated at an organized camp” shall have the same meanings as provided in Section 763.

SECTION 1.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, as described in Section 763.

SEC. 2.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” 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.

SEC. 3.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.