Bill Authorizing Impoundment of Vessel Involved in BUI and Death Passes First Committee

Legislation providing another tool to law enforcement for vessels involved in boating under the influence passed its first legislative committee this week.

SB 393 [Stone] would authorize a court to order the impoundment of a vessel for up to 30 days, if the registered owner is convicted of a crime involving the operation of a vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug and the conduct resulted in the unlawful killing of a person.

SB 393 was taken up in the Senate Public Safety Committee, was placed on the committee’s consent calendar, and passed committee with a unanimous bipartisan vote.

Senate Fiscal Committee Places BUI Expansion Measure "On Suspense"

The Senate Appropriations Committee today placed SB 1247 [Gaines] "on suspense" until it determines whether there is sufficient state monies to cover the projected state costs associated with its implementation.

SB 1247 is the measure that would expand the ability of a peace officer, who lawfully arrests a person for boating under the influence of alcohol and/or drugs [BUI], to request that the arrested person submit to a chemical test.

The bill would extend this authority to persons operating any vessel, rather than mechanically-propelled vessels.

Today, the bill was placed “on suspense” as anticipated due to the projected state fiscal impact: “Unknown, potential state incarceration costs for longer commitments to state prisons for persons found guilty of BUI while doing an act forbidden by law that causes bodily injury to another."

The committee will decide just prior to the Memorial Day Weekend whether this and the numerous other measures placed on suspense will pass through the Appropriations Committee an on to the Floor for consideration.

 

Legislation Extending BUI Chemical Testing to Non-motorized Vessels Passes First Committee

Legislation will pass the Senate Public Safety Committee today to amend California's Boating Under the Influence [BUI] law that authorizes an officer to request a person arrested for BUI to submit to chemical testing.

SB 1247 [Gaines] would delete the requirement that the vessel be mechanically propelled.

Following is the author's stated rationale for the measure [from the policy committee analysis]:

"The Harbors and Navigation Code contains no definition of "machinery" and a vague definition of "mechanically propelled." California Boating Law gives an officer authority to request the operator of a "mechanically propelled vessel" submit to the chemical testing of their blood, breath, or urine if lawfully arrested for operating a vessel or other equipment while under the influence of drugs and/or alcohol.  The problem is an operator of a 30-foot sailboat with no motor, operating under sail at 20 knots, with an BAC level .10% stopped for a boating violation and arrested can refuse the officer's request for a chemical test since there is question as to whether the sailboat is a "mechanically propelled vessel.”

"Law enforcement should be able ask an arrested person to provide a chemical test of an operator of a sailing craft that could cause major damage, injure someone, or cause death.  Boating officers are under the assumption that a sail is "machinery" just as an "oar" is for a canoe or kayak.  There is a lack of clarity as to whether operators of vessels or craft using a sail, paddle, etc. can be asked to submit to chemical testing. Sailing vessels with or without motors piloted by a person under the influence create a safety issue for all boaters."

SB 1247 next proceeds

The measure is sponsored by the California State Sheriffs’ Association.

 

Key Legislation Update - As Legislature Has Adjourned

This is an update on a number of key legislative issues now that the state Legislature has recessed the first year of the 2017-2018 legislative session. 

The deadline for the Governor’s consideration of the measures that passed the Legislature in the final days prior to adjournment is October 15.

Prohibition against drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger

SB 65 [Hill] – has been enacted into law after provisions of concern to RBOC were removed at the organization's request. Those provisions would have prohibited drinking an alcoholic beverage while operating a vessel. The current, extensive provisions of state law strike an effective balance that prevents boating under the influence [BUI], effectively enforces the BUI laws, and acknowledges the boating experience. 

Elimination of mortgage interest deduction on second homes

AB 71 [Chiu] – was not taken up on the Assembly Floor and may be considered in 2018. RBOC has advocated in opposition to this measure.

Expansion of vessels eligible to use distinctive blue lights to include fire department and fire protection district vessels while engaged in public safety activities

AB 78 [Cooper] – this RBOC-supported measure has been enacted and will take effect on January 1, 2018.

Requirement that DBW, to the extent feasible, collaborate with the California Conservation Corps and use members of the corps in implementing its invasive aquatic plants control programs

SB 704 [Galgiani] – this RBOC-supported measure has been enacted into law and will take effect on January 1, 2018.

Enactment of a 12 cents per gallon motor vehicle gasoline tax increase, and a 20 cents per gallon diesel fuel tax, with the portion of the new gasoline taxes attributable to boats placed in the State Parks and Recreation Fund

SB 1 [Hertzberg] – has been enacted into law, with the increase taking effect on November 1, 2017. At least one initiative to repeal the tax is being pursued.

Authorization for a court to impound, for up to 30 days, a boat used in a violation of the BUI laws if the owner is convicted and the conduct resulted in the unlawful killing of a person

SB 644 [Stone] – was vetoed by Governor Brown: “I do not see the need, in these tragic but narrow instances, to additionally expand the powers of government to impound private property as an added punitive measure. Because this bill will not act as a deterrent, and existing criminal and civil penalties are sufficient to address the conduct contemplated, I am returning this measure without my signature.”

Establishment of an infraction to smoke on a state coastal beach or in a unit of the state park system

AB 725 [Levine] – has passed the Legislature and proceeds to the Governor for his consideration.

Establishment of an infraction punishable by a fine of up to $100 for a person to smoke on a state coastal beach or in a unit of the state park system

SB 386 [Glaser] – has passed the Legislature and proceeds to the Governor for his consideration.

Establishment of an infraction to possess an alcoholic beverage in a vessel on portions of the Mokelumne River during a summer period for which the Board of Supervisors has banned consumption on land portions of the Stillman Magee County Park

AB 934 [Flora] – was not heard in the initial policy committee and may be considered next year.

Imposition of a quagga and zebra mussel infestation prevention fee of up to $50 annually, on non-resident owners of vessels, to be paid before the vessel is placed in the state’s waterways

AB 1587 [Levine] – was held under submission in the Senate Appropriations Committee.

Prohibition against the sale of a nonbiodegradable toxic chemical in a container that indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel

AB 852 [Caballero] – did not proceed through the Legislature and can be considered next year.

Proposed $3.5 billion water, parks, climate, coastal protection, and outdoor access bond measure – with potential funding for a Riverside County aquatic center

SB 5 [DeLeón] – has passed the Legislature and has proceeded to the Governor for possible placement before voters on the June 2018 statewide ballot.

Requirement that the lead agency provide information on costs for each water contractor and the benefits each contractor will receive from the proposed Delta water conveyance project prior to water contractors entering into specified agreements

AB 791 [Frazier] - was held under submission in the Assembly Appropriations Committee.

Prohibition against the Delta Stewardship Council granting a certification of consistency with the Delta Plan until completion of the update of the 2006 Water Quality Control Plan for the Bay-Delta Estuary

AB 792 [Frazier] – did not proceed through the Legislature and can be considered next year.

Declaration of state policy that the existing state of the Sacramento-San Joaquin Delta is recognized and defined as an integral component of California’s water infrastructure

AB 793 [Frazier] – did not proceed through the Legislature and can be considered next year.

Revision of the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code

SB 531 [Galgiani] - did not proceed through the Legislature and can be considered next year.

Governor Brown Signs Marijuana DUI Bill into Law - Without Boating Provision

Governor Jerry Brown has just signed into law SB 65 [Hill] in the form that reflects revisions negotiated by RBOC.

Therefore, it does not contain the provision that would have made driving or operating a boat or vessel, while drinking any alcoholic beverage, punishable as either an infraction or a misdemeanor.

As enacted into law, SB 65 will make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.

RBOC appreciates Senator Jerry Hill's recognition that the current, extensive provisions of state law strike a balance that prevents boating under the influence [BUI], effectively enforces the extensive state BUI laws, and acknowledges the boating experience.

As set forth on the state Division of Boating and Waterways website, the state BUI laws include:

  • No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs. No person who is addicted to any drug shall operate any vessel, water skis or similar device.

  • No person 21 years of age or older shall operate any vessel, water skis or similar device who has 0.08 percent or more, by weight, of alcohol in his or her blood.

  • A level of at least 0.05 percent, but less than 0.08 percent, may be used with other evidence in determining whether the person was under the influence of alcohol.  

  • A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel “under the influence” may be requested to submit to a chemical test to determine blood-alcohol content.

  • A person convicted of operating a vessel while intoxicated could receive up to a $1,000 fine and six months in jail.
  • No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight.

  • Penalties may include a fine of up to $250 and participation in an alcohol education or community service program. 

  • No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight.

  • Penalties may include a fine of up to $250 and participation in an alcohol education or community service program.

In addition to supporting these laws, boaters are doing our part financially. Several million dollars are provided to local boating enforcement each year in the form of boater-derived state fuel tax dollars and registration fees.

RBOC was also concerned that the proposed prohibition in an earlier version of SB 65 would have applied regardless of whether the boat is actively underway, and that the measure did not provide clarity on who would be considered the operator of a boat in the situations where there are multiple individuals on-board and vessels with multiple helms.

It should also be noted that the conditions of operating a boat on most waterways under regional or state jurisdiction are far, far different from the operation of a motor vehicle on restricted roadways.

The speed of operation and distances between boats or obstructions normally provide ample time for operators who are not "under the influence" to avoid dangerous circumstances while at the same time sipping a beer, glass of wine or cocktail at the helm of a vessel heading back to port after a day cruising.

RBOC Appreciates Senator Hill's Decision to Remove BUI Provision from SB 65

RBOC is extending its appreciation to Senator Jerry Hill [D-San Mateo] for his consideration of the concerns raised by RBOC and his decision to remove from SB 65 provisions that would have extended the boating under the influence [BUI] laws into the Vehicle Code with a prohibition against individuals drinking alcoholic beverages while operating a boat or riding as passengers aboard a boat.

This provision would have been in addition to the significant BUI laws set forth in the Harbors and Navigation Code. The current, extensive provisions of these state laws aim to strike an effective balance that prevents boating under the influence, effectively enforces the extensive state BUI laws, and acknowledges the boating experience.

As set forth on the state Division of Boating and Waterways website, the state BUI laws include:

  • No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs.
  • No person who is addicted to any drug shall operate any vessel, water skis or similar device.
  • No person 21 years of age or older shall operate any vessel, water skis or similar device who has 0.08 percent or more, by weight, of alcohol in his or her blood.
  • A level of at least 0.05 percent, but less than 0.08 percent, may be used with other evidence in determining whether the person was under the influence of alcohol.
  • A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel “under the influence” may be requested to submit to a chemical test to determine blood-alcohol content.
  • A person convicted of operating a vessel while intoxicated could receive up to a $1,000 fine and six months in jail.
  • No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight.
  • Penalties may include a fine of up to $250 and participation in an alcohol education or community service program.

In addition to supporting these laws, boaters are doing our part financially. Several million dollars are provided to local boating enforcement each year in the form of boater-derived state fuel tax dollars and registration fees.

As amended on March 28, SB 65 focuses on an important issue: the use of marijuana in motor vehicles. The bill would make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as either an infraction or a misdemeanor. The bill would also authorize a court to order a defendant to attend and complete a state-licensed driving-under-the-influence program in addition to those penalties.

GOVERNOR SIGNS RBOC-SUPPORTED BUI CLARITY MEASURE INTO LAW

California Governor Jerry Brown today signed into law AB 1829 [Levine], legislation supported by RBOC and sponsored by the California State Sheriffs' Association that clarifies current state law pertaining to boating under the influence [BUI].

RBOC supports the provisions of AB 1829 that update the boating under the influence [BUI] law as part of a continued effort to increase safety on our state’s waterways.

Addressing BUI remains important.  According to the 2013 report of the state Division of Boating and Waterways, 32% of all boating fatalities in the state involved alcohol during the period 2009 to 2013.

AB 1829 clarifies existing law and removes obsolete language regarding the arrest of a person suspected of operating a vessel under the influence of alcohol and/or drugs.

The measure amends Harbors and Navigation Code Section 655.1. The revision clarifies that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

  • He or she has a right to refuse chemical testing.

  • An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample.

  • He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.

This advisement provision replaces the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

The provisions of the measure will take effect on January 1, 2017.

Legislature Sends BUI Clarity Measure to Governor

The Senate today approved and sent to the Governor AB 1829 [Levine], legislation supported by RBOC that would clarify current law pertaining to boating under the influence [BUI].

RBOC supports the provisions of AB 1829 that would update the boating under the influence [BUI] law as part of a continued effort to increase safety on our state’s waterways.

Addressing BUI remains important.  According to the 2013 report of the state Division of Boating and Waterways, 32% of all boating fatalities in the state involved alcohol during the period 2009 to 2013.

AB 1829 would clarify existing law and would remove obsolete language regarding the arrest of a person suspected of operating a vessel under the influence of alcohol and/or drugs.

The measure would amend Harbors and Navigation Code Section 655.1. The revision would clarify that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

  • He or she has a right to refuse chemical testing.

  • An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample.

  • He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.

This advisement provision would replace the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

AB 1829 has already passed the Assembly. The measure is sponsored by the California State Sheriffs' Association.

RBOC Supporting Measure to Clarify BUI Law

RBOC is supporting AB 1829 [Levine] that would clarify current law pertaining to boating under the influence [BUI] as the measure is considered in the Senate Committee on Public Safety.

RBOC supports the provisions of AB 1829 that would conform the advisement provisions of the Penal Code related to BUI, to existing provisions in the Harbors and Navigation Code. 

The measure would amend Harbors and Navigation Code Section 655.1. The revision would clarify that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • He or she may be charged with a crime,
  • He or she has the right to refuse chemical testing, and
  • The officer has the authority to seek a search warrant to compel a blood draw if the person refuses to submit to, or fails to complete, a blood test.

This provision would replace the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

AB 1829 has already passed the Assembly. The measure is sponsored by the California State Sheriffs' Association.
 

 

RBOC-supported BUI Legislation Proceeds to Governor

RBOC-supported legislation to harmonize certain boating under the influence [BUI] laws with the state’s driving under the influence [DUI] laws will now proceed to the Governor for his consideration.

AB 539 [Levine, D-San Rafael] would authorize the issuance of a search warrant to compel a blood draw from a person suspected of operating a boat while under the influence of alcohol or drugs.

According to Assembly Member Levine, the measure is intended to bring boating laws in line with DUI laws, and to provide law enforcement with the proper tools to investigate and prosecute those who are boating under the influence.

The measure is sponsored by the California State Sheriffs' Association and is also supported by a number of law enforcement and marine industry organizations as well as RBOC.