CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2102Introduced by Assembly Member Jim PattersonFebruary 05, 2024 An act to amend Section 760 of, and to add Section 763 to, the Harbors and Navigation Code, relating to vessels.LEGISLATIVE COUNSEL'S DIGESTAB 2102, as introduced, 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 prohibits a for-hire vessel from being operated or navigated on the waters of this state except by a person who holds a valid operators 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 operators license. 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 Bill TextThe people of the State of California do enact as follows:SECTION 1. 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. 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.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2102Introduced by Assembly Member Jim PattersonFebruary 05, 2024 An act to amend Section 760 of, and to add Section 763 to, the Harbors and Navigation Code, relating to vessels.LEGISLATIVE COUNSEL'S DIGESTAB 2102, as introduced, 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 prohibits a for-hire vessel from being operated or navigated on the waters of this state except by a person who holds a valid operators 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 operators license. 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
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2102
Introduced by Assembly Member Jim PattersonFebruary 05, 2024
Introduced by Assembly Member Jim Patterson
February 05, 2024
An act to amend Section 760 of, and to add Section 763 to, the Harbors and Navigation Code, relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2102, as introduced, 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 prohibits a for-hire vessel from being operated or navigated on the waters of this state except by a person who holds a valid operators 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 operators license. 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.
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 prohibits a for-hire vessel from being operated or navigated on the waters of this state except by a person who holds a valid operators 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 operators license. 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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. 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. 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.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. 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.
SECTION 1. Section 760 of the Harbors and Navigation Code is amended to read:
### SECTION 1.
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.
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.
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.
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. 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.
SEC. 2. Section 763 is added to the Harbors and Navigation Code, to read:
### SEC. 2.
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.
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.
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.
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.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 3.