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SB-1247

 
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loopless



Joined: 30 Jun 1997
Posts: 359

PostPosted: Fri Mar 09, 2018 12:10 am    Post subject: SB-1247 Reply with quote

This is a bill being presented in CA that might affect windsurfers/kiters/sup/kayak etc.
To be clear, I am not 100% sure what the consequences might be.Maybe smarter and more connected people could comment....

It seems that any person in control of a 'mechanically powered vessel' which would seem to be anything except a surfboard would be liable for misdemeanor charges. One person commented this bill was put forward by a lobby funded by 'gas powered' water craft industry.


http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1247
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dennis_c



Joined: 05 May 1998
Posts: 851
Location: Rio

PostPosted: Fri Mar 09, 2018 10:27 am    Post subject: Reply with quote

It certainly will be interesting to find out which group actually wrote this bill and what connection it has to their business.
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Riptide



Joined: 15 Jan 2011
Posts: 255

PostPosted: Fri Mar 09, 2018 10:34 am    Post subject: Reply with quote

Hello, this is sponsored by the California Sheriffs Association.

First up, here is a link to all the info on the bill:

http://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201720180SB1247

At this link you can find the bill text, votes, history, any analyses of the bill, and you can compare bill language with current law. You can also write comments to the author of the bill from this link. But all of that may not be necessary at this point due to the info below.



I called Senator Gainesí Capitol office, and his staffer, Peter, told me that their phones are blowing up thanks to all of you. J



Peter also let me know that the bill language thatís there now is in ďspotĒ form, which means that thereís just some language in there to establish some sort of intent, but that the bill will be amended to clarify the intent as soon as theyíre able, which is after March 18th.

Hereís info on what a spot bill is: http://www.legintent.com/what-does-it-mean-the-spot-bill/



Peter also told me that the bill, once amended, will be a public safety bill which will allow police officers to do breathalyzer tests on operators of sailboats WITHOUT motors. Apparently as the law stands now, they can only do breathalyzers on sailboats WITH motors. Peter stated that the bill will not affect wind sport equipment or your use of the waterways.

Peter will have the staffer whoís working on the bill send me the Fact Sheet for the bill as soon as itís ready.



Itís pretty common for bills to be introduced in bare bones form, and itís not shocking that the current bill language would raise red flags for the wind sport community, since right now it appears to call for greater regulation of your use of the waterways.



So, there you have it for now. If, for some reason, what Peter told me was not accurate, and I have no reason to believe it wasnít, yíall can mobilize.



Iíve written a bit more info on the legislative process below, in case anyone is interested.



This is the second year of a two-year Legislative Session. The deadline to introduce bills was in mid-February.

From the info on the link above for SB 1247, the earliest the bill will be heard in the Natural Resources and Water Committee is March 18th. At that point, I assume the author will amend the bill to clarify the intent.

Once a bill passes the committee(s) itís been scheduled to be heard in, it goes to the full house that it was introduced in, in this case, the State Senate. The deadline for passage through the Senate (the House of Origin in legislative terms) is June 1st. If the bill passes the Senate, it will move over to the Assembly, and will go through a similar process, and will likely be heard in the Assembly Water, Parks and Wildlife Committee. If it passes through that committee, it will then likely go to the Assembly for a vote. The deadline for both houses of the legislature to pass bills is August 31st, and the Governor has 30 days to either veto the bill, or to sign it into law, or to ignore it, which also has the effect of approving the bill.
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loopless



Joined: 30 Jun 1997
Posts: 359

PostPosted: Fri Mar 09, 2018 10:49 am    Post subject: Reply with quote

Awesome, thanks for digging into this!
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cbknap



Joined: 03 Jun 1997
Posts: 341

PostPosted: Fri Mar 09, 2018 12:59 pm    Post subject: Reply with quote

Color me skeptical. Whatever the intent of the legislation, if they rewrite the law to define sailboards and SUPs as motorized craft any law enforcement org. can use that language against windsurfers in a draconian fashion.

I had a friend who was ticketed once at Seal Beach for windsurfing too close to surfers in the river mouth. He got the ticket dismissed in court because a windsurf board is not legally a motorized craft.

This law would make it to so.
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superkraut



Joined: 18 Mar 2001
Posts: 309

PostPosted: Fri Mar 09, 2018 1:17 pm    Post subject: Reply with quote

should we not all be held to the same standards of safety, including a safe passing distance? motorized or no, any rigid craft moving at speed could do damage to another person
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loopless



Joined: 30 Jun 1997
Posts: 359

PostPosted: Fri Mar 09, 2018 1:49 pm    Post subject: Reply with quote

superkraut wrote:
should we not all be held to the same standards of safety, including a safe passing distance? motorized or no, any rigid craft moving at speed could do damage to another person


If we were held to the same 'standards' equating a windsurfer/kiting/sup to a jetski that would basically shutdown windsurfing/kiting/sup at all locations that I know of. The surfers would love it.
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loopless



Joined: 30 Jun 1997
Posts: 359

PostPosted: Fri Mar 09, 2018 2:03 pm    Post subject: Reply with quote

http://www.iwindsurf.com/forums/viewtopic.php?t=33238&sid=07c803ca4a43ad27be4c213e836a3640

Seems to be where this is being discussed more
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coachg



Joined: 10 Sep 2000
Posts: 2546

PostPosted: Sat Mar 10, 2018 9:44 am    Post subject: Reply with quote

loopless wrote:
superkraut wrote:
should we not all be held to the same standards of safety, including a safe passing distance? motorized or no, any rigid craft moving at speed could do damage to another person


If we were held to the same 'standards' equating a windsurfer/kiting/sup to a jetski that would basically shutdown windsurfing/kiting/sup at all locations that I know of. The surfers would love it.


I'm hoping you are not implying that it is ok for us to go at warp speed into a crowded swimming beach & have no consequences if we hit someone?

I believe you are correct in not wanting us to be grouped with jetski's, but I think Eva's point is we have a responsibility to operate our craft in a safe manor when launching & recovering in swimming areas. I see the intent of this legislation even if it is poorly written.

Coachg
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superkraut



Joined: 18 Mar 2001
Posts: 309

PostPosted: Sat Mar 10, 2018 10:39 am    Post subject: Reply with quote

coachg wrote:
loopless wrote:
superkraut wrote:
should we not all be held to the same standards of safety, including a safe passing distance? motorized or no, any rigid craft moving at speed could do damage to another person


If we were held to the same 'standards' equating a windsurfer/kiting/sup to a jetski that would basically shutdown windsurfing/kiting/sup at all locations that I know of. The surfers would love it.


I'm hoping you are not implying that it is ok for us to go at warp speed into a crowded swimming beach & have no consequences if we hit someone?

I believe you are correct in not wanting us to be grouped with jetski's, but I think Eva's point is we have a responsibility to operate our craft in a safe manor when launching & recovering in swimming areas. I see the intent of this legislation even if it is poorly written.

Coachg


yes, indeed. thanks, Skip!
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