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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

ORIGINAL DATE

LAST UPDATED

1/26/06

HB

SHORT TITLE Safe Boating Education Requirements

SB 279

ANALYST Lewis

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 118

SOURCES OF INFORMATION

LFC Files

Responses Received From

Energy, Minerals & Natural Resources Department (EMNRD)

Department of Public Safety (DPS)

SUMMARY

FOR THE WATER AND NATURAL RESOURCES COMMITTEE

Synopsis of Bill

Senate Bill 279 enacts new sections of the Boat Act, effective January 1, 2007, requiring that:

1)

the State Parks Division of the Energy, Minerals and Natural Resources Department

(EMNRD) adopt safe boating rules applicable to operators of motorboats (including sailboats

– see Technical Issues below) and persons in the business of renting or leasing motorboats;

and that

2)

the operator of any vessel being used for recreational purposes must require a child age 12 or

under to wear a personal flotation device while the vessel is underway,

unless the child is be-

low deck or in an enclosed cabin.

The new safe boating rules apply only to individuals born after January 1, 1989 (i.e. those who

are not yet 18 years old on the act’s effective date, January 1, 2007). They require that a motor-

boat operator shall:

1)

have completed an approved safe boating education course or passed an equivalency exami-

nation;

Senate Bill 279 – Page

2

2)

possess a valid license, issued by the United States Coast Guard or the Canadian govern-

ment, to operate a vessel; or

3)

have

received, as an authorized operator of a motorboat that is rented or leased for 30 days

or less, instructions regarding the safe operation of the motorboat and a summary of the stat-

utes and rules governing the operation of a motorboat.

The new rules further require that a person in the business of renting or leasing motorboats for a

period of 30 days or less shall:

1)

not rent or lease a motorboat to a person unless the person meets the above requirements;

2)

maintain rental or lease records that include the name and age of each authorized operator;

and

3)

provide each authorized operator with instructions regarding the safe operation of the mo-

torboat and a summary of the statutes and regulations governing the operation of a motor-

boat.

FISCAL IMPLICATIONS

According to Energy, Minerals and Natural Resources Department (EMNRD), the provisions

called for in this legislation will require staff time and some direct expense, but Federal funding

currently available to the State Parks Division (SPD) for the Recreational Boating Safety Pro-

gram would cover expenditures. EMNRD notes, however, that failure to show continued im-

provement in boating safety education programs could jeopardize substantial federal funds (in

excess of $750,000 per year) that come to New Mexico from the U.S. Coast Guard.

SIGNIFICANT ISSUES

According to the EMNRD, this bill would gradually, over time, require all New Mexico resident

boaters to complete a boating safety education course. New Mexico residents 18 or older as of

the start of the program would be “grandfathered” and not (potentially ever) be required to com-

plete such a course. EMNRD asserts that the bill would lead to safer recreational boating in New

Mexico because boating safety education works.

SB 279 is the result of SJM 15, which passed the 47th Legislature in 2005 and requested the

State Parks Division (SPD) to study the options for and feasibility of implementing expanded

boating safety education programs for operators of motorboats in the State of New Mexico. The

resulting study, “Improving Recreational Boating Safety in New Mexico,” was completed by

SPD and presented to the Interim Committee on Water and Natural Resources in November

2005. The study made a number of conclusions, including:

The number of boating accidents and fatalities in New Mexico is too high.

The vast majority of motorboat operators involved in boating accidents have no formal boat-

ing education or training.

New Mexico needs to maintain the boating safety education component, as it is a critical

element to maintaining eligibility to receive federal Coast Guard grant funds.

SPD’s current program of offering free, voluntary boating safety education classes is suc-

cessful and well regarded, but seriously under-utilized.

Mandatory boating safety education in other states has been shown to reduce serious acci-

dents over time.

It is feasible and within the capabilities of present staff of the State Parks Division to expand

the boating safety education program to reach more boat operators by gradually implement-

Senate Bill 279 – Page

3

ing mandatory requirements based on age.

There is widespread support for mandatory boating safety education programs for boat opera-

tors by the recreational boating industry.

Boating safety education reduces accidents, injuries, and related financial impacts to society,

such as health care and insurance costs.

Various industry representatives, agencies and marina operators consulted in this study sup-

port the need to establish a mandatory education requirement for motorboats operators.

New Mexico has no state requirement for personal flotation device (PFD) wear that matches

the federal requirement. As of September 2005, 46 states have adopted some form of manda-

tory child PFD wear. The federal requirement is that no person may operate a recreational

vessel under way with any child under 13 years old aboard unless each such child is either

(1) wearing an appropriate PFD approved by the Coast Guard or (2) below decks or in an en-

closed cabin. The Coast Guard reports that of the 676 persons who died in boating accidents

across the nation in 2004, 484 drowned (72% of the fatalities); and 431, or 89%, of the

drowning victims were not wearing PFDs.

PERFORMANCE IMPLICATIONS

According to the EMNRD, for several years, including FY06, legislative performance measures

for SPD have included metrics related to boating safety (# of boating accidents, # of boat safety

inspections). While proposed legislative performance measures for FY07 do not include these

metrics, SPD still tracks this data internally to measure agency performance. SB 279 would have

a strong positive impact on these performance measures. The goals of the program are to in-

crease the safe operation of motorboats and provide a safer recreation environment by reducing

boat accidents that result in injury, death and property damage. This legislation is essential to

ensure a safe environment for families and visitors to the state parks and other recreational sites.

TECHNICAL ISSUES

The Boat Act, in Sec. 66-12-3, defines “motorboat” as “any vessel propelled by machinery,

whether or not machinery is the principal source of propulsion” and includes “any vessel pro-

pelled or designed to be propelled by sail,” other than a sailboard or windsurf board. “Vessel” is

defined to include “every description of watercraft, other than a seaplane on the water, used or

capable of being used as a means of transportation on water.”

Is it the Legislature’s intention that the new safe-boating rules should apply to sailboats of all

sizes (other than sailboards/windsurfers), as well as to power-driven vessels. If so, the SPD will

need to make it clear to the boating public that the new motorboat safety rules apply to sailboats

as well. If not, additional clarifying language will be needed.

What if a child is the operator of the “motorboat” or “vessel”. For example, the sole operator of

a Sunfish, Laser or sailing dinghy (small sailboats) on one of the state’s lakes might very well be

eight or nine years old, or even younger. Can such a child be expected to have completed an ap-

proved safe boating education course or passed an equivalency exam. Does the SPD’s safe boat-

ing curriculum include equivalent training for children. And in this example is the “operator”

(not defined in the Boat Act or in SB 279) responsible for requiring the child to wear a personal

flotation device the child him/herself. If not, and if the responsibility falls to the boat’s owner or

the child’s parent/guardian, the bill should be amended to make that clear.

Senate Bill 279 – Page

4

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

EMNRD suggests that the current situation in which few people voluntarily enroll in boating

safety education courses would continue. SPD staff would continue to seek the support of magis-

trate judges to require violators of boating laws to enroll in and successfully pass the Boating Ba-

sics class as part of their penalty. Much-needed safety standards and requirements would con-

tinue to be non-existent in New Mexico. Federal funds coming to New Mexico could eventually

be jeopardized if New Mexico does not continue to keep the Recreational Boating Safety Pro-

gram in step with federal regulations and keep up with nationwide trends.

There will also continue to be a conflict between federal regulations and state laws as they per-

tain to children who are required to wear personal flotation devices. Enforcement will continue

to be problematic and confusing to the public because federal officers are enforcing federal regu-

lations on federal properties; and New Mexico officers are enforcing different state laws on state

and federal properties.

ML/nt