HB 477

Existing law defines the term vessel as every description of watercraft, other than a seaplane, capable of being used as a means of transportation on the water

Existing law also provides for the operation of personal watercraft on the waters of this state and provides criminal penalties for a violation

This bill would include vessels within those provisions of law and would provide criminal penalties for a person who operates a vessel or personal watercraft at an improper distance

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 33-5-51, Code of Alabama 1975, relating to the operation of watercraft; to provide for the operation of a vessel on the waters of this state and require a person to maintain a proper distance when operating a vessel or personal watercraft; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Section 33-5-51, Code of Alabama 1975, is amended to read as follows:

§33-5-51.

(a) As used in this section, "personal watercraft" means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.

(b) A person may not operate a vessel or personal watercraft on the waters of this state, as waters are defined in Section 33-5-3, unless each person operating, riding on, or being towed by the vessel or watercraft is wearing a personal flotation device approved by the United States Coast Guard, in accordance with rules and regulations adopted by the Commissioner of the Department of Conservation and Natural Resources.

(c) A person operating a personal watercraft on the waters of this state that does not have self circling self-circling capability, shall have a lanyard type engine cutoff switch and must shall attach the lanyard to the person, his or her clothing, or a personal flotation device, as is appropriate.

(d) A vessel or personal watercraft shall at all times be operated on the waters of this state shall be operated in a reasonable and prudent manner. Maneuvers which endanger life, limb, or property, or create a public nuisance, including, but not limited to the following, weaving through congested vessel traffic at high speed, following closely behind within the wake of a vessel towing a person or persons on water skis, surfboard, or other water sport device, jumping the wake of another vessel travelling in the same direction in close proximity to the vessel, cutting between a boat and the person or persons being towed by that boat, or crossing at right angles in close proximity to the stern of another vessel or when visibility around the other vessel is obstructed, or steering a vessel toward any object or person in the water and turning sharply at close range so as to spray the object or person, shall all constitute the reckless operation of a vessel, as provided in subsection (a) of Section 33-5-70. Any person violating this subsection shall be punished upon conviction as provided in Section 33-5-70.

(e)(1) It is unlawful for a person to operate a vessel or personal watercraft at greater than idle speed within 100 feet of any of the following:

a. A moored or anchored boat or any boat that is adrift.

b. A dock, pier, or bridge.

c. A person in the water.

d. The shoreline adjacent to a residence.

e. A public park or beach.

f. A marina, restaurant, or other public use area.

(2) As used in this subsection, idle speed means the lowest speed a boat may be operated while maintaining steering control.

(e) (f) No person under the age of 12 years of age shall operate a personal watercraft on the waters of this state, and persons who are at least 12 and over may only operate personal watercraft on the waters of this state to the extent otherwise permitted by law.

(f) (g) It is unlawful for the owner of any vessel or personal watercraft or any person having charge over or control of a vessel or personal watercraft to authorize or knowingly permit these the vessel or personal watercraft to be operated on the waters of this state by a person in violation of this section.

(g) (h) No person shall tow any person by vessel or personal watercraft unless the personal watercraft is equipped with a rearview mirror meeting the specifications established by regulation rule of the Commissioner of the Department of Conservation and Natural Resources.

(h) (i) Any person who violates this section, except as otherwise provided in subsection (d), shall be guilty of a Class B misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. All persons so convicted and shall be fined not less than twenty-five dollars ($25). All fines collected for a violation of this section shall be paid into the State Water Safety Fund.

(i) (j) This section does not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with Section 33-5-27, and any rules and regulations issued by the Commissioner of Conservation and Natural Resources."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.