HB238 Alabama 2021 Session

Under existing law, if a person is convicted of boating under the influence, the person's boating license is suspended, and if a person is convicted of operating a motor vehicle under the influence, the person's driver's license is suspended.

This bill would provide that if a person is convicted of boating under the influence, the person's boating license and driver's license will be suspended, and that if a person is convicted of operating a motor vehicle under the influence, the person's driving license and boating license or boater safety certification is suspended.

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

This bill would provide criminal penalties for a person who operates a vessel or personal watercraft at greater than idle speed under certain conditions.

Under existing law, a nonresident whose home state or country does not require boater safety certification or the licensing of vessel operators may operate a vessel on the waters of this state without a boater safety certification for a period of not more than 45 days in any calendar year.

This bill would require all nonresidents to procure a boater safety certification in their home state or country or procure a Nonresident Alabama Boater Safety Certification prior to operating a vessel on the waters of this state, except under certain conditions.

Also under certain existing law, vessels less than 24 feet are required to have an emergency engine or motor shut-off switch.

This bill would apply the emergency engine or motor shut-off switch requirement to those certain vessels that are less than 26 feet.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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.

Relating to the operation of watercraft; to amend Sections 32-5A-191.3, 33-5-51, 33-5-52, and 33-5-72, Code of Alabama 1975, to provide that if a person is convicted of boating under the influence, the person's boating license and driver's license will be suspended; to provide that if a person is convicted of operating a motor vehicle under the influence, the person's driver's license and boating license or boater safety certification is suspended; to provide for the operation of a vessel on the waters of this state; to require a person to operate a vessel at idle speeds under certain conditions; to provide boater safety certification requirements; to apply the emergency engine or motor shut-off switch requirement to certain vessels; to make nonsubstantive, technical revisions to update the existing code language to current style; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.