HB358 Alabama 2023 Session

Summary

Primary Sponsor

Ginny Shaver Representative

Republican

Session

Regular Session 2023

Title

Relating to vessels; to amend Sections 33-5-3, 33-5-4, 33-5-5, 33-5-6, 33-5-7, 33-5-8, 33-5-10, 33-5-12, 33-5-15, 33-5-16, 33-5-20, 33-5-21, 33-5-22, 33-5-23, 33-5-25, 33-5-26, 33-5-27, 33-5-28, 33-5-30, 33-5-31, 33-5-32, 33-5-34, 33-5-35, 33-5-36, 33-5-51, 33-5-52, 33-5-53, 33-5-54, 33-5-55, 33-5-56, 33-5-58, 33-5-59, 33-5-60, 33-5-61, 33-5-62, 33-5-63, 33-5-64, 33-5-65, 33-5-66, 33-5-67, 33-5-68, 33-5-69, 33-5-70, 33-5-71, 33-5-72, 33-5-73, 33-5-74, 33-5-75, 33-5-77, 33-5-79, 33-5-81, Code of Alabama 1975, to establish the classification of boating violation as a recognized criminal offense classification and to reclassify various criminal offenses as boating violations and further provide for criminal penalties; to further provide for the requirement to report certain boating accidents; to further provide for the general operational and equipment requirements of a vessel; to further provide for vessel horsepower requirements and the use of engine cut-off switches; to establish the uniform electronic boating traffic ticket and provide for its issuance; to amend Sections 12-12-50, 12-12-51, 12-12-52, 12-12-55, and 12-19-179, Code of Alabama 1975, to provide the district court with jurisdiction over boating violations and further provide for the court costs and fees for boating violations; to amend Section 41-27-6, Code of Alabama 1975, to rename the Marine Police Division within the Department of Public Safety to the Marine Patrol Division; to make nonsubstantive, technical revisions to update the existing code language to current style; to repeal Sections 33-5-22.1, 33-5-29, 33-5-33, and 33-5-78, Code of Alabama 1975; 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 Section 111.05 of the Constitution of Alabama of 2022.

Description

Under existing law, the Marine Police Division of the Department of Public Safety, a department of the Alabama State Law Enforcement Agency, is the primary state agency charged with enforcing the laws regarding the operation of vessels in the waters of the state.

This bill would rename the division the Marine Patrol Division and reclassify law enforcement officers in the division as state troopers.

This bill would also amend a substantial portion of the code relating to the operation of vessels to correctly reference ALEA as the administrative agency charged with administering and enforcing the boating safety laws of the state.

Under existing law, violations of various boating safety laws committed on the waters of this state are classified as either misdemeanors or felonies, the penalty for which is fixed by law.

This bill would establish a new classification of a criminal offense as a boating violation, which is defined in the bill to be an offense committed on the waters of this state that does not amount to a misdemeanor or a felony, and would reclassify various misdemeanor boating offenses as boating violations. The penalty for a boating violation would be similar to a HB358 INTRODUCED penalty for a traffic infraction.

Under existing law, a person is required to report a boating accident involving death, personal injury, or property damage of $2,000 or more within 10 days of the accident.

This bill would require a person involved in such a boating accident to report the accident within ours.

Under existing law, a person may not operate a vessel on the waters of this state while towing a person on waterskis, aquaplane, or other recreational device, and no person may engage in water skiing, aquaplaning, or similar activity, at any time between one hour after sunset and one hour before sunrise.

This bill would amend the authorized hours of operation to between sunset and sunrise.

Under existing state law, a capacity plate is required on all vessels less than 26 feet manufactured or offered for sale in the state. However, under existing federal law, a capacity plate is only required on monohull vessels less than 20 feet, and sailboards and certain personal watercraft are exempt.

Under existing state law, there are various horsepower requirements on motor vessels. However, federal law only applies to manufacturers of motor vessels.

This bill would delete the language not in conformity with federal law.

HB358 INTRODUCED Under existing law, there are various engine shut-off switch requirements for vessels.

This bill would delete the existing engine shut-off switch requirements and implement the federal Coast Guard standards.

This bill would establish the uniform boating traffic ticket and provide for its issuance and usage.

This bill would further provide for the administration of a point system to administer and enforce the suspension or revocation of boater safety certifications.

This bill would repeal certain antiquated life jacket carriage requirements on sailboards which are in conflict with federal law.

Also under existing law, district courts have exclusive original jurisdiction over traffic infractions.

This bill would provide the district court with exclusive original jurisdiction over boating violations and would provide for the court costs, docket fees, and other fees that would be assessed upon conviction.

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

Section 111.05 of the Constitution of Alabama of 2022, 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 HB358 INTRODUCED 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.

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