HB284 By Representatives Shaver, Kitchens, Rowe, Pettus, Oliver, Treadaway, Fincher, Marques, Sorrells, Brown (K), Easterbrook, Meadows, Farley, Robertson, Faust, Reynolds, Sanderford, Holmes, Rich, Shiver, Faulkner, Wingo, Weaver, Drake, Isbell and Wood (D) RFD Judiciary Rd 1 20-FEB-20

SYNOPSIS: 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.

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, 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.

A BILL TO BE ENTITLED AN ACT

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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 32-5A-191.3, 33-5-51, 33-5-52, and 33-5-72, Code of Alabama 1975, are amended to read as follows:

§32-5A-191.3.

"(a) A person shall not operate or be in actual physical control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation device on the waters of this state, as the waters are defined in Section 33-5-3, under any condition in which a person would be guilty of driving under the influence of alcohol or a controlled substance drugs pursuant to under Section 32-5A-191 if the person was driving or controlling operating a motor vehicle.

"(b) In the case of a vessel or other marine device described in subsection (a), where a law enforcement officer has probable cause to believe that the operator of the vessel or other marine device is operating in violation of this section, the law enforcement officer is authorized to administer and may test the operator, at the scene, by using a field breathalyzer or other approved device, as a screening device, to determine if the operator may be is operating a the vessel or device in violation of subsection (a). Refusal to submit to a field breathalyzer test or other approved testing device shall result in the same punishment as provided in subsection (c) of Section 32-5-192 for operators of motor vehicles on the state highways.

"(c) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.

"(d)(1) Upon a first or subsequent conviction, a person violating this section shall be punished in the same manner and under the same conditions as a person convicted of driving under the influence of alcohol or drugs a controlled substance pursuant to under Section 32-5A-191, or any successor section or sections providing for the offense of driving under the influence of alcohol or a controlled substance drugs, except that in any case where reference is made to the Director of Public Safety and the driving privilege or driver's license of the person, the reference shall be deemed to refer to the Commissioner of Conservation and Natural Resources and the vessel operating privilege or boater safety certification of the person convicted under this section.

"(2)a. In addition to the driver's license suspension required under subdivision (1), the Secretary of the Alabama State Law Enforcement Agency shall suspend a person's vessel operating privilege or boater safety certification as follows:

"1. Ninety days for a first conviction.

"2. One year for a second conviction, provided that the prior conviction occurred within 10 years of the current offense.

"3. Three years for a third conviction, provided that the prior convictions occurred within 10 years of the current offense.

"4. Five years for a fourth or subsequent conviction, provided that the prior convictions occurred within 10 years of the current offense.

"b. A prior conviction for boating under the influence from this state, a municipality within this state, another state or territory, or a municipality of another state or territory shall be considered by a court for imposing a sentence pursuant to this section if the prior conviction occurred within 10 years of the date of the current offense.

"(e) Neither reckless or careless operation of a vessel, nor any other boating or water safety infraction, is a lesser included offense under a charge of operating a vessel while under the influence of alcohol or controlled substances.

"(f) All fines collected for a violation of this section as to vessels or other marine devices on the waters of this state shall be paid into the State Water Safety Fund State Treasury to the credit of the Public Safety Fund.

"(g) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same 0.08 percent by weight of alcohol in the person's blood as specified in subdivision (1) of subsection (a).

"(h) Upon verification that a defendant arrested pursuant to under this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant's subsequent arrest and pending prosecution to the court in which the prior conviction occurred.

"(i) When any person over the age of 21 years is convicted pursuant to under this section and a child under the age of 14 years was present on the vessel or other marine device described in subsection (a) at the time of the offense, the defendant shall be sentenced to double the minimum punishment that the person would have received if the child had not been present.

"(j) "Vessel," for the purposes of this section, shall mean any vessel as defined in Section 33-5-3, operated on the waters of this state, as defined in Section 33-5-3.

"(k) No provision of this section shall be construed to assess points for DUI convictions under motor vehicle convictions for driving under the influence nor shall a conviction under this section be used as an enhancement of punishment for a violation of 32-5A-191.

§33-5-51.

"(a) As used in this section, "personal watercraft" means a vessel which that 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 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 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 Secretary of the Alabama State Law Enforcement Agency.

"(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.

"g. A vessel designated for use by a law enforcement officer while making use of visual signals while alongside another vessel.

"(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 14 years of age may 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, except as provided under Section 33-5-57 or as otherwise provided 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 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 Secretary of the Alabama State Law Enforcement Agency.

"(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 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 State Treasury to the credit of the Public 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 adopted by the Commissioner of Conservation and Natural Resources Secretary of the Alabama State Law Enforcement Agency.

§33-5-52.

"(a)(1) Every A person, except those specifically exempted by statutory enactment, within five years from April 28, 1994, shall procure a boater safety certification before operating a motorized vessel upon the waters of this state, as defined in Section 33-5-3. This section shall does not apply to the operation of any sailboat, rowboat, or canoe.

"(2)a. Notwithstanding anything any law to the contrary herein, an Alabama resident 16 years of age and or older, who purchases a vessel and who has not been previously issued a boater safety certification, may for a period of thirty (30) 30 days following the date of sale of the vessel to the person, may operate the vessel upon the waters, provided the following conditions are met:

"(1)1. The vessel has been registered in the name of the person.; and

"(2) a 2. A bill of sale for the vessel, indicating that the person is the purchaser and owner of the vessel, is in the possession of the person at all times of operation.

"b. In addition, any person while taking who test drives of vessels a vessel for sale when while accompanied by a licensed vessel dealer, shall be exempt during the drive from the certification requirements under subdivision (1). Every new resident of the State of Alabama, before operating a motorized vessel, shall procure the certification within 30 days after establishing residence in this state.

"(b) Each boater safety certification issued to a person, if issued at the same time the person is issued a valid Alabama motor vehicle driver or learner license, or valid Alabama nondriver identification card, or if issued prior to the expiration date of the driver or learner license or card, shall expire on the expiration date of the person's valid Alabama motor vehicle driver or learner license or card. In all other cases, the expiration date of each boater safety certification shall be four years from the date of issuance.

"(c) Every Upon application, a boater safety certification issued under this article may be renewed at the end of the certification period without examination upon application. For the purpose of renewal of a boater safety certification, the Department of Public Safety Alabama State Law Enforcement Agency shall mail renewal notices to each certification holder 30 days after the expiration date if the certification has not been renewed. A grace period of 60 days after the expiration date of certification shall exist for the purpose of certification renewal and the certification shall be valid for this time period. The applicant shall apply for renewal of certification any time during a period beginning 30 days before the expiration date of the then current certification until three years after the expiration date of certification. Failure to make application for renewal within the specified time shall result in the applicant being required to take, and successfully pass, a written or oral examination as administered by the Department of Public Safety Alabama State Law Enforcement Agency. If any person's birthday is February 29, the first day of March following shall be regarded as the birthday for the purposes of this section.

"(d) Nonresidents at least 12 years of age who have in their immediate possession a valid boater safety certification or vessel operator's certification issued in their home state or country shall be exempt from the requirements of this section, but under no circumstances shall a person nonresident be granted any privileges of operation beyond those granted to an Alabama resident certification holder of the same age.

"(e) Nonresidents at least 12 years of age whose home state or country does not require boater safety certification or the licensing of vessel operators shall also be exempt from the requirements of this section for a cumulative operation period of not more than 45 days in any calendar year.Otherwise, any nonresidents shall be examined and certified A nonresident may operate a vessel upon the waters of this state only after obtaining a valid boater safety certification or vessel operator's certification issued in his or her home state or country or, upon examination and certification under the same terms and conditions as Alabama residents, after obtaining a Nonresident Alabama Boater Safety Certification. Nonresidents may be examined and obtain certification in any county and the certification shall be entitled "Nonresident Alabama Boater Safety Certification," but under no circumstances shall a person be granted any privileges of operation beyond those granted to an Alabama resident certification holder of the same age.

"(f) A person operating a vessel pursuant to a valid and legal commercial activity, shall, during the period of time of that activity only, be is exempt from the requirement of boater safety certification. Otherwise, the person shall be subject to the requirement.

"(g) A person, while using a rental vessel, shall be exempt from the certification requirements of this section if all of the following conditions are met:

"(1) The person rents a vessel from a boat rental business duly licensed by the municipality or the county if the following three conditions are met:.

"a. (2) The rental contract specifies that the lessee has been instructed in the proper and safe operation of the vessel by the lessor or the authorized agent of the lessor, and.

"b. (3) The lessor in fact has complied with the terms of rental contract and all parties sign the contract, and.

"c. (4) The lessee signs a statement that the lessee is not currently under suspension or revocation of any boater safety certification or vessel operation privilege in this state.

§33-5-72.

"(a) It shall be unlawful on the waters of this state for any person to operate, or give permission to another person to operate, any vessel less than 24 26 feet in length having an open construction and having more than 50 horsepower, unless the vessel is equipped with an emergency engine or motor shut-off switch.

"(b) The shut-off switch referred to in subsection (a), shall be a lanyard-type engine cutoff switch and shall be attached to the person, clothing, or personal flotation device of the operator, as is appropriate, and shall be constructed and installed in a manner so that when in use, any removal of the operator from the normal operating station will result in the immediate shut-off of the engine or motor.

"(c) For the purpose of this section, "open construction" means any vessel described herein not having a permanently affixed top or cabin.

"(d) Any person violating this section shall be guilty of a Class B misdemeanor, and upon conviction shall be punishable as provided by Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less than one hundred dollars ($100)."

Section 2. In addition to any other penalties for driving under the influence as provided in Section 32-5A-191, Code of Alabama 1975, upon conviction of an offense under Section 32-5A-191, Code of Alabama 1975, the Alabama State Law Enforcement Agency shall suspend an individual's vessel operating privilege or boater safety certification under the same conditions and in the same manner as provided in Section 32-5A-191, Code of Alabama 1975, excluding any ignition interlock requirements.

Section 3. 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 4. 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.

Vessels

Personal Watercraft

Conservation and Natural Resources Department

Code Amended