Amendment vs bill Amendment T4FY115-1 vs Enrolled

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HB375 ENROLLED HB375 T4FY115-3 By Representatives Shaver, Oliver, Wadsworth, Woods, Colvin RFD:
T4FY115-1 04/01/2024 CMH (L)bm 2024-1016 SUB HB375 PUBLIC SAFETY AND HOMELAND SECURITY SUBSTITUTE TO HB375 OFFERED BY REPRESENTATIVE SHAVER 2 4 SYNOPSIS:
Public Safety and Homeland Security First Read:
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.
21-Mar-24 Page 0 HB375 Enrolled Enrolled, An Act, 3 Relating to vessels;
Also under existing law, a person of whom boater safety certification is required who operates a vessel without the required boater safety certification is guilty of a boating violation.
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.
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 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 Page 1 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 section.
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 section.
A BILL TO BE ENTITLED AN ACT Relating to vessels;
"§33-5-52 (a)(1) Every person shall procure a boater safety certification before operating a motorized vessel upon the waters of this state.
"§33-5-52 Page 2 (a)(1) Every person shall procure a boater safety certification before operating a motorized vessel upon the waters of this state.
Page 1 HB375 Enrolled b.2.
b.2.
(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.
(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 Page 3 or card, shall expire on the expiration date of the person's valid Alabama motor vehicle driver or learner license or card.
A grace period of 60 days after the expiration date of certification shall exist for the purpose of certification renewal and the certification shall Page 2 HB375 Enrolled be valid for this time period.
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.
(d) Nonresidents 12 or more 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, including those individuals described in Section 33-5-57(b).
(d) Nonresidents 12 or more 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 Page 4 be granted any privileges of operation beyond those granted to an Alabama resident certification holder of the same age, including those individuals described in Section 33-5-57(b).
Otherwise, any nonresidents shall be examined and certifiedExcept as provided in subsections (f) and (g), 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 Page 3 HB375 Enrolled state or country, or after obtaining a Nonresident Alabama Boater Safety Certification upon examination and certification under the same terms and conditions as Alabama residents.
Otherwise, any nonresidents shall be examined and certifiedExcept as provided in subsections (f) and (g), 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 after obtaining a Nonresident Alabama Boater Safety Certification upon examination and certification under the same terms and conditions as Alabama residents.
(f) A person operating a vessel pursuant to a valid and 95 legal commercial activity, during the period of time of that activity only, shall be exempt from the requirement of boater safety certification.
(f) A person operating a vessel pursuant to a valid and legal commercial activity, during the period of time of that activity only, shall be exempt from the requirement of boater safety certification.
(g) A person, while using a rental vessel registered with the Marine Patrol Division of ALEA as a rental vessel from a boat rental business duly licensed by the applicable municipality or county or from a state-owned marina, shall be exempt from the certification requirements of this section if the following conditions are met:
(g) A person, while using a rental vessel registered Page 5 with the Marine Patrol Division of ALEA as a rental vessel from a boat rental business duly licensed by the applicable municipality or county or from a state-owned marina, shall be exempt from the certification requirements of this section if the following conditions are met:
Page 4 HB375 Enrolled (4) A copy of the applicable rental contract is on board the vessel while the vessel is in operation.
(4) A copy of the applicable rental contract is on board the vessel while the vessel is in operation.
Page 5 HB375 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 09-Apr-24, as amended.
Page 6
John Treadwell Clerk Senate 08-May-24 Passed Page 6