Struck = removed from the bill ·
added = the amendment's new text.
HB375T4FY115-1 ENROLLED04/01/2024 CMH (L)bm 2024-1016 SUB HB375 T4FY115-3PUBLIC BySAFETY RepresentativesAND Shaver,HOMELAND Oliver,SECURITY Wadsworth,SUBSTITUTE Woods,TO ColvinHB375 RFD:OFFERED BY REPRESENTATIVE SHAVER 2 4 SYNOPSIS:
PublicUnder Safetyexisting andlaw, Homelanda Securitynonresident Firstwhose Read: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-24Also Pageunder 0existing HB375law, Enrolleda Enrolled,person Anof Act,whom 3boater Relatingsafety tocertification vessels;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 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) 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.
(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.
(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.
(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.
Page 56 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.
John Treadwell Clerk Senate 08-May-24 Passed Page 6