Alabama 2023 Regular Session Status: Enacted 1 R cosponsors

HB 358 — 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.

Last action — Enacted as 2023-363

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 20, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 72% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Vessels, operation of vessels, further provided; various boater safety laws, penalty for violation reclassified as boating violations;

Bill Text

What changed in the latest version

2041 added · 2040 removed

Plain-language change summary

The latest version of Bill HB 358 adds details about establishing a uniform electronic boating traffic ticket and outlines the specific requirements for vessel horsepower and the use of engine cut-off switches. These changes are important because they clarify how boating violations will be handled and enforced, making it easier to ensure safety on the water. By introducing clearer penalties and reporting requirements, the bill aims to improve boating safety and accountability.

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HB358 ENGROSSED 11A63Z-2 By Representatives Shaver, Pettus RFD:
HB358 ENROLLED 11A63Z-3 By Representatives Shaver, Pettus RFD:
20-Apr-23 2023 Regular Session Page 0 HB358 Engrossed 2 4 6 8 A BILL TO BE ENTITLED AN ACT Relating to vessels;
20-Apr-23 2023 Regular Session Page 0 HB358 Enrolled Enrolled, An Act, 3 5 Relating to vessels;
to amend Page 1 HB358 Engrossed 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 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 amend Section 41-27-6, Code of Alabama 1975, to rename the Marine Page 1 HB358 Enrolled Police Division within the Department of Public Safety to the Marine Patrol Division;
Page 2 HB358 Engrossed (1) ALEA.
(1) ALEA.
An offense committed on the waters of this state, which does not amount to a misdemeanor or felony, and for which this chapter authorizes a fine of not more than two hundred dollars ($200) or a sentence for a term of imprisonment in the county jail for not more than 30 days, or both.
An offense committed on the waters of this state, which does not amount to a misdemeanor or felony, and for which this chapter authorizes a fine of not more than two hundred dollars ($200) or a sentence for a term Page 2 HB358 Enrolled of imprisonment in the county jail for not more than 30 days, or both.
An individual, partnership, firm, Page 3 HB358 Engrossed corporation, association, or other entity.
An individual, partnership, firm, corporation, association, or other entity.
The commissioner of the State Department of Conservation and Natural Resources.
The commissioner of the State Page 3 HB358 Enrolled Department of Conservation and Natural Resources.
95 That department created by the laws of this state having supervision over game, fish, forestry, parks, seafoods and such lands of the state and such supervision over public waters of this state as now are constituted by law or any subsequent amendment thereto.
That department created by the laws of this state having supervision over game, fish, forestry, parks, seafoods and such lands of the state and such supervision over public waters of this state as now are constituted by law or any subsequent amendment thereto.
(8)(3) CERTIFICATE.
95 (8)(3) CERTIFICATE.
Such The term means measured from end to end over the deck from the bow to the transom, excluding sheer bowsprits, swim platforms, or engine brackets extending from the hull." "§33-5-4 (a) It is hereby expressly made the duty of the commissioner to set up a division within the Department of Conservation and Natural Resources to be known as the Page 4 HB358 Engrossed "Division of Marine Police" with sufficient personnel to perform the necessary clerical and routine work for the department in The Marine Patrol Division established pursuant to Section 41-27-6 shall be responsible for all of the following duties:
Such The term means measured from end to end over the deck from the bow to the transom, excluding sheer bowsprits, swim platforms, or engine brackets extending from the hull." "§33-5-4 (a) It is hereby expressly made the duty of the commissioner to set up a division within the Department of Conservation and Natural Resources to be known as the "Division of Marine Police" with sufficient personnel to perform the necessary clerical and routine work for the department in The Marine Patrol Division established pursuant to Section 41-27-6 shall be responsible for all of the following duties:
(1)issuing Issuing, handling, and recording vessel registration identifying numbers, including the receiving.
Page 4 HB358 Enrolled (1)issuing Issuing, handling, and recording vessel registration identifying numbers, including the receiving.
(b) The law-enforcement law enforcement officers of the Division of Marine Police of the Department of Conservation and Natural Resources Marine Patrol Division shall be known as marine police officers state troopers." "§33-5-5 In addition to all other power heretofore granted powers authorized by law, marine police officers and all other Department of Conservation and Natural Resources enforcement officers state troopers of the Marine Patrol Division shall have the power of peace officers in this state and may Page 5 HB358 Engrossed exercise such powers anywhere within the state." "§33-5-6 This article shall be enforced by the Alabama State Law Enforcement Agency, Marine Patrol Division of Marine Police, by all law enforcement officers of the state, and by other agents and employees of the agency as designated and required by the Secretary of the Alabama State Law Enforcement Agency secretary." "§33-5-7 All records of the Department of Conservation and Natural Resources, ALEA or any probate judge or license commissioner made or kept pursuant to this article shall be public records, except confidential reports and except accident reports as set out in this article." "§33-5-8 The Commissioner of Conservation and Natural Resources secretary shall supply to any authorized official or agency of the United States, upon such the agency's or official's request and in accordance with any federal law or regulation relative thereto, necessary information pertaining to statistics and reports compiled under the provisions of this article." "§33-5-10 (a) The agency secretary shall issue annual certificates of registration directly and shall authorize all judges of probate in the state or any other official in the state who is presently authorized to issue automobile license plates to issue annual certificates of registration and Page 6 HB358 Engrossed numbers in connection therewith.
(b) The law-enforcement law enforcement officers of the Division of Marine Police of the Department of Conservation and Natural Resources Marine Patrol Division shall be known as marine police officers state troopers." "§33-5-5 In addition to all other power heretofore granted powers authorized by law, marine police officers and all other Department of Conservation and Natural Resources enforcement officers state troopers of the Marine Patrol Division shall have the power of peace officers in this state and may exercise such powers anywhere within the state." "§33-5-6 This article shall be enforced by the Alabama State Law Enforcement Agency, Marine Patrol Division of Marine Police, by all law enforcement officers of the state, and by other Page 5 HB358 Enrolled agents and employees of the agency as designated and required by the Secretary of the Alabama State Law Enforcement Agency secretary." "§33-5-7 All records of the Department of Conservation and Natural Resources, ALEA or any probate judge or license commissioner made or kept pursuant to this article shall be public records, except confidential reports and except accident reports as set out in this article." "§33-5-8 The Commissioner of Conservation and Natural Resources secretary shall supply to any authorized official or agency of the United States, upon such the agency's or official's request and in accordance with any federal law or regulation relative thereto, necessary information pertaining to statistics and reports compiled under the provisions of this article." "§33-5-10 (a) The agency secretary shall issue annual certificates of registration directly and shall authorize all judges of probate in the state or any other official in the state who is presently authorized to issue automobile license plates to issue annual certificates of registration and numbers in connection therewith.
In conformity with this article and any rules adopted by the agencysecretary, the agency secretary shall assign to each issuing officer in the county a block of numbers and certificates therefor which upon issue, the issuing officer shall be allowed a fee of two dollars ($2) for each certificate issued by him or her.
In conformity with this article and any rules adopted by the agencysecretary, the agency secretary shall assign to each issuing officer in the county a block of numbers and certificates therefor which upon issue, the issuing officer shall be allowed a fee of two Page 6 HB358 Enrolled dollars ($2) for each certificate issued by him or her.
except, that no funds collected under this article may be used to supplement or pay the salaries of any law enforcement officers other than those hired specifically Page 7 HB358 Engrossed for the purposes of administering this article.
except, that no funds collected under this article may be used to supplement or pay the salaries of any law enforcement officers other than those hired specifically for the purposes of administering this article.
provided, however, that the appropriations may be expended only for the purposes designated by the Legislature and in the amounts provided therefor in the general appropriation bill and shall be budgeted and allotted in accordance with the provisions of Article 4 of Chapter 4 of Title 41.
provided, however, that the appropriations may be expended only for the purposes designated by the Legislature Page 7 HB358 Enrolled and in the amounts provided therefor in the general appropriation bill and shall be budgeted and allotted in accordance with the provisions of Article 4 of Chapter 4 of Title 41.
In the event an agency of the United States government shall have in force an overall system of identification numbering for vessels within the United States, any numbering system employed or promulgated pursuant to this article used shall conform thereto to the federal requirements." "§33-5-15 (a) Any vessel already covered by a number in full force and effect which has been awarded to it pursuant to the operative federal law or federally approved numbering system Page 8 HB358 Engrossed of another state may be operated on the waters of this state for a period of 90 consecutive days without being licensed under the provisions of this article.
In the event an agency of the United States government shall have in force an overall system of identification numbering for vessels within the United States, any numbering system employed or promulgated pursuant to this article used shall conform thereto to the federal requirements." "§33-5-15 (a) Any vessel already covered by a number in full force and effect which has been awarded to it pursuant to the operative federal law or federally approved numbering system of another state may be operated on the waters of this state for a period of 90 consecutive days without being licensed under the provisions of this article.
Any vessel operating for more than 90 consecutive days must then be registered and licensed in the same manner as other vessels are required to be licensed under this article.
Any vessel operating for more than 90 consecutive days must then be registered and licensed in the same manner as other vessels are required to Page 8 HB358 Enrolled be licensed under this article.
provided, however, that any such citizen or residentperson who has previously registered his or her vessel in another state or by federal registry before coming into this state may operate same the vessel for a period of 90 consecutive days without being required to register under the provisions of this article." Page 9 HB358 Engrossed "§33-5-16 (a) The owner shall furnish the Department of Conservation and Natural Resources secretary notice of the transfer of all or any part of his or her interest other than the creation of a security interest in a vessel numbered in this state pursuant to this article or of the destruction or abandonment of such the vessel within 15 days thereof.
provided, however, that any such citizen or residentperson who has previously registered his or her vessel in another state or by federal registry before coming into this state may operate same the vessel for a period of 90 consecutive days without being required to register under the provisions of this article." "§33-5-16 (a) The owner shall furnish the Department of Conservation and Natural Resources secretary notice of the transfer of all or any part of his or her interest other than the creation of a security interest in a vessel numbered in Page 9 HB358 Enrolled this state pursuant to this article or of the destruction or abandonment of such the vessel within 15 days thereof.
(b) Any holder of a certificate shall notify the Department of Conservation and Natural Resources ALEA within 15 days if his or her address no longer conforms to the address appearing on the certificate and shall, as a part of such the notification, shall furnish the Department of Conservation and Natural Resources ALEA with his or her new address.
(b) Any holder of a certificate shall notify the Department of Conservation and Natural Resources ALEA within days if his or her address no longer conforms to the address appearing on the certificate and shall, as a part of such the notification, shall furnish the Department of Conservation and Natural Resources ALEA with his or her new address.
(c) Any person who has purchased a registrationvessel number for his or her vessel and subsequently loses or misplaces the registration certificate may make application to the Department of Conservation and Natural Resources ALEA, Page 10 HB358 Engrossed accompanied by a fee of three dollars ($3) for a duplicate registration certificate.
(c) Any person who has purchased a registrationvessel number for his or her vessel and subsequently loses or misplaces the registration certificate may make application to the Department of Conservation and Natural Resources ALEA, accompanied by a fee of three dollars ($3) for a duplicate registration certificate.
(d) The Commissioner of Conservation and Natural Resources is authorized to provide by duly promulgated regulation secretary may provide a system wherein through which the judges of probate judges and license commissioners in this state may issue duplicate registration certificates, and, in the event such probate judges and license commissioners issue such duplicate registration certificates, they.
Page 10 HB358 Enrolled (d) The Commissioner of Conservation and Natural Resources is authorized to provide by duly promulgated regulation secretary may provide a system wherein through which the judges of probate judges and license commissioners in this state may issue duplicate registration certificates, and, in the event such probate judges and license commissioners issue such duplicate registration certificates, they.
(b) Such Special agents shall receive licenses from the Department of Conservation and Natural Resources ALEA in the Page 11 HB358 Engrossed same manner as the judges of probate judges and license commissioners and shall make such any reports and be subject to such any audits as the Commissioner of Conservation and Natural Resources secretary may specify.
(b) Such Special agents shall receive licenses from the Department of Conservation and Natural Resources ALEA in the same manner as the judges of probate judges and license commissioners and shall make such any reports and be subject to such any audits as the Commissioner of Conservation and Natural Resources secretary may specify.
Special agents so appointed shall make returns to the Department of Conservation and Natural Resources ALEA in the same manner as judges of probate judges and license commissioners.
Special agents so appointed shall make returns to the Department of Conservation Page 11 HB358 Enrolled and Natural Resources ALEA in the same manner as judges of probate judges and license commissioners.
(b) In the event any boat owned or used by the livery operator for rental purposes is determined to be in an unsafe or unseaworthy condition, the Department of Conservation and Page 12 HB358 Engrossed Natural ResourcesALEA shall immediately notify the livery operator in writing as to the unsafe or unseaworthy condition of such the boat or boats.
(b) In the event any boat owned or used by the livery operator for rental purposes is determined to be in an unsafe or unseaworthy condition, the Department of Conservation and Natural ResourcesALEA shall immediately notify the livery operator in writing as to the unsafe or unseaworthy condition of such the boat or boats.
found to be in such condition;
found Page 12 HB358 Enrolled to be in such condition;
(b) All such safety equipment and safety navigation lights required by this section shall meet such the minimum standards as that the Commissioner of Conservation and Natural Resources secretary may from time to time establish adopt by Page 13 HB358 Engrossed rule as minimum safety equipment and navigation lights, and all such safety equipment and safety lights above the minimum requirements which are required by the rules and regulations of the Department of Conservation and Natural Resources shall conform with specific standards as may be adopted by the Department of Conservation and Natural Resources.
(b) All such safety equipment and safety navigation lights required by this section shall meet such the minimum standards as that the Commissioner of Conservation and Natural Resources secretary may from time to time establish adopt by rule as minimum safety equipment and navigation lights, and all such safety equipment and safety lights above the minimum requirements which are required by the rules and regulations of the Department of Conservation and Natural Resources shall conform with specific standards as may be adopted by the Page 13 HB358 Enrolled Department of Conservation and Natural Resources.
(f)(e) Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors using gasoline as fuel, equipped with such an efficient USCG approved flame arrestor, backfire trap, or similar device as may be prescribed by the regulations duly promulgated by the Commissioner of the Department of Conservation and Natural Resources rule of the secretary." Page 14 HB358 Engrossed "§33-5-23 (a) The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
(f)(e) Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors using gasoline as fuel, equipped with such an efficient USCG approved flame arrestor, backfire trap, or similar device as may be prescribed by the regulations duly promulgated by the Commissioner of the Department of Conservation and Natural Resources rule of the secretary." "§33-5-23 (a) The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
The use of cutouts is prohibited, except for vessels competing in a regatta or official boat race event that is permitted by the Marine Patrol Division, and for such vessels while on trial runs.
The use of cutouts is prohibited, Page 14 HB358 Enrolled except for vessels competing in a regatta or official boat race event that is permitted by the Marine Patrol Division, and for such vessels while on trial runs.
In addition, the operator of the vessel shall give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the Page 15 HB358 Engrossed collision, accident, incident, or other casualty.
In addition, the operator of the vessel shall give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, incident, or other casualty.
(b) In the case of When a collision, accident, incident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results results in the death or injury to of a person or damage to property in excess of two thousand dollars ($2,000), shall within 10 days 24 hours, the operator of the vessel shall file with the Department of Conservation and Natural Resources ALEA a full description of the collision, accident, incident, or other casualty, including such any information as the Department of Conservation and Natural Resources by regulation may require required by the secretary by rule.
(b) In the case of When a collision, accident, incident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results results in the death or injury to of a person or damage to Page 15 HB358 Enrolled property in excess of two thousand dollars ($2,000), shall within 10 days 24 hours, the operator of the vessel shall file with the Department of Conservation and Natural Resources ALEA a full description of the collision, accident, incident, or other casualty, including such any information as the Department of Conservation and Natural Resources by regulation may require required by the secretary by rule.
Notwithstanding the foregoing, upon the demand of any Page 16 HB358 Engrossed person who has made, or claims to have made, such a report, or upon demand of any court, ALEA shall furnish a certificate showing that a specified accident report has or has not been made to the Department of Conservation and Natural Resources ALEA solely to prove a compliance or a failure to comply with the requirements that a report be made to the Department of Conservation and Natural Resources ALEA." "§33-5-26 (a) No person shall may operate a vessel on any waters of this state for towing a person or persons, on water skis, or an aquaplane, or any other recreational device, unless there is in the vessel a person, in addition to the operator, there is another person in the vessel who is at least 12 years of age and is observing and is capable of communicating to the operator of the vessel the progress and safety of the person or persons being towed, or the vessel is equipped with a wide angle mirror with a viewing surface of at least 78 square inches and a field of vision of at least 170 degrees.
Notwithstanding the foregoing, upon the demand of any person who has made, or claims to have made, such a report, or upon demand of any court, ALEA shall furnish a certificate showing that a specified accident report has or has not been made to the Department of Conservation and Natural Resources ALEA solely to prove a compliance or a failure to comply with Page 16 HB358 Enrolled the requirements that a report be made to the Department of Conservation and Natural Resources ALEA." "§33-5-26 (a) No person shall may operate a vessel on any waters of this state for towing a person or persons, on water skis, or an aquaplane, or any other recreational device, unless there is in the vessel a person, in addition to the operator, there is another person in the vessel who is at least 12 years of age and is observing and is capable of communicating to the operator of the vessel the progress and safety of the person or persons being towed, or the vessel is equipped with a wide angle mirror with a viewing surface of at least 78 square inches and a field of vision of at least 170 degrees.
(c) Subsections (a) and (b) of this section do not apply to a performer engaged in a professional exhibition or a person or persons participating in an official regatta, motorboat race, marine parade, tournament, or exhibition Page 17 HB358 Engrossed permitted by the Marine Patrol Division and held in compliance with Section 33-5-27 and any rules adopted thereunder.
(c) Subsections (a) and (b) of this section do not apply to a performer engaged in a professional exhibition or a person or persons participating in an official regatta, motorboat race, marine parade, tournament, or exhibition permitted by the Marine Patrol Division and held in compliance with Section 33-5-27 and any rules adopted thereunder.
(d) No person except in jump buoys and like objects used normally in competitive and recreational skiing shall may operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, aquaplane, or any other recreational device may be affected or controlled in a manner to cause the water skis, aquaplane, or other recreational device, or any person thereon, to collide with or strike against any object or person.
(d) No person except in jump buoys and like objects used normally in competitive and recreational skiing shall may operate or manipulate any vessel, tow rope, or other device by Page 17 HB358 Enrolled which the direction or location of water skis, aquaplane, or any other recreational device may be affected or controlled in a manner to cause the water skis, aquaplane, or other recreational device, or any person thereon, to collide with or strike against any object or person.
(b) Any person or organization sponsoring a regatta, motorboat, or other boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection from marine traffic interference and hazards." Page 18 HB358 Engrossed "§33-5-28 The Commissioner of the Department of Conservation and Natural Resources secretary shall make, adopt, promulgate, amend and repeal all rules and regulations necessary or convenient for the carrying out of the duties and obligations and powers conferred on the said Commissioner of the Department of Conservation and Natural Resources by administration of this article.
(b) Any person or organization sponsoring a regatta, motorboat, or other boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection from marine traffic interference and hazards." "§33-5-28 The Commissioner of the Department of Conservation and Natural Resources secretary shall make, adopt, promulgate, amend and repeal all rules and regulations necessary or convenient for the carrying out of the duties and obligations Page 18 HB358 Enrolled and powers conferred on the said Commissioner of the Department of Conservation and Natural Resources by administration of this article.
Further clarifying the rule-making power of the commissioner, he shall have power and authority to make, adopt, promulgate, amend and repeal all rules and regulations as shall promote safety for persons and property in and connected with the use, operation and equipment of vessels and for the carrying out of duties, obligations and powers conferred upon the Commissioner of the Department of Conservation and Natural Resources by this article, subject to such supervision of the Advisory Board of Conservation and Natural Resources as set out in Section 9-2-15." "§33-5-30 All rules and regulations duly promulgated adopted under the provisions of this article by the Commissioner of Conservation and Natural Resources secretary shall be admitted as evidence in the courts of this state when accompanied by an affidavit from the Commissioner of Conservation and Natural Resources secretary certifying that the rule or regulation has been lawfully adopted and promulgated and such the affidavit shall be prima facie evidence of proper adoption and promulgation of the rule or regulation." Page 19 HB358 Engrossed "§33-5-31 (a)(1) The provisions of this article and chapter, rules and regulations promulgated adopted pursuant thereto, and other general laws of this state shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel shall be operated to the operation of a vessel on the waters of this state, or when any activity regulated by this article shall take place thereon, but nothing.
Further clarifying the rule-making power of the commissioner, he shall have power and authority to make, adopt, promulgate, amend and repeal all rules and regulations as shall promote safety for persons and property in and connected with the use, operation and equipment of vessels and for the carrying out of duties, obligations and powers conferred upon the Commissioner of the Department of Conservation and Natural Resources by this article, subject to such supervision of the Advisory Board of Conservation and Natural Resources as set out in Section 9-2-15." "§33-5-30 All rules and regulations duly promulgated adopted under the provisions of this article by the Commissioner of Conservation and Natural Resources secretary shall be admitted as evidence in the courts of this state when accompanied by an affidavit from the Commissioner of Conservation and Natural Resources secretary certifying that the rule or regulation has been lawfully adopted and promulgated and such the affidavit shall be prima facie evidence of proper adoption and promulgation of the rule or regulation." "§33-5-31 (a)(1) The provisions of this article and chapter, rules and regulations promulgated adopted pursuant thereto, and other general laws of this state shall govern the operation, equipment, numbering and all other matters relating Page 19 HB358 Enrolled thereto whenever any vessel shall be operated to the operation of a vessel on the waters of this state, or when any activity regulated by this article shall take place thereon, but nothing.
(2) The public notice shall be effected by the said subdivision causing publishing a copy of the proposed public rules or regulations to be published one time per week for Page 20 HB358 Engrossed four consecutive weeks in a newspaper of general circulation within the area that the subdivision is located.
(2) The public notice shall be effected by the said subdivision causing publishing a copy of the proposed public rules or regulations to be published one time per week for four consecutive weeks in a newspaper of general circulation within the area that the subdivision is located.
(c) The commissioner is hereby authorized to make secretary may adopt special rules and regulations with reference to regulating the operation of vessels on any waters within the territorial limits of any subdivision of this state." "§33-5-32 District courts of any county of the State of Alabama shall have and are hereby given final jurisdiction to try and convict persons, firms or corporations violating any of the provisions of this chapter or the rules and regulations promulgated adopted thereunder, subject to any proper appeal;
(c) The commissioner is hereby authorized to make secretary may adopt special rules and regulations with reference to regulating the operation of vessels on any waters Page 20 HB358 Enrolled within the territorial limits of any subdivision of this state." "§33-5-32 District courts of any county of the State of Alabama shall have and are hereby given final jurisdiction to try and convict persons, firms or corporations violating any of the provisions of this chapter or the rules and regulations promulgated adopted thereunder, subject to any proper appeal;
and they shall remit to the commissioner secretary, on or before the tenth day of each month, all fines and forfeitures collected by them for the violation of such laws, rules and regulations, together with a statement of the name of the person, firm or corporation convicted of such violation, the time date of such the conviction, the amount of the fine or penalty, the date of the remittance, and the specific charge for which the defendant was tried." "§33-5-34 Notwithstanding any other law to the contrary, in all criminal and quasi-criminal proceedings against a defendant for a boating violation, when a defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile delinquent or youthful offender, or when a bond is forfeited and the result of the forfeiture is a final disposition of the case, or where Page 21 HB358 Engrossed any penalty is imposed, any court costs, docket fees, and other fees and taxes assessed for traffic infractions under Chapter 19 of Title 12 and Section 15-23-17 shall be imposed in like manner against the defendant.When an arrest for violation of the provisions of this article or regulations promulgated thereunder is made by a salaried officer not employed by the Department of Conservation and Natural Resources and the defendant is convicted, there shall be taxed as cost the same fee as a sheriff in this state is entitled to for similar services and if collected from the defendant it shall be immediately remitted by the trial court directly to the treasurer of the county in which the offense occurred.
and they shall remit to the commissioner secretary, on or before the tenth day of each month, all fines and forfeitures collected by them for the violation of such laws, rules and regulations, together with a statement of the name of the person, firm or corporation convicted of such violation, the time date of such the conviction, the amount of the fine or penalty, the date of the remittance, and the specific charge for which the defendant was tried." "§33-5-34 Notwithstanding any other law to the contrary, in all criminal and quasi-criminal proceedings against a defendant for a boating violation, when a defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile delinquent or youthful offender, or when a bond is forfeited and the result of the forfeiture is a final disposition of the case, or where any penalty is imposed, any court costs, docket fees, and other fees and taxes assessed for traffic infractions under Chapter 19 of Title 12 and Section 15-23-17 shall be imposed in like manner against the defendant.When an arrest for violation of the provisions of this article or regulations Page 21 HB358 Enrolled promulgated thereunder is made by a salaried officer not employed by the Department of Conservation and Natural Resources and the defendant is convicted, there shall be taxed as cost the same fee as a sheriff in this state is entitled to for similar services and if collected from the defendant it shall be immediately remitted by the trial court directly to the treasurer of the county in which the offense occurred.
In the event the arrest is made by a county officer, salaried or nonsalaried, 50 percent of the fine shall Page 22 HB358 Engrossed be remitted to the credit of the county treasury of the county in which the offense was committed, and the remaining 50 percent of the fine shall be remitted to the State Treasury for deposit to the "State Water Safety Fund." In the event the arrest is made by an officer other than a county officer, the fine shall be remitted to the State Treasurer for deposit to the "State Water Safety Fund."" "§33-5-35 Any person convicted of violating any provision of this article chapter, except as set out otherwise provided in subsection (c) of Section 33-5-24, shall be guilty of a misdemeanor boating violation and upon conviction thereof shall be fined not less than $10.00 nor more than $100.00 and costs for each such violation shall be sentenced by the court to any of the following:
In the event the arrest is made by a county officer, salaried or nonsalaried, 50 percent of the fine shall be remitted to the credit of the county treasury of the county in which the offense was committed, and the remaining 50 percent of the fine shall be remitted to the State Treasury for deposit to the "State Water Safety Fund." In the event the arrest is made by an officer other than a county officer, the Page 22 HB358 Enrolled fine shall be remitted to the State Treasurer for deposit to the "State Water Safety Fund."" "§33-5-35 Any person convicted of violating any provision of this article chapter, except as set out otherwise provided in subsection (c) of Section 33-5-24, shall be guilty of a misdemeanor boating violation and upon conviction thereof shall be fined not less than $10.00 nor more than $100.00 and costs for each such violation shall be sentenced by the court to any of the following:
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(b) Boating violations shall be deemed violations as described under Section 13A-5-3(d)." "§33-5-36 The Commissioner of Conservation and Natural Resources is authorized to provide by duly promulgated regulation secretary, by rule, may establish a system for issuing warning citations under such conditions as he may deem proper." "§33-5-51 Page 23 HB358 Engrossed (a) As used in this section chapter, "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) Boating violations shall be deemed violations as described under Section 13A-5-3(d)." "§33-5-36 The Commissioner of Conservation and Natural Resources is authorized to provide by duly promulgated regulation secretary, by rule, may establish a system for issuing warning citations under such conditions as he may deem proper." "§33-5-51 (a) As used in this section chapter, "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 Page 23 HB358 Enrolled conventional manner of sitting or standing inside the vessel.
Weaving through congested vessel traffic at high Page 24 HB358 Engrossed speed, following.
Weaving through congested vessel traffic at high speed, following.
Jumping the wake of another vessel travelling traveling in the same direction in close proximity to the vessel, cutting.
Jumping the wake of another vessel travelling Page 24 HB358 Enrolled traveling in the same direction in close proximity to the vessel, cutting.
(f) It is unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit these the personal watercraft to be operated on the waters of this state Page 25 HB358 Engrossed by a person in violation of this section.
(f) It is unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit these the personal watercraft to be operated on the waters of this state by a person in violation of this section.
(g) No person shall tow any person by personal watercraft unless the personal watercraft is equipped with a rearview mirror mirrors meeting the specifications established by regulation of the Commissioner of the Department of Conservation and Natural Resources rule of the secretary.
(g) No person shall tow any person by personal watercraft unless the personal watercraft is equipped with a rearview mirror mirrors meeting the specifications established by regulation of the Commissioner of the Department of Page 25 HB358 Enrolled Conservation and Natural Resources rule of the secretary.
(2) Notwithstanding anything any law to the contrary herein, Page 26 HB358 Engrossed an Alabama resident 16 years of age and or older, 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 both of the following conditions are met:
(2) Notwithstanding anything any law to the contrary herein, an Alabama resident 16 years of age and or older, 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 both of the following conditions are met:
(1)a.
Page 26 HB358 Enrolled (1)a.
(c) Every boater safety certification issued under this article may be renewed at the end of the certification period Page 27 HB358 Engrossed without examination upon application.
(c) Every boater safety certification issued under this article may be renewed at the end of the certification period without examination upon application.
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.
A grace period of 60 days Page 27 HB358 Enrolled after the expiration date of certification shall exist for the purpose of certification renewal and the certification shall be valid for this time period.
(e) Nonresidents at least 12 or more years of age whose home state or country does not require boater safety Page 28 HB358 Engrossed 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.
(e) Nonresidents at least 12 or more 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 under the same terms and conditions as Alabama residents.
Otherwise, any nonresidents shall be examined and certified under the same terms and conditions as Alabama Page 28 HB358 Enrolled residents.
Page 29 HB358 Engrossed c.(3) 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.
c.(3) 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.
(4) A copy of the applicable rental contract is on board the vessel while the vessel is in operation." "§33-5-53 (a)(1) Every person who applies for a boater safety certification under this article, except as otherwise provided in this subsection, shall pay a five dollar ($5) application fee and shall be given either a certificate of exemption from examination, if applicable, or will be given an a written or oral examination, either written or oral, before applying to the judge of probate or license commissioner for the issuance of the certification.
(4) A copy of the applicable rental contract is on Page 29 HB358 Enrolled board the vessel while the vessel is in operation." "§33-5-53 (a)(1) Every person who applies for a boater safety certification under this article, except as otherwise provided in this subsection, shall pay a five dollar ($5) application fee and shall be given either a certificate of exemption from examination, if applicable, or will be given an a written or oral examination, either written or oral, before applying to the judge of probate or license commissioner for the issuance of the certification.
The person shall first apply to either the officer, state trooper, or duly authorized agent of the Director of Public Safety, the individual designated by the Director of Public Safetysecretary to conduct examinations for the county of the applicant's residence, and a minor shall furnish a certified copy of a birth certificate or a certified Page 30 HB358 Engrossed statement from the county superintendent of education in which the applicant resides or the superintendent of the school which the person attends, to prove age and upon proof shall immediately be examined.
The person shall first apply to either the officer, state trooper, or duly authorized agent of the Director of Public Safety, the individual designated by the Director of Public Safetysecretary to conduct examinations for the county of the applicant's residence, and a minor shall furnish a certified copy of a birth certificate or a certified statement from the county superintendent of education in which the applicant resides or the superintendent of the school which the person attends, to prove age and upon proof shall immediately be examined.
Any operator of a boat who is 40 years of age or older, whether a resident or a non-resident, as of April 28, 1994, shall be granted a certificate of exemption only from the certification examination requirements of this article, but shall be subject to all the other requirements of this article.
Any operator of a boat who is 40 years of age or Page 30 HB358 Enrolled older, whether a resident or a non-resident, as of April 28, 1994, shall be granted a certificate of exemption only from the certification examination requirements of this article, but shall be subject to all the other requirements of this article.
(a) United States Power Squadron, (b) United States Coast Guard Auxiliary, or Page 31 HB358 Engrossed (c) any State of Alabama Marine Police Division approved boating safety course, shall be exempt from the examination requirements, and shall be issued a certificate of exemption from examination, for a boater safety certification, but shall be subject to all other requirements of this article.
(a) United States Power Squadron, (b) United States Coast Guard Auxiliary, or (c) any State of Alabama Marine Police Division approved boating safety course, shall be exempt from the examination requirements, and shall be issued a certificate of exemption from examination, for a boater safety certification, but shall be subject to all other requirements of this article.
(b) A person may be examined in a county other than the county designated by the Director of Public Safety secretary by agreement in writing with the Director of Public Safety secretary.
Page 31 HB358 Enrolled (b) A person may be examined in a county other than the county designated by the Director of Public Safety secretary by agreement in writing with the Director of Public Safety secretary.
The person shall present the certificate, or the certificate of exemption from Page 32 HB358 Engrossed examination if applicable, to the judge of probate or license commissioner of the county, together with the application for a boater safety certification, and the judge of probate or license commissioner shall attach the certificate to the application and forward it to the Director of Public Safety secretary along with the application at the time the application is sent.
The person shall present the certificate, or the certificate of exemption from examination if applicable, to the judge of probate or license commissioner of the county, together with the application for a boater safety certification, and the judge of probate or license commissioner shall attach the certificate to the application and forward it to the Director of Public Safety Page 32 HB358 Enrolled secretary along with the application at the time the application is sent.
Page 33 HB358 Engrossed (2) Subject to the other provisions of this section, the judge of probate or license commissioner shall take a color photograph of the holder, with equipment to be furnished by the Department of Public Safety secretary, to be attached to each application.
(2) Subject to the other provisions of this section, the judge of probate or license commissioner shall take a color photograph of the holder, with equipment to be furnished by the Department of Public Safety secretary, to be attached to each application.
(b) It is the legislative intent to implement and maintain a boater safety certification program at the lowest possible cost to the citizens of Alabama.
Page 33 HB358 Enrolled (b) It is the legislative intent to implement and maintain a boater safety certification program at the lowest possible cost to the citizens of Alabama.
(d) Notwithstanding anything to the contrary, in the event the applicant is, at the time of issuance, also issued a valid Alabama motor vehicle driver or learner license or valid Page 34 HB358 Engrossed Alabama nondriver identification card, then the applicant shall not be required to pay any additional amount for the boater safety certification.
(d) Notwithstanding anything to the contrary, in the event the applicant is, at the time of issuance, also issued a valid Alabama motor vehicle driver or learner license or valid Alabama nondriver identification card, then the applicant shall not be required to pay any additional amount for the boater safety certification.
(e) Any person given a citation for failure to have a boater safety certification who had a current, valid boater safety certification at the time of the citation which was not on his or her person at the time the citation was issued, may present the boater safety certification to the court or the court clerk and the citation shall be dismissed without the payment of any costs." "§33-5-55 At the close of business on Monday of each week, when any application has been received, the judge of probate receiving the application shall prepare a report upon a form which shall be provided by the Director of Public Safety secretary.
(e) Any person given a citation for failure to have a boater safety certification who had a current, valid boater Page 34 HB358 Enrolled safety certification at the time of the citation which was not on his or her person at the time the citation was issued, may present the boater safety certification to the court or the court clerk and the citation shall be dismissed without the payment of any costs." "§33-5-55 At the close of business on Monday of each week, when any application has been received, the judge of probate receiving the application shall prepare a report upon a form which shall be provided by the Director of Public Safety secretary.
Except as otherwise provided in Page 35 HB358 Engrossed this article, the judge of probate shall also at that time deliver to the State Treasurer the amount of all the fees collected, less one dollar fifty cents ($1.50) for each boater safety certification issued, which sum shall be retained by him or her.
Except as otherwise provided in this article, the judge of probate shall also at that time deliver to the State Treasurer the amount of all the fees collected, less one dollar fifty cents ($1.50) for each boater safety certification issued, which sum shall be retained by him or her.
Except in counties where the judge of probate is compensated by fees, each one dollar fifty cents ($1.50) retained by the judge of probate shall be paid into the public highway and traffic fund of the county.
Except in counties where the judge of probate is Page 35 HB358 Enrolled compensated by fees, each one dollar fifty cents ($1.50) retained by the judge of probate shall be paid into the public highway and traffic fund of the county.
In counties where the judge of probate is compensated by fees, two-fifths of each one dollar fifty cents ($1.50) retained by the judge of 991 probate shall be for his or her own use, and no other or further charge shall be made for services rendered in taking or receiving applications or issuing permits.
In counties where the judge of probate is compensated by fees, two-fifths of each one dollar fifty cents ($1.50) retained by the judge of probate shall be for his or her own use, and no other or further charge shall be made for services rendered in taking or receiving applications or issuing permits.
This section, providing for the allocation of the one dollar fifty cents ($1.50) retained by the judge of probate in counties where the judge of probate is compensated by fees, shall not repeal any local statutes or general statutes of local application providing for a different allocation of the one dollar fifty cents ($1.50).
This section, providing for the allocation 991 of the one dollar fifty cents ($1.50) retained by the judge of probate in counties where the judge of probate is compensated by fees, shall not repeal any local statutes or general statutes of local application providing for a different allocation of the one dollar fifty cents ($1.50).
All money deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Department of Public Safety shall be expended for law enforcement purposes and shall be appropriated on a continuous basis and shall not revert to the General Fund of the State Treasury." Page 36 HB358 Engrossed "§33-5-56 (a) Each boater safety certification issued by the Department of Public Safety ALEA, except for temporary certifications issued pursuant to Section 33-5-54, or except special circumstances as determined by the Director of the Department of Public Safety secretary, shall bear thereon a distinguishing number assigned to the holder and a color photograph of the holder, the name, birth date, address, and a description of the holder, who, for the purpose of identification and as a condition precedent to the validity of the certification, immediately upon receipt thereof, shall endorse his or her usual or regular signature in ink or electronically upon the certification in the space provided, unless a facsimile of the holder's signature appears.
All money deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Department of Public Safety shall be expended for law enforcement purposes and shall be appropriated on a continuous basis and shall not revert to the General Fund of the State Treasury." "§33-5-56 (a) Each boater safety certification issued by the Department of Public Safety ALEA, except for temporary certifications issued pursuant to Section 33-5-54, or except special circumstances as determined by the Director of the Page 36 HB358 Enrolled Department of Public Safety secretary, shall bear thereon a distinguishing number assigned to the holder and a color photograph of the holder, the name, birth date, address, and a description of the holder, who, for the purpose of identification and as a condition precedent to the validity of the certification, immediately upon receipt thereof, shall endorse his or her usual or regular signature in ink or electronically upon the certification in the space provided, unless a facsimile of the holder's signature appears.
Page 37 HB358 Engrossed (c) Notwithstanding anything any other law to the contrary, in the event a person is issued a valid Alabama motor vehicle driver or learner license, or valid Alabama nondriver identification card at the same time as issuance of the boater safety certification, the certification shall consist of a notification on the driver or learner license or the identification card, at no additional cost for notification, that the person is also the holder of a boater safety certification.
(c) Notwithstanding anything any other law to the contrary, in the event a person is issued a valid Alabama motor vehicle driver or learner license, or valid Alabama nondriver identification card at the same time as issuance of the boater safety certification, the certification shall Page 37 HB358 Enrolled consist of a notification on the driver or learner license or the identification card, at no additional cost for notification, that the person is also the holder of a boater safety certification.
(b) Notwithstanding any law, or rule to the contrary, or regulation, the Department of Public Safety secretary shall not refuse to issue or renew any certification for the operation of a vessel on the grounds of physical appearance, speculations, or generalizations that the individual's physical impairment would impede that person's ability to operate a vessel in a safe manner without probable cause to Page 38 HB358 Engrossed believe the person's ability to operate a vessel in a safe manner is in fact impaired.
(b) Notwithstanding any law, or rule to the contrary, or regulation, the Department of Public Safety secretary shall not refuse to issue or renew any certification for the operation of a vessel on the grounds of physical appearance, speculations, or generalizations that the individual's physical impairment would impede that person's ability to operate a vessel in a safe manner without probable cause to believe the person's ability to operate a vessel in a safe manner is in fact impaired.
(c) If the department refuses to issue a person's application for a certification is denied or arbitrarily questions the person's abilities, based on the physical appearance or speculated inability of the person to operate a vessel in a safe manner, the person shall have a right to an impartial hearing before the Director of Public Safety secretary or his or her designee.
(c) If the department refuses to issue a person's application for a certification is denied or arbitrarily questions the person's abilities, based on the physical Page 38 HB358 Enrolled appearance or speculated inability of the person to operate a vessel in a safe manner, the person shall have a right to an impartial hearing before the Director of Public Safety secretary or his or her designee.
No person charged with violating this section shall be convicted, if the person produces in court or in the office of the arresting officer a boater safety Page 39 HB358 Engrossed certification issued prior to the arrest and valid at the time of arrest." "§33-5-60 (a) The Director of Public Safety and Commissioner of Conservation and Natural Resources are empowered to secretary may enter into reciprocal agreements with other states constituting an exchange of rights or privileges in the use of boater safety certifications, vessel operator's certifications, or vessel operating privileges, within this state by residents of other states.
No person charged with violating this section shall be convicted, if the person produces in court or in the office of the arresting officer a boater safety certification issued prior to the arrest and valid at the time of arrest." "§33-5-60 (a) The Director of Public Safety and Commissioner of Conservation and Natural Resources are empowered to secretary Page 39 HB358 Enrolled may enter into reciprocal agreements with other states constituting an exchange of rights or privileges in the use of boater safety certifications, vessel operator's certifications, or vessel operating privileges, within this state by residents of other states.
(d) No reciprocal agreement shall authorize a person who has been a resident of this state for the past 90 or more days to operate a motorized vessel in this state without a valid boater safety certification issued by the Director of Public Safety of this state secretary." "§33-5-61 (a) The Director of Public Safety secretary, upon issuing a boater safety certification, shall have authority whenever the holder to an individual who is impaired from a physical disability, to may impose restrictions suitable to the holder's operating ability with respect to the type of or special mechanical control devices required on a vessel which that the holder may operate or other restrictions applicable Page 40 HB358 Engrossed to the holder as the Director of Public Safety or Commissioner of Conservation and Natural Resources may determine to be appropriate to assure the safe operation of a vessel by the holder.
(d) No reciprocal agreement shall authorize a person who has been a resident of this state for the past 90 or more days to operate a motorized vessel in this state without a valid boater safety certification issued by the Director of Public Safety of this state secretary." "§33-5-61 (a) The Director of Public Safety secretary, upon issuing a boater safety certification, shall have authority whenever the holder to an individual who is impaired from a physical disability, to may impose restrictions suitable to the holder's operating ability with respect to the type of or special mechanical control devices required on a vessel which that the holder may operate or other restrictions applicable to the holder as the Director of Public Safety or Commissioner of Conservation and Natural Resources may determine to be appropriate to assure the safe operation of a vessel by the holder.
(b) The Director of Public Safety secretary may either issue a special restricted certification or may set forth restrictions upon the usual certification form in the issuance of certification under subsection (a) of this section.
(b) The Director of Public Safety secretary may either Page 40 HB358 Enrolled issue a special restricted certification or may set forth restrictions upon the usual certification form in the issuance of certification under subsection (a) of this section.
Page 41 HB358 Engrossed (b) Specifically, but not by way of limitation, the commissioner may establish, by regulation, in In addition to all other penalties, the secretary, by rule, shall assign each type of boating violation a point value through the creation of a point system by which boater safety certifications may be suspended or revoked, as well as hearing procedures related to the suspension or revocation of certifications.
(b) Specifically, but not by way of limitation, the commissioner may establish, by regulation, in In addition to all other penalties, the secretary, by rule, shall assign each type of boating violation a point value through the creation of a point system by which boater safety certifications may be Page 41 HB358 Enrolled suspended or revoked, as well as hearing procedures related to the suspension or revocation of certifications.
The Commissioner of Conservation and Natural Resourcessecretary shall also file all accident reports and abstracts of court records of convictions received under the laws of this state and, in that connection, maintain convenient records or make suitable Page 42 HB358 Engrossed notations in order that an individual record of each certification holder showing the convictions of and the accidents in which the holder has been involved.
The Commissioner of Conservation and Natural Resourcessecretary shall also file all accident reports and abstracts of court records of convictions received under the laws of this state and, in that connection, maintain convenient records or make suitable notations in order that an individual record of each certification holder showing the convictions of and the accidents in which the holder has been involved.
The record shall be readily ascertainable and available for the consideration of the commissioner and director secretary upon any application for renewal of certification and at other suitable times." "§33-5-64 (a) In the event any boater safety certification issued under this article is lost or destroyed, the Secretary of ALEA may issue a duplicate to the person under the following conditions:
The record shall be readily ascertainable and available for the consideration of the commissioner and director secretary upon Page 42 HB358 Enrolled any application for renewal of certification and at other suitable times." "§33-5-64 (a) In the event any boater safety certification issued under this article is lost or destroyed, the Secretary of ALEA may issue a duplicate to the person under the following conditions:
The fee shall be collected by the director secretary, paid into the State Treasury, and credited to the Page 43 HB358 Engrossed Department of Public Safety State Water Safety Fund.
The fee shall be collected by the director secretary, paid into the State Treasury, and credited to the Department of Public Safety State Water Safety Fund.
and The fee shall not revert to the General Fund at the end of the fiscal year.
and The fee shall not revert to the General Fund at the end of Page 43 HB358 Enrolled the fiscal year.
(c)(d) Notwithstanding anything any other provision of law to the contrary, however, the in the event a person is issued a valid Alabama motor vehicle driver or learner license or valid Alabama nondriver identification card at the same time as issuance of the boater safety certification, the person shall not be required to pay any additional fees for the reissuance of a lost or destroyed boater safety certification as denoted on any reissued lost or destroyed motor vehicle driver license, when the license and a boater safety certification were previously issued at the same time." "§33-5-65 (a) Any person whose boater safety certification has been cancelled, suspended, or revoked under any provision of Alabama law, by the Commissioner of Conservation and Natural Page 44 HB358 Engrossed Resources, or by any court of competent jurisdiction shall, upon application for reinstatement of the certification, shall pay to the Director of Public Safety secretary a fee of fifty dollars ($50) for each cancellation, suspension, or revocation action.
(c)(d) Notwithstanding anything any other provision of law to the contrary, however, the in the event a person is issued a valid Alabama motor vehicle driver or learner license or valid Alabama nondriver identification card at the same time as issuance of the boater safety certification, the person shall not be required to pay any additional fees for the reissuance of a lost or destroyed boater safety certification as denoted on any reissued lost or destroyed motor vehicle driver license, when the license and a boater safety certification were previously issued at the same time." "§33-5-65 (a) Any person whose boater safety certification has been cancelled, suspended, or revoked under any provision of Alabama law, by the Commissioner of Conservation and Natural Resources, or by any court of competent jurisdiction shall, upon application for reinstatement of the certification, shall pay to the Director of Public Safety secretary a fee of fifty dollars ($50) for each cancellation, suspension, or revocation action.
An additional fifty dollars ($50) is shall be imposed if the cancelled, suspended, or revoked certification is not voluntarily surrendered within 30 days of a cancellation, suspension, or revocation notice.
An additional fifty dollars ($50) is shall be imposed Page 44 HB358 Enrolled if the cancelled, suspended, or revoked certification is not voluntarily surrendered within 30 days of a cancellation, suspension, or revocation notice.
(d) Fees collected by the director under this section shall be deposited into the State Treasury to the credit of the State Water Safety Fundretained by the Department of Public Safety and shall not be returned to the applicant for reinstatement of certification, notwithstanding what action the Commissioner of Conservation and Natural Resources may take on the person's application for reinstatement of certification." "§33-5-66 (a) Any person of whom a boater safety certification is required, who operates a motorized vessel on the waters of this state as the terms are defined in Section 33-5-3, without first complying with this article, or the rules and Page 45 HB358 Engrossed regulations promulgated adopted thereunder, shall be guilty of a Class B misdemeanor boating violation, and, upon conviction is punishable as provided in Sections 13A-5-7 and 13A-5-12.
(d) Fees collected by the director under this section shall be deposited into the State Treasury to the credit of the State Water Safety Fundretained by the Department of Public Safety and shall not be returned to the applicant for reinstatement of certification, notwithstanding what action the Commissioner of Conservation and Natural Resources may take on the person's application for reinstatement of certification." "§33-5-66 (a) Any person of whom a boater safety certification is required, who operates a motorized vessel on the waters of this state as the terms are defined in Section 33-5-3, without first complying with this article, or the rules and regulations promulgated adopted thereunder, shall be guilty of a Class B misdemeanor boating violation, and, upon conviction is punishable as provided in Sections 13A-5-7 and 13A-5-12.
(b) Any person who knowingly gives permission to operate a motorized vessel on the waters of this state, as the terms are defined in Section 33-5-3, to another person who is required to have a boater safety certification pursuant to this article and who does not have a boater safety certification in compliance with this article, or to another person required to be accompanied pursuant to this article and who is not accompanied in compliance with this article, shall be guilty of a Class C misdemeanor and, upon conviction, is punishable as provided in Sections 13A-5-7 and 13A-5-12.
Page 45 HB358 Enrolled (b) Any person who knowingly gives permission to operate a motorized vessel on the waters of this state, as the terms are defined in Section 33-5-3, to another person who is required to have a boater safety certification pursuant to this article and who does not have a boater safety certification in compliance with this article, or to another person required to be accompanied pursuant to this article and who is not accompanied in compliance with this article, shall be guilty of a Class C misdemeanor and, upon conviction, is punishable as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted shall be boating violation fined not less than twenty-five dollars Page 46 HB358 Engrossed ($25).
Any person so convicted shall be boating violation fined not less than twenty-five dollars ($25).
(e) Any person who violates any provision of this article for which no fixed punishment is prescribed, or who violates any rule or regulation promulgated as authorized by adopted pursuant to this article, shall be guilty of a Class C misdemeanor and, upon conviction, is punishable as provided in Sections 13A-5-7 and 13A-5-12.
(e) Any person who violates any provision of this article for which no fixed punishment is prescribed, or who violates any rule or regulation promulgated as authorized by adopted pursuant to this article, shall be guilty of a Class C Page 46 HB358 Enrolled misdemeanor and, upon conviction, is punishable as provided in Sections 13A-5-7 and 13A-5-12.
Any officer of the court who fails to make the reports provided for or who fails to remit any fines, penalties, or forfeitures, as provided by law, and collected under this article in the manner provided shall be guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than one hundred dollars ($100)." "§33-5-67 Any person whose boater safety certification or vessel Page 47 HB358 Engrossed operator's certification issued in this or another state or whose vessel operating privilege as a nonresident has been cancelled, suspended, or revoked, as provided in this article, and who operates any motorized vessel upon the waters of this state while certification or privilege is cancelled, suspended, or revoked shall be guilty of a Class C misdemeanor and, upon conviction, is punishable as provided in Sections 13A-5-7 and 13A-5-12.
Any officer of the court who fails to make the reports provided for or who fails to remit any fines, penalties, or forfeitures, as provided by law, and collected under this article in the manner provided shall be guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than one hundred dollars ($100)." "§33-5-67 Any person whose boater safety certification or vessel operator's certification issued in this or another state or whose vessel operating privilege as a nonresident has been cancelled, suspended, or revoked, as provided in this article, and who operates any motorized vessel upon the waters of this state while certification or privilege is cancelled, Page 47 HB358 Enrolled suspended, or revoked shall be guilty of a Class C misdemeanor and, upon conviction, is punishable as provided in Sections 13A-5-7 and 13A-5-12.
The application fees are appropriated on a continuous basis to the Department Page 48 HB358 Engrossed of Public Safety, ALEA and shall be retained by the department and utilized for boating safety or law enforcement purposes and shall not revert to the State General Fund at the end of each fiscal year." "§33-5-69 (a) All persons It shall be the duty of the parent or guardian of any child under eight years of age on board any vessel or boat of any kind on the waters of this state shall to require the child to at all times wear a United States Coast Guard approved wearable personal flotation device of proper size for the person child, except that no personal flotation device shall be required for any person child who is inside of an enclosed cabin or enclosed sleeping space regardless of whether the vessel is in operation.
The application fees are appropriated on a continuous basis to the Department of Public Safety, ALEA and shall be retained by the department and utilized for boating safety or law enforcement purposes and shall not revert to the State General Fund at the end of each fiscal year." "§33-5-69 Page 48 HB358 Enrolled (a) All persons It shall be the duty of the parent or guardian of any child under eight years of age on board any vessel or boat of any kind on the waters of this state shall to require the child to at all times wear a United States Coast Guard approved wearable personal flotation device of proper size for the person child, except that no personal flotation device shall be required for any person child who is inside of an enclosed cabin or enclosed sleeping space regardless of whether the vessel is in operation.
A person is guilty of Page 49 HB358 Engrossed the reckless operation of a vessel who if the person operates any vessel, or manipulates any water skis, aquaplane, or other marine transportation device, upon the waters of this state in willful or wanton disregard for the safety of persons or property at a speed, or in a manner likely to endanger, or likely to endanger, the life, limb, or damage the property of, or injure any person.
A person is guilty of the reckless operation of a vessel who if the person operates any vessel, or manipulates any water skis, aquaplane, or other marine transportation device, upon the waters of this state in willful or wanton disregard for the safety of persons or property at a speed, or in a manner likely to endanger, or Page 49 HB358 Enrolled likely to endanger, the life, limb, or damage the property of, or injure any person.
(c) Each person operating a vessel upon the waters of this state shall comply with all of the rules and regulations Page 50 HB358 Engrossed of the Marine Police Division of the Department of Conservation and Natural Resources of the secretary.
(c) Each person operating a vessel upon the waters of this state shall comply with all of the rules and regulations of the Marine Police Division of the Department of Conservation and Natural Resources of the secretary.
(1) A person whose violation of the rules and regulations results in a boating accident, but whose violation did not constitute reckless or careless operation of a vessel, is shall be guilty of a Class C misdemeanor punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
(1) A person whose violation of the rules and regulations results in a boating accident, but whose violation did not constitute reckless or careless operation of a vessel, Page 50 HB358 Enrolled is shall be guilty of a Class C misdemeanor punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
(d) In addition to all other penalties contained in this section, any person convicted of violating this section shall be subject to the revocation or suspension of their his or her boating safety certification or vessel operator's certification or vessel operating privileges upon the waters of this state, as provided by law and rules and regulations of the Department of Conservation and Natural Resources adopted by the secretary." "§33-5-71 (a) It shall be unlawful for the operator of a vessel, when the vessel is operated at or above plane speed, to position or allow the positioning of, persons or equipment, Page 51 HB358 Engrossed including but not limited to, seats, coolers, tackle, ski, and tubing devices, in a manner that would obstruct the operator's view to impair, or would otherwise impair, the safe operation of the vessel while operating on the waters of this state.
(d) In addition to all other penalties contained in this section, any person convicted of violating this section shall be subject to the revocation or suspension of their his or her boating safety certification or vessel operator's certification or vessel operating privileges upon the waters of this state, as provided by law and rules and regulations of the Department of Conservation and Natural Resources adopted by the secretary." "§33-5-71 (a) It shall be unlawful for the operator of a vessel, when the vessel is operated at or above plane speed, to position or allow the positioning of, persons or equipment, including but not limited to, seats, coolers, tackle, ski, and tubing devices, in a manner that would obstruct the operator's view to impair, or would otherwise impair, the safe operation of the vessel while operating on the waters of this state.
Sailboats and auxiliary sailboats are exempt from this section.
Sailboats and auxiliary sailboats are exempt from this Page 51 HB358 Enrolled section.
Page 52 HB358 Engrossed (a) As used in this section, the following terms have the following meanings:
(a) As used in this section, the following terms have the following meanings:
b.
Page 52 HB358 Enrolled b.
The covered recreational vessel does not have an engine cut-off switch and is not required to have one under Page 53 HB358 Engrossed subsection (b).
The covered recreational vessel does not have an engine cut-off switch and is not required to have one under subsection (b).
Any person so convicted boating violation shall be fined not less than one hundred dollars ($100)." "§33-5-73 (a) No person shall under any circumstances may operate a vessel on the waters of this state in excess of a speed zone, including a no-wake zone, established by regulation of the Commissioner of Conservation and Natural Resources the secretary.
Any person so convicted boating violation shall be Page 53 HB358 Enrolled fined not less than one hundred dollars ($100)." "§33-5-73 (a) No person shall under any circumstances may operate a vessel on the waters of this state in excess of a speed zone, including a no-wake zone, established by regulation of the Commissioner of Conservation and Natural Resources the secretary.
(c) Any person violating who violates this section Page 54 HB358 Engrossed shall be guilty of a Class B misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
(c) Any person violating who violates this section shall be guilty of a Class B misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted boating violation and shall be fined not less than one hundred dollars ($100)." "§33-5-75 (a) The Commissioner of Conservation and Natural Resources secretary may cancel any boater safety certification upon determining that the holder of the certification was not entitled to the issuance or that the holder failed to give the correct or required information in the application for certification.
Any person so convicted boating violation and shall be fined not less than one hundred dollars ($100)." "§33-5-75 Page 54 HB358 Enrolled (a) The Commissioner of Conservation and Natural Resources secretary may cancel any boater safety certification upon determining that the holder of the certification was not entitled to the issuance or that the holder failed to give the correct or required information in the application for certification.
(d) When a nonresident's operating privilege or Alabama boater safety certification is suspended or revoked, the Page 55 HB358 Engrossed commissioner secretary may forward a certified copy of the record of the action to the boater safety administrator in the state where the person resides.
(d) When a nonresident's operating privilege or Alabama boater safety certification is suspended or revoked, the commissioner secretary may forward a certified copy of the record of the action to the boater safety administrator in the state where the person resides.
(e) The commissioner secretary may suspend or revoke the boater safety certification of any person in this state or the privilege of any person to operate a vessel on the waters of this state upon receiving notice of the conviction of the person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the boater safety certification or vessel operating privilege of a vessel operator.
(e) The commissioner secretary may suspend or revoke the boater safety certification of any person in this state or Page 55 HB358 Enrolled the privilege of any person to operate a vessel on the waters of this state upon receiving notice of the conviction of the person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the boater safety certification or vessel operating privilege of a vessel operator.
(h) Every court with jurisdiction over offenses committed under this article, or any other law of this state, or municipal ordinance adopted by a local authority, regulating the operation of vessels on the waters, shall forward to the commissioner, within Within 10 15 days of a Page 56 HB358 Engrossed record of the conviction of any person in the court for a violation of any laws law for which the person is subject to boater safety certification or vessel operating privilege suspension or revocation, the court shall forward a record of the conviction to the secretary and the court may recommend the suspension of the certification or vessel operating privilege of the person so convicted.
(h) Every court with jurisdiction over offenses committed under this article, or any other law of this state, or municipal ordinance adopted by a local authority, regulating the operation of vessels on the waters, shall forward to the commissioner, within Within 10 15 days of a record of the conviction of any person in the court for a violation of any laws law for which the person is subject to boater safety certification or vessel operating privilege suspension or revocation, the court shall forward a record of the conviction to the secretary and the court may recommend Page 56 HB358 Enrolled the suspension of the certification or vessel operating privilege of the person so convicted.
Page 57 HB358 Engrossed (5) Failure to stop, render aid, or identify the person as required under the laws of this state in the event of a boating accident resulting in the death or personal injury of another.
(5) Failure to stop, render aid, or identify the person as required under the laws of this state in the event of a boating accident resulting in the death or personal injury of another.
(6) Perjury or the making of a false affidavit or statement under oath to the Director of Public Safety or Commissioner of Conservation and Natural Resources secretary under this article or under any other law or regulation rule relating to the ownership or operation of vessels.
(6) Perjury or the making of a false affidavit or Page 57 HB358 Enrolled statement under oath to the Director of Public Safety or Commissioner of Conservation and Natural Resources secretary under this article or under any other law or regulation rule relating to the ownership or operation of vessels.
(4) Has been convicted with frequency of serious offenses against boating or vessel operation laws or regulations rules governing the movement of vessels as to Page 58 HB358 Engrossed indicate indicating a disrespect for boating or vessel operation laws and a disregard for the safety of other persons on the waters of this state.
(4) Has been convicted with frequency of serious offenses against boating or vessel operation laws or regulations rules governing the movement of vessels as to indicate indicating a disrespect for boating or vessel operation laws and a disregard for the safety of other persons on the waters of this state.
(5) Is an habitually reckless, careless, or negligent operator of a vessel, established by a record of accidents, or by other evidence.
(5) Is an habitually reckless, careless, or negligent operator of a vessel, established by a record of accidents, or Page 58 HB358 Enrolled by other evidence.
At the hearing, the Page 59 HB358 Engrossed Commissioner of Conservation and Natural Resources, secretary or duly authorized agent, may administer oaths, and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the person.
At the hearing, the Commissioner of Conservation and Natural Resources, secretary or duly authorized agent, may administer oaths, and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the person.
At the hearing, the Commissioner of Conservation and Natural Resources, secretary or duly authorized agent, shall either rescind its order of suspension or, upon good cause shown, may continue, modify, or extend the suspension or revoke the certification or operating privilege of the person.
At the hearing, the Commissioner of Page 59 HB358 Enrolled Conservation and Natural Resources, secretary or duly authorized agent, shall either rescind its order of suspension or, upon good cause shown, may continue, modify, or extend the suspension or revoke the certification or operating privilege of the person.
(n)(m) The Commissioner of Conservation and Natural Resources secretary, upon cancelling, suspending, or revoking Page 60 HB358 Engrossed a certification, shall require that proof of certification and any duplicates be surrendered to and be retained by the Commissioner of Conservation and Natural Resources ALEA.
(n)(m) The Commissioner of Conservation and Natural Resources secretary, upon cancelling, suspending, or revoking a certification, shall require that proof of certification and any duplicates be surrendered to and be retained by the Commissioner of Conservation and Natural Resources ALEA.
Any person whose certification has been cancelled, suspended, or revoked shall immediately return the certification and any duplicates to the Commissioner of Conservation and Natural Resources ALEA.
Any person whose certification has been cancelled, suspended, or revoked shall immediately return the certification and any Page 60 HB358 Enrolled duplicates to the Commissioner of Conservation and Natural Resources ALEA.
(p)(o) Any person denied a certification or whose certification or operating privilege has been cancelled, suspended, or revoked by the Commissioner of Conservation and Natural Resources secretary, except where cancellation, suspension, or revocation is mandatory under this article, shall have the right to may file a petition within 30 days for a hearing in the matter in the circuit court in the county wherein the person resides, or, in the case of cancellation, suspension, or revocation of a nonresident's certification or operating privilege, in the county in which the main office of the Commissioner of Conservation and Natural Page 61 HB358 Engrossed Resourcessecretary is located, and the.
(p)(o) Any person denied a certification or whose certification or operating privilege has been cancelled, suspended, or revoked by the Commissioner of Conservation and Natural Resources secretary, except where cancellation, suspension, or revocation is mandatory under this article, shall have the right to may file a petition within 30 days for a hearing in the matter in the circuit court in the county wherein the person resides, or, in the case of cancellation, suspension, or revocation of a nonresident's certification or operating privilege, in the county in which the main office of the Commissioner of Conservation and Natural Resourcessecretary is located, and the.
The circuit court shall set the matter for hearing upon 30 days' written notice to the Commissioner of Conservation and Natural Resources secretary and shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a certification or operating privilege under this section or is subject to suspension, cancellation, or revocation." "§33-5-77 (a) It shall be unlawful in this state for any person to violate the federal laws or rules regulating the horsepower of the engines of the vessels operating on the waters of this state to operate a vessel powered beyond the manufacturer's capacity plate.
The circuit court shall set the matter for hearing upon 30 days' written notice to the Commissioner of Conservation and Natural Resources Page 61 HB358 Enrolled secretary and shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a certification or operating privilege under this section or is subject to suspension, cancellation, or revocation." "§33-5-77 (a) It shall be unlawful in this state for any person to violate the federal laws or rules regulating the horsepower of the engines of the vessels operating on the waters of this state to operate a vessel powered beyond the manufacturer's capacity plate.
(c) The effective date of only this section shall be five years from April 28, 1994." "§33-5-79 The Commissioner of Conservation and Natural Resources secretary may implement adopt and enforce reasonable and necessary rules and regulations to administer and enforce this article chapter." "§33-5-81 Page 62 HB358 Engrossed The State Department of Education shall require a segment of the approved driver education curricula to include boating safety in Alabama, beginning with the 1994-95 school year.
(c) The effective date of only this section shall be five years from April 28, 1994." "§33-5-79 The Commissioner of Conservation and Natural Resources secretary may implement adopt and enforce reasonable and necessary rules and regulations to administer and enforce this article chapter." "§33-5-81 The State Department of Education shall require a segment of the approved driver education curricula to include boating safety in Alabama, beginning with the 1994-95 school year.
The boating safety curricula shall be approved in writing by the Commissioner of Conservation and Natural Resources secretary and the State Superintendent of Education." Section 2.
The boating safety curricula shall be approved in writing by the Commissioner of Conservation and Natural Page 62 HB358 Enrolled Resources secretary and the State Superintendent of Education." Section 2.
(d) The person arrested, if he or she so desires, shall have a right to an immediate hearing or a hearing within 24 Page 63 HB358 Engrossed hours at a convenient hour before a magistrate within the county or city where the offense was committed, or if an e-ticket is written, the person shall have a right, if he or she desires, to an immediate hearing or a hearing within 24 hours at a convenient hour before any magistrate within this state.
(d) The person arrested, if he or she so desires, shall have a right to an immediate hearing or a hearing within 24 hours at a convenient hour before a magistrate within the county or city where the offense was committed, or if an e-ticket is written, the person shall have a right, if he or she desires, to an immediate hearing or a hearing within 24 hours at a convenient hour before any magistrate within this Page 63 HB358 Enrolled state.
Page 64 HB358 Engrossed (3) A person whom the arresting officer has good cause to believe has committed any felony.
(3) A person whom the arresting officer has good cause to believe has committed any felony.
(h) When a person is arrested or charged with an offense described in subsection (g), the arresting officer shall take the person before the nearest or most accessible magistrate.
(h) When a person is arrested or charged with an offense described in subsection (g), the arresting officer shall take the person before the nearest or most accessible Page 64 HB358 Enrolled magistrate.
Page 65 HB358 Engrossed (2) Operation of a motor vehicle or vessel while intoxicated;.
(2) Operation of a motor vehicle or vessel while intoxicated;.
(5) Operation of a motor vehicles vehicle or vessel without an operator's license or boater safety certification, as applicable, or while the license or certification is suspended or revoked;
Page 65 HB358 Enrolled (5) Operation of a motor vehicles vehicle or vessel without an operator's license or boater safety certification, as applicable, or while the license or certification is suspended or revoked;
Page 66 HB358 Engrossed (4) Forty-nine dollars ($49) to the State General Fund;
(4) Forty-nine dollars ($49) to the State General Fund;
provided, that in boating violation cases initiated by a county law enforcement officer, twenty-four dollars and fifty cents ($24.50) shall be paid into the State General Fund and twenty-four dollars and fifty cents ($24.50) shall be paid into the county general fund.
provided, that in boating violation cases initiated by a county law enforcement officer, twenty-four dollars and fifty cents ($24.50) shall be paid into the State General Fund and twenty-four dollars and fifty cents ($24.50) shall be paid Page 66 HB358 Enrolled into the county general fund.
Twenty-five dollars ($25) to the State General Page 67 HB358 Engrossed Fund." Section 4.
Twenty-five dollars ($25) to the State General Fund." Section 4.
"§41-27-6 (a)(1) The Director of the Department of Public Safety shall be appointed by the Secretary of the Alabama State Law Enforcement Agency, after consultation with the Governor, and shall hold office at the pleasure of the secretary.
"§41-27-6 (a)(1) The Director of the Department of Public Safety Page 67 HB358 Enrolled shall be appointed by the Secretary of the Alabama State Law Enforcement Agency, after consultation with the Governor, and shall hold office at the pleasure of the secretary.
(b)(1) The Highway Patrol Division of the Department of Page 68 HB358 Engrossed Public Safety succeeds to and is vested with all law enforcement functions of the following enforcement units, and a reference in any law to these enforcement units shall be deemed a reference to the Highway Patrol Division of the Department of Public Safety:
(b)(1) The Highway Patrol Division of the Department of Public Safety succeeds to and is vested with all law enforcement functions of the following enforcement units, and a reference in any law to these enforcement units shall be deemed a reference to the Highway Patrol Division of the Department of Public Safety:
a.
Page 68 HB358 Enrolled a.
It is the intent of the Legislature, in implementing this act, that the Alabama Supreme Court would adopt rules pursuant to its authority under Section 150 of the Constitution of Alabama of 2022, to adopt a schedule of fines for boating violations, and to adopt a Uniform Boating Traffic Ticket and Complaint form or an electronic version thereof, and provide for the use, content, numbering schemes, and Page 69 HB358 Engrossed issuance of the ticket.
It is the intent of the Legislature, in implementing this act, that the Alabama Supreme Court would adopt rules pursuant to its authority under Section 150 of the Constitution of Alabama of 2022, to adopt a schedule of fines for boating violations, and to adopt a Uniform Boating Traffic Ticket and Complaint form or an electronic version thereof, and provide for the use, content, numbering schemes, and issuance of the ticket.
(2) Section 33-5-29, Code of Alabama 1975, relating to the publication of rules.
Page 69 HB358 Enrolled (2) Section 33-5-29, Code of Alabama 1975, relating to the publication of rules.
Page 70 HB358 Engrossed House of Representatives Read for the first time and referred ................20-Apr-23 to the House of Representatives committee on Public Safety and Homeland Security Read for the second time and placed ................27-Apr-23 on the calendar:
Page 70 HB358 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-May-23,as amended.
amendments Read for the third time and passed ................09-May-23 as amended Yeas 97 Nays 0 Abstains 6 John Treadwell Clerk Page 71
John Treadwell Clerk Senate 25-May-23 Passed Page 71
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Amendments

3 amendments

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Action History

  1. Enrolled

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 139 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (139)

139 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Roll of the S for Vote 1116 on HB358 (2023 Regular Session)

Passed 30 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
R 22003
D 6002
Unaffiliated 1000
Total 29005
% of votes cast 85%0%0%15%
How each member voted (34)
Member Party Vote
Greg J. Reed — Yea
Bobby D. Singleton D Not Voting
Kirk Hatcher D Yea
Linda Coleman-Madison D Yea
Merika Coleman D Yea
Robert Stewart D Yea
Rodger M. Smitherman D Yea
Vivian Davis Figures D Yea
William M. Beasley D Not Voting
Andrew Jones R Yea
April Weaver R Not Voting
Arthur Orr R Yea
Chris Elliott R Yea
Clyde Chambliss R Yea
Dan Roberts R Yea
David Sessions R Yea
Donnie Chesteen R Yea
Garlan Gudger R Yea
Gerald H. Allen R Yea
Greg Albritton R Not Voting
J. T. 'Jabo' Waggoner R Yea
Jack W. Williams R Yea
Jay Hovey R Yea
Josh Carnley R Yea
Keith Kelley R Not Voting
Lance Bell R Yea
Larry Stutts R Yea
Randy Price R Yea
Sam Givhan R Yea
Shay Shelnutt R Yea
Steve Livingston R Yea
Tim Melson R Yea
Tom Butler R Yea
Will Barfoot R Yea

Official roll call →

Roll of the H for Vote 639 on HB358 (2023 Regular Session)

Passed 104 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
R 70001
D 26000
Total 101001
% of votes cast 99%0%0%1%
How each member voted (102)
Member Party Vote
Wood (D) — Yea
Corey Harbison — Yea
Cynthia Almond — Yea
John W. Rogers — Yea
Randall Shedd — Yea
Adline Clarke D Yea
Anthony Daniels D Yea
Artis 'A.J.' McCampbell D Yea
Barbara Boyd D Yea
Barbara Drummond D Yea
Berry Forte D Yea
Chris England D Yea
Curtis Travis D Yea
Jeremy Gray D Yea
Juandalynn Givan D Yea
Kelvin Lawrence D Yea
Kenyatté Hassell D Yea
Laura Hall D Yea
M. Moore D Yea
Napoleon Bracy D Yea
Neil Rafferty D Yea
Ontario Tillman D Yea
Patrice McClammy D Yea
Patrick Sellers D Yea
Pebblin W. Warren D Yea
Phillip Ensler D Yea
Prince Chestnut D Yea
Rolanda Hollis D Yea
Sam Jones D Yea
TaShina Morris D Yea
Thomas Jackson D Yea
Alan Baker R Yea
Allen Treadaway R Yea
Andy Whitt R Yea
Arnold Mooney R Yea
Ben Harrison R Yea
Ben Robbins R Yea
Bill Lamb R Yea
Bob Fincher R Yea
Brett Easterbrook R Yea
Chad Robertson R Yea
Chip Brown R Yea
Chris Blackshear R Yea
Chris Pringle R Yea
Chris Sells R Yea
Corley Ellis R Yea
Craig Lipscomb R Yea
Danny Crawford R Yea
Danny Garrett R Yea
David Faulkner R Yea
David Standridge R Yea
Donna Givens R Yea
Ed Oliver R Yea
Ernie Yarbrough R Yea
Frances Holk-Jones R Yea
Ginny Shaver R Yea
Ivan Smith R Yea
James Lomax R Yea
Jamie Kiel R Yea
Jeff Sorrells R Yea
Jennifer Fidler R Yea
Jerry Starnes R Yea
Jim Carns R Yea
Jim Hill R Yea
Joe Lovvorn R Yea
Kenneth Paschal R Yea
Kerry (Bubba) Underwood R Yea
Leigh Hulsey R Yea
Mack Butler R Yea
Marcus Paramore R Yea
Margie Wilcox R Not Voting
Mark Gidley R Yea
Mark Shirey R Yea
Matt Simpson R Yea
Matt Woods R Yea
Matthew Hammett R Yea
Mike Kirkland R Yea
Mike Shaw R Yea
Nathaniel Ledbetter R Yea
Parker Moore R Yea
Paul W. Lee R Yea
Phillip Pettus R Yea
Phillip Rigsby R Yea
Randy Wood R Yea
Reed Ingram R Yea
Rex Reynolds R Yea
Rhett Marques R Yea
Rick Rehm R Yea
Ritchie Whorton R Yea
Ron Bolton R Yea
Russell Bedsole R Yea
Scott Stadthagen R Yea
Shane Stringer R Yea
Steve Clouse R Yea
Steve Hurst R Yea
Susan DuBose R Yea
Terri Collins R Yea
Tim Wadsworth R Yea
Tracy Estes R Yea
Troy Stubbs R Yea
Wes Kitchens R Yea
William Brock Colvin R Yea

Official roll call →

Roll of the H for Vote 640 on HB358 (2023 Regular Session)

Passed 97 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
R 64007
D 26000
Total 95007
% of votes cast 93%0%0%7%
How each member voted (102)
Member Party Vote
Wood (D) — Yea
Corey Harbison — Yea
Cynthia Almond — Yea
John W. Rogers — Yea
Randall Shedd — Yea
Adline Clarke D Yea
Anthony Daniels D Yea
Artis 'A.J.' McCampbell D Yea
Barbara Boyd D Yea
Barbara Drummond D Yea
Berry Forte D Yea
Chris England D Yea
Curtis Travis D Yea
Jeremy Gray D Yea
Juandalynn Givan D Yea
Kelvin Lawrence D Yea
Kenyatté Hassell D Yea
Laura Hall D Yea
M. Moore D Yea
Napoleon Bracy D Yea
Neil Rafferty D Yea
Ontario Tillman D Yea
Patrice McClammy D Yea
Patrick Sellers D Yea
Pebblin W. Warren D Yea
Phillip Ensler D Yea
Prince Chestnut D Yea
Rolanda Hollis D Yea
Sam Jones D Yea
TaShina Morris D Yea
Thomas Jackson D Yea
Alan Baker R Yea
Allen Treadaway R Yea
Andy Whitt R Yea
Arnold Mooney R Not Voting
Ben Harrison R Yea
Ben Robbins R Yea
Bill Lamb R Yea
Bob Fincher R Yea
Brett Easterbrook R Yea
Chad Robertson R Yea
Chip Brown R Yea
Chris Blackshear R Yea
Chris Pringle R Yea
Chris Sells R Not Voting
Corley Ellis R Yea
Craig Lipscomb R Yea
Danny Crawford R Yea
Danny Garrett R Yea
David Faulkner R Yea
David Standridge R Yea
Donna Givens R Yea
Ed Oliver R Yea
Ernie Yarbrough R Yea
Frances Holk-Jones R Yea
Ginny Shaver R Yea
Ivan Smith R Yea
James Lomax R Yea
Jamie Kiel R Yea
Jeff Sorrells R Yea
Jennifer Fidler R Yea
Jerry Starnes R Yea
Jim Carns R Yea
Jim Hill R Yea
Joe Lovvorn R Yea
Kenneth Paschal R Yea
Kerry (Bubba) Underwood R Yea
Leigh Hulsey R Yea
Mack Butler R Yea
Marcus Paramore R Yea
Margie Wilcox R Not Voting
Mark Gidley R Yea
Mark Shirey R Yea
Matt Simpson R Yea
Matt Woods R Yea
Matthew Hammett R Yea
Mike Kirkland R Yea
Mike Shaw R Yea
Nathaniel Ledbetter R Not Voting
Parker Moore R Yea
Paul W. Lee R Yea
Phillip Pettus R Yea
Phillip Rigsby R Yea
Randy Wood R Yea
Reed Ingram R Yea
Rex Reynolds R Yea
Rhett Marques R Yea
Rick Rehm R Yea
Ritchie Whorton R Not Voting
Ron Bolton R Yea
Russell Bedsole R Yea
Scott Stadthagen R Yea
Shane Stringer R Yea
Steve Clouse R Yea
Steve Hurst R Yea
Susan DuBose R Yea
Terri Collins R Yea
Tim Wadsworth R Yea
Tracy Estes R Yea
Troy Stubbs R Yea
Wes Kitchens R Not Voting
William Brock Colvin R Not Voting

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Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 358 do?
Vessels, operation of vessels, further provided; various boater safety laws, penalty for violation reclassified as boating violations;
Who sponsors HB 358?
HB 358 is sponsored by Ginny Shaver (R).
What is the current status of HB 358?
This bill has been enacted into law. Introduced April 20, 2023. Enacted.
Where can I track HB 358?
Track HB 358 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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