HB502F8KHD5-1 INTRODUCED: JC09FF-1 By Representatives Fidler, Brown, Treadaway, Travis, Marques, Lipscomb, Paramore, Baker RFD:

Ports,5/24/2023 Waterways: & Intermodal Transit First Read:

18-May-23CMH 2023AMENDMENT RegularTO SessionHB502 Page1ST 0PORTS, JC09FF-1WATERWAYS 05/18/2023& CMHINTERMODAL (L)bmTRANSIT 2023-2040AMENDMENT TO HB502 OFFERED BY REPRESENTATIVE LIPSCOMB 2 4 SYNOPSIS:Replace lines 32 through 34 on page 2 with the following:

Thiswith bill would provide for the placement of a uniform system of navigationalregulatory markers onprescribed theby waters of this state and would require the AlabamaPrivate StateAids Lawto EnforcementNavigation Agencypursuant to provide33 generalC.F.R. oversight and maintenance of permitted navigational markers on the waters of this state.

ThisPart bill66. would also make nonsubstantive, technical revisions to update the existing code language to current style.

AReplace BILLlines TO37 BEthrough ENTITLED38 ANon ACTpage Relating2 towith vesselsthe andfollowing: navigation;

to provide for the placementPrivate ofAids ato uniformNavigation systempursuant ofto navigational33 markersC.F.R. on the waters of this state;

toPart amend66. Section 33-5-4, Code of Alabama 1975, to require the Alabama State Law Enforcement Agency to provide general oversight and maintenance of permitted navigational markers on the waters of this state;

and(c) Subject to makethe nonsubstantive,applicable technicalrequirements revisionsof tofederal updatelaw and the existingUnited codeStates languageCoast toGuard, currentuniform style.navigational markers may only be placed in Replace line 52 on page 2 with the following:

BEplacement ITand ENACTEDupkeep BYof THEthe LEGISLATUREmarkers, OFand ALABAMA:any other requirement of 33 C.F.R.

PagePart 166. HB502 INTRODUCED Section 1.

(a)Replace Thelines Alabama55 Statethrough Law56 Enforcementon Agencypage shall2 adopt rules to establish a uniform system of navigational markers for the waters of this state, compatible with the systemPage of1 regulatoryF8KHD5-1 markers: prescribed by the United States Coast Guard in the United States Aids to Navigation System, 33 C.F.R.

Part5/24/2023 62.:

(b)CMH WatersAMENDMENT ofTO thisHB502 state1ST shallPORTS, beWATERWAYS marked& onlyINTERMODAL inTRANSIT conformityAMENDMENT withTO theHB502 rulesOFFERED adoptedBY pursuantREPRESENTATIVE toLIPSCOMB thisfollowing: section and United States Aids to Navigation System, 33 C.F.R.

Partthe 62.proper permission from the Coast Guard where required and make any investigations as needed.

(c)After Uniformline navigational67 markerson maypage only3, beinsert placed in the watersfollowing: of this state as provided in this section.

Any(h) person,Nothing county, or municipality desiring to mark waterways for safety and navigation purposes in thethis statesection mayshall apply to thecommercial Alabamanavigable Statewaterways Lawor Enforcementother Agencywaterways forthat permissionare tounder placethe uniformjurisdiction navigationalof markersthe onfederal thegovernment watersor ofUnited thisStates state.Coast Guard.

(d)Replace Applicationline for89 placement of a uniform navigational marker on thepage waters4 ofwith this state or any navigable waters under concurrent jurisdiction of the Coastfollowing: Guard and the state shall be made to the Alabama State Law Enforcement Agency, accompanied by a map locating the approximate placement of markers, a list of the markers to be placed, a statement of the specification of the markers, a statement of the purpose of marking, and the names of individuals responsible for the placement and upkeep of the markers.

(e)provided Thein AlabamaSection State1 Lawof Enforcementthe Agencyact shallamending assist any applicant for a permit under this sectionsection; to secure the proper permission from the Coast Guard where required, make any investigations as needed, and issue a permit.

Pageprovided, 2nothing HB502in INTRODUCEDthis (f)section Theor agencySection 1 shall furnishbe andeemed applicantto supersede or conflict with thefederal informationlaw concerningor the systemauthority adoptedof and the rulesUnited existingStates forCoast placingGuard andto maintainingregulate the markers.waters of this state.

ThePage agency2 shall keep records of all approvals given and counsel with individuals, counties, municipalities, or other groups desiring to mark waterways for safety and navigation purposes in the state.

(g) This section shall only apply to the waters of the Gulf of Mexico and any other salt and brackish bodies of water under the jurisdiction of the State of Alabama, whether coastal, intercoastal, or inland, and any part thereof.

Section 2.

Section 33-5-4, Code of Alabama 1975, is amended to read as follows:

"§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 issuing, The Marine Patrol Division shall be responsible for all of the following duties:

(1) Issuing, handling, and recording vessel registration identifying numbers, including the receiving.

(2) Receiving and accounting of all registration fees and payments of same to the Alabama State Law Enforcement Agency into the State Treasury, receiving.

(3) Receiving, investigating, and recording accident reports and making such providing reports of such accidents to Page 3 HB502 INTRODUCED such the applicable federal agency as may be required by federal law and such.

(4) General oversight and maintenance of permitted navigational markers located on the waters of this state, as provided in Section 1 of the act amending this section.

(5) Any other incidental clerical work connected with the administration of this article chapter.

(b) The law-enforcementlaw 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." Section 3.

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Page 4