| 1 | 1 | | 1 HB490 |
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| 2 | 2 | | 2 214813-4 |
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| 3 | 3 | | 3 By Representatives Shaver, Wood (D), Pettus, Rich, Oliver, |
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| 4 | 4 | | 4 Lipscomb, Hurst, Bedsole, Faulkner, Treadaway, Farley, Clouse, |
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| 5 | 5 | | 5 Isbell and Lovvorn |
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| 6 | 6 | | 6 RFD: Public Safety and Homeland Security |
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| 7 | 7 | | 7 First Read: 10-MAR-22 |
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| 8 | 8 | | |
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| 9 | 9 | | Page 0 1 214813-4:n:03/09/2022:CMH/bm LSA2021-1688R3 |
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| 10 | 10 | | 2 |
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| 11 | 11 | | 3 |
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| 12 | 12 | | 4 |
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| 13 | 13 | | 5 |
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| 14 | 14 | | 6 |
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| 15 | 15 | | 7 |
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| 16 | 16 | | 8 SYNOPSIS: Under existing law, a nonresident whose home |
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| 17 | 17 | | 9 state or country does not require boater safety |
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| 18 | 18 | | 10 certification or the licensing of vessel operators |
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| 19 | 19 | | 11 may operate a vessel on the waters of this state |
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| 20 | 20 | | 12 without a boater safety certification for a period |
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| 21 | 21 | | 13 of not more than 45 days in any calendar year. |
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| 22 | 22 | | 14 This bill would require all nonresidents to |
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| 23 | 23 | | 15 procure a boater safety certification in their home |
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| 24 | 24 | | 16 state or country or procure a Nonresident Alabama |
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| 25 | 25 | | 17 Boater Safety Certification prior to operating a |
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| 26 | 26 | | 18 vessel on the waters of this state, except under |
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| 27 | 27 | | 19 certain conditions. |
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| 28 | 28 | | 20 Also under certain existing law, vessels |
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| 29 | 29 | | 21 less than 24 feet are required to have an emergency |
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| 30 | 30 | | 22 engine or motor cut-off switch. |
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| 31 | 31 | | 23 This bill would require vessels to meet the |
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| 32 | 32 | | 24 federal requirements for engine cut-off switches. |
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| 33 | 33 | | 25 This bill would also make nonsubstantive, |
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| 34 | 34 | | 26 technical revisions to update the existing code |
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| 35 | 35 | | 27 language to current style. |
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| 36 | 36 | | Page 1 1 Amendment 621 of the Constitution of Alabama |
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| 37 | 37 | | 2 of 1901, as amended by Amendment 890, now appearing |
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| 38 | 38 | | 3 as Section 111.05 of the Official Recompilation of |
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| 39 | 39 | | 4 the Constitution of Alabama of 1901, as amended, |
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| 40 | 40 | | 5 prohibits a general law whose purpose or effect |
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| 41 | 41 | | 6 would be to require a new or increased expenditure |
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| 42 | 42 | | 7 of local funds from becoming effective with regard |
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| 43 | 43 | | 8 to a local governmental entity without enactment by |
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| 44 | 44 | | 9 a 2/3 vote unless: it comes within one of a number |
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| 45 | 45 | | 10 of specified exceptions; it is approved by the |
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| 46 | 46 | | 11 affected entity; or the Legislature appropriates |
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| 47 | 47 | | 12 funds, or provides a local source of revenue, to |
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| 48 | 48 | | 13 the entity for the purpose. |
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| 49 | 49 | | 14 The purpose or effect of this bill would be |
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| 50 | 50 | | 15 to require a new or increased expenditure of local |
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| 51 | 51 | | 16 funds within the meaning of the amendment. However, |
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| 52 | 52 | | 17 the bill does not require approval of a local |
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| 53 | 53 | | 18 governmental entity or enactment by a 2/3 vote to |
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| 54 | 54 | | 19 become effective because it comes within one of the |
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| 55 | 55 | | 20 specified exceptions contained in the amendment. |
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| 56 | 56 | | 21 |
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| 57 | 57 | | 22 A BILL |
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| 58 | 58 | | 23 TO BE ENTITLED |
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| 59 | 59 | | 24 AN ACT |
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| 60 | 60 | | 25 |
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| 61 | 61 | | 26 Relating to the operation of watercraft; to amend |
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| 62 | 62 | | 27 Sections 33-5-51, 33-5-52, and 33-5-72, Code of Alabama 1975, |
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| 63 | 63 | | Page 2 1 to provide for the operation of a vessel on the waters of this |
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| 64 | 64 | | 2 state; to provide boater safety certification requirements; to |
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| 65 | 65 | | 3 further provide requirements for engine cut-off switches; to |
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| 66 | 66 | | 4 make nonsubstantive, technical revisions to update the |
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| 67 | 67 | | 5 existing code language to current style; and in connection |
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| 68 | 68 | | 6 therewith would have as its purpose or effect the requirement |
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| 69 | 69 | | 7 of a new or increased expenditure of local funds within the |
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| 70 | 70 | | 8 meaning of Amendment 621 of the Constitution of Alabama of |
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| 71 | 71 | | 9 1901, as amended by Amendment 890, now appearing as Section |
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| 72 | 72 | | 10 111.05 of the Official Recompilation of the Constitution of |
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| 73 | 73 | | 11 Alabama of 1901, as amended. |
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| 74 | 74 | | 12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 75 | 75 | | 13 Section 1. Sections 33-5-51, 33-5-52, and 33-5-72, |
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| 76 | 76 | | 14 Code of Alabama 1975, are amended to read as follows: |
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| 77 | 77 | | 15 "§33-5-51. |
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| 78 | 78 | | 16 "(a) As used in this section, "personal watercraft" |
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| 79 | 79 | | 17 means a vessel which that uses an inboard motor powering a |
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| 80 | 80 | | 18 water jet pump as its primary source of motive power and which |
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| 81 | 81 | | 19 is designed to be operated by a person sitting, standing, or |
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| 82 | 82 | | 20 kneeling on the vessel, rather than the conventional manner of |
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| 83 | 83 | | 21 sitting or standing inside the vessel. |
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| 84 | 84 | | 22 "(b) A person may not operate a personal watercraft |
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| 85 | 85 | | 23 on the waters of this state, as waters are defined in Section |
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| 86 | 86 | | 24 33-5-3, unless each person operating, riding on, or being |
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| 87 | 87 | | 25 towed by the vessel is wearing a personal flotation device |
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| 88 | 88 | | 26 approved by the United States Coast Guard, in accordance with |
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| 89 | 89 | | 27 rules and regulations adopted by the Commissioner of the |
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| 90 | 90 | | Page 3 1 Department of Conservation and Natural Resources Secretary of |
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| 91 | 91 | | 2 the Alabama State Law Enforcement Agency. |
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| 92 | 92 | | 3 "(c) A person operating a personal watercraft on the |
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| 93 | 93 | | 4 waters of this state that does not have self circling |
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| 94 | 94 | | 5 capability, shall have a lanyard type engine cutoff switch and |
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| 95 | 95 | | 6 must attach the lanyard to the person, clothing, or personal |
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| 96 | 96 | | 7 flotation device as is appropriate. A person operating a |
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| 97 | 97 | | 8 personal watercraft on the waters of this state shall meet all |
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| 98 | 98 | | 9 of the requirements of Section 2 of the act amending this |
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| 99 | 99 | | 10 section, providing requirements for the use of engine cut-off |
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| 100 | 100 | | 11 switches. |
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| 101 | 101 | | 12 "(d) A vessel or personal watercraft shall at all |
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| 102 | 102 | | 13 times be operated on the waters of this state shall be |
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| 103 | 103 | | 14 operated in a reasonable and prudent manner. Maneuvers which |
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| 104 | 104 | | 15 endanger life, limb, or property, or create a public nuisance, |
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| 105 | 105 | | 16 including, but not limited to the following, weaving through |
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| 106 | 106 | | 17 congested vessel traffic at high speed, following closely |
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| 107 | 107 | | 18 behind within the wake of a vessel towing a person or persons |
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| 108 | 108 | | 19 on water skis, surfboard, or other water sport device, jumping |
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| 109 | 109 | | 20 the wake of another vessel travelling in the same direction in |
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| 110 | 110 | | 21 close proximity to the vessel, cutting between a boat and the |
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| 111 | 111 | | 22 person or persons being towed by that boat, or crossing at |
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| 112 | 112 | | 23 right angles in close proximity to the stern of another vessel |
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| 113 | 113 | | 24 or when visibility around the other vessel is obstructed, or |
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| 114 | 114 | | 25 steering a vessel toward any object or person in the water and |
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| 115 | 115 | | 26 turning sharply at close range so as to spray the object or |
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| 116 | 116 | | 27 person, shall all constitute the reckless operation of a |
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| 117 | 117 | | Page 4 1 vessel, as provided in subsection (a) of Section 33-5-70. Any |
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| 118 | 118 | | 2 person violating this subsection shall be punished upon |
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| 119 | 119 | | 3 conviction as provided in Section 33-5-70. |
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| 120 | 120 | | 4 "(e) No person under the age of 12 14 years of age |
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| 121 | 121 | | 5 may shall operate a personal watercraft on the waters of this |
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| 122 | 122 | | 6 state, and persons who are at least 12 and over may only |
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| 123 | 123 | | 7 operate personal watercraft on the waters of this state to the |
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| 124 | 124 | | 8 extent otherwise permitted by law except as provided under |
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| 125 | 125 | | 9 Section 33-5-57 or as otherwise provided by law. |
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| 126 | 126 | | 10 "(f) It is unlawful for the owner of any vessel or |
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| 127 | 127 | | 11 personal watercraft or any person having charge over or |
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| 128 | 128 | | 12 control of a vessel or personal watercraft to authorize or |
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| 129 | 129 | | 13 knowingly permit these the vessel or personal watercraft to be |
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| 130 | 130 | | 14 operated on the waters of this state by a person in violation |
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| 131 | 131 | | 15 of this section. |
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| 132 | 132 | | 16 "(g) No person shall tow any person by personal |
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| 133 | 133 | | 17 watercraft unless the personal watercraft is equipped with a |
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| 134 | 134 | | 18 rearview mirror meeting the specifications established by |
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| 135 | 135 | | 19 regulation rule of the Commissioner of the Department of |
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| 136 | 136 | | 20 Conservation and Natural Resources Secretary of the Alabama |
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| 137 | 137 | | 21 State Law Enforcement Agency. |
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| 138 | 138 | | 22 "(h) Any person who violates this section, except as |
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| 139 | 139 | | 23 otherwise provided in subsection (d), shall be guilty of a |
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| 140 | 140 | | 24 Class B misdemeanor, punishable upon conviction as provided in |
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| 141 | 141 | | 25 Sections 13A-5-7 and 13A-5-12. All persons so convicted shall |
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| 142 | 142 | | 26 be fined not less than twenty-five dollars ($25). All fines |
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| 143 | 143 | | 27 collected for a violation of this section shall be paid into |
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| 144 | 144 | | Page 5 1 the State Water Safety Fund State Treasury to the credit of |
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| 145 | 145 | | 2 the Public Safety Fund. |
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| 146 | 146 | | 3 "(i) This section does not apply to a person |
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| 147 | 147 | | 4 operating a vessel to conduct commercial aquatic herbicide |
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| 148 | 148 | | 5 applications or a performer engaged in a professional |
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| 149 | 149 | | 6 exhibition or a person participating in a regatta, race, |
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| 150 | 150 | | 7 marine parade, tournament, or exhibition held in compliance |
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| 151 | 151 | | 8 with Section 33-5-27, and any rules and regulations issued |
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| 152 | 152 | | 9 adopted by the Commissioner of Conservation and Natural |
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| 153 | 153 | | 10 Resources Secretary of the Alabama State Law Enforcement |
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| 154 | 154 | | 11 Agency. |
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| 155 | 155 | | 12 "§33-5-52. |
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| 156 | 156 | | 13 "(a)(1) Every A person, except those specifically |
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| 157 | 157 | | 14 exempted by statutory enactment, within five years from April |
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| 158 | 158 | | 15 28, 1994, shall procure a boater safety certification before |
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| 159 | 159 | | 16 operating a motorized vessel upon the waters of this state, as |
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| 160 | 160 | | 17 defined in Section 33-5-3. This section shall does not apply |
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| 161 | 161 | | 18 to the operation of any sailboat, rowboat, or canoe. |
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| 162 | 162 | | 19 "(2)a. Notwithstanding anything any law to the |
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| 163 | 163 | | 20 contrary herein, an Alabama resident 16 years of age and or |
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| 164 | 164 | | 21 older, who purchases a vessel and who has not been previously |
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| 165 | 165 | | 22 issued a boater safety certification, may for a period of |
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| 166 | 166 | | 23 thirty (30) 30 days following the date of sale of the vessel |
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| 167 | 167 | | 24 to the person, may operate the vessel upon the waters, |
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| 168 | 168 | | 25 provided the following conditions are met: |
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| 169 | 169 | | 26 "(1)1. The vessel has been registered in the name of |
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| 170 | 170 | | 27 the person.; and |
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| 171 | 171 | | Page 6 1 "(2) a 2. A bill of sale for the vessel, indicating |
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| 172 | 172 | | 2 that the person is the purchaser and owner of the vessel, is |
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| 173 | 173 | | 3 in the possession of the person at all times of operation. |
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| 174 | 174 | | 4 "b. In addition, any person while taking who test |
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| 175 | 175 | | 5 drives of vessels a vessel for sale when while accompanied by |
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| 176 | 176 | | 6 a licensed vessel dealer, shall be exempt during the drive |
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| 177 | 177 | | 7 from the certification requirements under subdivision (1). |
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| 178 | 178 | | 8 Every new resident of the State of Alabama, before operating a |
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| 179 | 179 | | 9 motorized vessel, shall procure the certification within 30 |
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| 180 | 180 | | 10 days after establishing residence in this state. |
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| 181 | 181 | | 11 "(b) Each boater safety certification issued to a |
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| 182 | 182 | | 12 person, if issued at the same time the person is issued a |
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| 183 | 183 | | 13 valid Alabama motor vehicle driver or learner license, or |
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| 184 | 184 | | 14 valid Alabama nondriver identification card, or if issued |
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| 185 | 185 | | 15 prior to the expiration date of the driver or learner license |
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| 186 | 186 | | 16 or card, shall expire on the expiration date of the person's |
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| 187 | 187 | | 17 valid Alabama motor vehicle driver or learner license or card. |
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| 188 | 188 | | 18 In all other cases, the expiration date of each boater safety |
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| 189 | 189 | | 19 certification shall be four years from the date of issuance. |
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| 190 | 190 | | 20 "(c) Every Upon application, a boater safety |
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| 191 | 191 | | 21 certification issued under this article may be renewed at the |
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| 192 | 192 | | 22 end of the certification period without examination upon |
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| 193 | 193 | | 23 application. For the purpose of renewal of a boater safety |
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| 194 | 194 | | 24 certification, the Department of Public Safety Alabama State |
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| 195 | 195 | | 25 Law Enforcement Agency shall mail renewal notices to each |
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| 196 | 196 | | 26 certification holder 30 days after the expiration date if the |
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| 197 | 197 | | 27 certification has not been renewed. A grace period of 60 days |
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| 198 | 198 | | Page 7 1 after the expiration date of certification shall exist for the |
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| 199 | 199 | | 2 purpose of certification renewal and the certification shall |
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| 200 | 200 | | 3 be valid for this time period. The applicant shall apply for |
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| 201 | 201 | | 4 renewal of certification any time during a period beginning 30 |
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| 202 | 202 | | 5 days before the expiration date of the then current |
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| 203 | 203 | | 6 certification until three years after the expiration date of |
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| 204 | 204 | | 7 certification. Failure to make application for renewal within |
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| 205 | 205 | | 8 the specified time shall result in the applicant being |
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| 206 | 206 | | 9 required to take, and successfully pass, a written or oral |
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| 207 | 207 | | 10 examination as administered by the Department of Public Safety |
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| 208 | 208 | | 11 Alabama State Law Enforcement Agency. If any person's birthday |
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| 209 | 209 | | 12 is February 29, the first day of March following shall be |
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| 210 | 210 | | 13 regarded as the birthday for the purposes of this section. |
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| 211 | 211 | | 14 "(d) Nonresidents at least 12 years of age who have |
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| 212 | 212 | | 15 in their immediate possession a valid boater safety |
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| 213 | 213 | | 16 certification or vessel operator's certification issued in |
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| 214 | 214 | | 17 their home state or country shall be exempt from the |
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| 215 | 215 | | 18 requirements of this section, but under no circumstances shall |
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| 216 | 216 | | 19 a person nonresident be granted any privileges of operation |
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| 217 | 217 | | 20 beyond those granted to an Alabama resident certification |
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| 218 | 218 | | 21 holder of the same age. |
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| 219 | 219 | | 22 "(e) Nonresidents at least 12 years of age whose |
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| 220 | 220 | | 23 home state or country does not require boater safety |
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| 221 | 221 | | 24 certification or the licensing of vessel operators shall also |
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| 222 | 222 | | 25 be exempt from the requirements of this section for a |
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| 223 | 223 | | 26 cumulative operation period of not more than 45 days in any |
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| 224 | 224 | | 27 calendar year. Otherwise, any nonresidents shall be examined |
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| 225 | 225 | | Page 8 1 and certified Except as provided in subsections (f) and (g), a |
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| 226 | 226 | | 2 nonresident may operate a vessel upon the waters of this state |
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| 227 | 227 | | 3 only after obtaining a valid boater safety certification or |
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| 228 | 228 | | 4 vessel operator's certification issued in his or her home |
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| 229 | 229 | | 5 state or country or, upon examination and certification under |
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| 230 | 230 | | 6 the same terms and conditions as Alabama residents, after |
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| 231 | 231 | | 7 obtaining a Nonresident Alabama Boater Safety Certification. |
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| 232 | 232 | | 8 Nonresidents may be examined and obtain certification in any |
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| 233 | 233 | | 9 county and the certification shall be entitled "Nonresident |
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| 234 | 234 | | 10 Alabama Boater Safety Certification," but under no |
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| 235 | 235 | | 11 circumstances shall a person be granted any privileges of |
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| 236 | 236 | | 12 operation beyond those granted to an Alabama resident |
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| 237 | 237 | | 13 certification holder of the same age. |
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| 238 | 238 | | 14 "(f) A person operating a vessel pursuant to a valid |
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| 239 | 239 | | 15 and legal commercial activity, shall, during the period of |
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| 240 | 240 | | 16 time of that activity only, be is exempt from the requirement |
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| 241 | 241 | | 17 of boater safety certification. Otherwise, the person shall be |
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| 242 | 242 | | 18 subject to the requirement. |
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| 243 | 243 | | 19 "(g) A person, while using a rental vessel, shall be |
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| 244 | 244 | | 20 exempt from the certification requirements of this section if |
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| 245 | 245 | | 21 all of the following conditions are met: |
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| 246 | 246 | | 22 "(1) The person rents a vessel from a boat rental |
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| 247 | 247 | | 23 business duly licensed by the municipality or the county if |
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| 248 | 248 | | 24 the following three conditions are met:. |
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| 249 | 249 | | 25 "a. (2) The rental contract specifies that the |
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| 250 | 250 | | 26 lessee has been instructed in the proper and safe operation of |
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| 251 | 251 | | Page 9 1 the vessel by the lessor or the authorized agent of the |
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| 252 | 252 | | 2 lessor, and. |
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| 253 | 253 | | 3 "b. (3) The lessor in fact has complied with the |
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| 254 | 254 | | 4 terms of the rental contract and all parties sign the |
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| 255 | 255 | | 5 contract, and. |
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| 256 | 256 | | 6 "c. (4) The lessee signs a statement that the lessee |
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| 257 | 257 | | 7 is not currently under suspension or revocation of any boater |
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| 258 | 258 | | 8 safety certification or vessel operation privilege in this |
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| 259 | 259 | | 9 state. |
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| 260 | 260 | | 10 "§33-5-72. |
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| 261 | 261 | | 11 "(a) It shall be unlawful on the waters of this |
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| 262 | 262 | | 12 state for any person to operate, or give permission to another |
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| 263 | 263 | | 13 person to operate, any vessel less than 24 feet in length |
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| 264 | 264 | | 14 having an open construction and having more than 50 |
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| 265 | 265 | | 15 horsepower, unless the vessel is equipped with an emergency |
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| 266 | 266 | | 16 engine or motor shut-off switch. |
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| 267 | 267 | | 17 "(b) The shut-off switch referred to in subsection |
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| 268 | 268 | | 18 (a), shall be a lanyard-type engine cutoff switch and shall be |
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| 269 | 269 | | 19 attached to the person, clothing, or personal flotation device |
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| 270 | 270 | | 20 of the operator, as is appropriate, and shall be constructed |
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| 271 | 271 | | 21 and installed in a manner so that when in use, any removal of |
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| 272 | 272 | | 22 the operator from the normal operating station will result in |
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| 273 | 273 | | 23 the immediate shut-off of the engine or motor. |
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| 274 | 274 | | 24 "(c) For the purpose of this section, "open |
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| 275 | 275 | | 25 construction" means any vessel described herein not having a |
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| 276 | 276 | | 26 permanently affixed top or cabin. |
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| 277 | 277 | | Page 10 1 "(a) As used in this section, the following terms |
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| 278 | 278 | | 2 shall have the following meanings: |
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| 279 | 279 | | 3 "(1) COVERED RECREATIONAL VESSEL. A recreational |
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| 280 | 280 | | 4 vessel that meets all of the following requirements: |
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| 281 | 281 | | 5 "a. Less than 26 feet in overall length. |
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| 282 | 282 | | 6 "b. Capable of developing 115 pounds or more of |
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| 283 | 283 | | 7 static thrust. |
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| 284 | 284 | | 8 "(2) PROPULSION MACHINERY. A self-contained |
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| 285 | 285 | | 9 propulsion system, and includes, but is not limited to, |
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| 286 | 286 | | 10 inboard engines, outboard motors, and sterndrive engines. |
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| 287 | 287 | | 11 "(3) STATIC THRUST. The forward or backwards thrust |
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| 288 | 288 | | 12 developed by propulsion machinery while stationary. |
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| 289 | 289 | | 13 "(b) A manufacturer, distributor, or dealer that |
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| 290 | 290 | | 14 installs propulsion machinery and associated starting controls |
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| 291 | 291 | | 15 on a covered recreational vessel shall equip the vessel with |
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| 292 | 292 | | 16 an engine cut-off switch and engine cut-off switch link that |
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| 293 | 293 | | 17 meet American Boat and Yacht Council Standard A-33, as in |
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| 294 | 294 | | 18 effect on the date of the enactment of the Frank LoBiondo |
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| 295 | 295 | | 19 Coast Guard Authorization Act of 2018. |
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| 296 | 296 | | 20 "(c)(1) An individual operating a covered |
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| 297 | 297 | | 21 recreational vessel shall use an engine cut-off switch link |
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| 298 | 298 | | 22 while operating on plane or above displacement speed. |
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| 299 | 299 | | 23 "(2) The requirements of subdivision (1) do not |
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| 300 | 300 | | 24 apply under any of the following conditions: |
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| 301 | 301 | | 25 "a. The main helm of the covered vessel is installed |
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| 302 | 302 | | 26 within an enclosed cabin. |
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| 303 | 303 | | Page 11 1 "b. The vessel does not have an engine cut-off |
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| 304 | 304 | | 2 switch and is not required to have one under subsection (b). |
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| 305 | 305 | | 3 "(d) Any person violating this section shall be |
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| 306 | 306 | | 4 guilty of a Class B misdemeanor, and upon conviction shall be |
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| 307 | 307 | | 5 punishable as provided by Sections 13A-5-7 and 13A-5-12. Any |
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| 308 | 308 | | 6 person so convicted shall be fined not less than one hundred |
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| 309 | 309 | | 7 dollars ($100)." |
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| 310 | 310 | | 8 Section 3. Although this bill would have as its |
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| 311 | 311 | | 9 purpose or effect the requirement of a new or increased |
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| 312 | 312 | | 10 expenditure of local funds, the bill is excluded from further |
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| 313 | 313 | | 11 requirements and application under Amendment 621, as amended |
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| 314 | 314 | | 12 by Amendment 890, now appearing as Section 111.05 of the |
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| 315 | 315 | | 13 Official Recompilation of the Constitution of Alabama of 1901, |
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| 316 | 316 | | 14 as amended, because the bill defines a new crime or amends the |
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| 317 | 317 | | 15 definition of an existing crime. |
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| 318 | 318 | | 16 Section 4. This act shall become effective on the |
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| 319 | 319 | | 17 first day of the third month following its passage and |
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| 320 | 320 | | 18 approval by the Governor, or its otherwise becoming law. |
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| 321 | 321 | | Page 12 |
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