Alabama House Bill HB358 Enrolled / Bill

                    HB358ENROLLED
Page 0
11A63Z-3
By Representatives Shaver, Pettus
RFD: Public Safety and Homeland Security
First Read: 20-Apr-23
2023 Regular Session
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Enrolled, An Act,
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
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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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. 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, are amended to read as follows:
"§33-5-3
As used in this article chapter, the following terms
shall have the following meanings respectively ascribed to
them in this section , unless the context clearly requires a
different meaning:
(1) ALEA. The Alabama State Law Enforcement Agency.
(2) BOATING VIOLATION. 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
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of imprisonment in the county jail for not more than 30 days,
or both.
(1)(10) VESSEL. Every description of watercraft, other
than a seaplane, capable of being used as a means of
transportation on the water, but suchthe term shall does not
include vessels 12 feet in length or less when used solely on
farm ponds of less than 50 acres in size.
(2)(11) WATERS OF THIS STATE. Any waters within the
territorial limits of this state and the marginal sea adjacent
to this state and the high seas when navigated as a part of a
journey or ride to and from the shore of this state ; provided,
however, that "waters of this state" shall not be interpreted
to mean. The term does not include any private pond which is
not used for boat rentals or the charging of fees for fishing
therein.
(3)(6) OWNER. A person, other than a lienholder, having
the property in or title to a vessel. The term includes a
person entitled to the use or possession of a vessel subject
to an interest in another person, reserved or created by
agreement and securing payment or performance of an
obligation, but the term excludes a lessee under a lease not
intended as security.
(4)(7) PERSON. An individual, partnership, firm,
corporation, association , or other entity.
(8) PERSONAL WATERCRAFT. As defined under Section
33-5-51.
(5) OPERATE. To navigate or otherwise use a vessel.
(6) COMMISSIONER. The commissioner of the State
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Department of Conservation and Natural Resources.
(9) SECRETARY. The Secretary of the Alabama State Law
Enforcement Agency.
(7) STATE DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES or DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.
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. Registration by a vessel owner with
the Department of Conservation and Natural Resources ,
including the issuance of an identifying number awarded each
vessel and the issuance of a pocket-size certificate of
registration.
(9)(4) LENGTH. 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:
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(1)issuing Issuing, handling, and recording vessel
registration identifying numbers, including the receiving .
(2) Receiving and accounting of all registration fees
and payments of same to ALEA into the State Treasury ,
receiving.
(3) Receiving and recording accident reports and making
such providing reports of such the accidents to such the
applicable federal agency as may be required by federal law .
and such
(4) Investigating collisions that involve injuries or
fatalities.
(5) Any other incidental clerical work connected with
the administration of this article chapter.
(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
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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
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dollars ($2) for each certificate issued by him or her. In
counties where the judge of probate or issuing officer is on
the fee system, the issuing fee shall be retained by the judge
of probate, and, in counties where the issuing officer or
judge of probate is on a salary basis, the fee shall be paid
to the county treasury. The issuance fee provided for herein
shall be in addition to the amount of the boat registration
fee.
(b) All registration money, except the two dollar ($2)
fee allowed under subsection (a), shall be remitted monthly to
the agency ALEA not later than 10 days after the first of each
month. The agency secretary shall remit the registration money
to the State Treasurer to be deposited in the State Water
Safety Fund.
(c) All monies received out of the sale of licenses
under this article may be used by the agency secretary for all
purposes reasonably necessary in the cost of administration of
this article, including the printing of certificates of
registration, postage and transportation charges, clerical,
personnel, equipment purchases, salaries, and other expenses
for each year; 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. The secretary
shall expend the monies appropriated to the Marine
PolicePatrol Division as the secretary deems necessary and
appropriate; provided, however, that the appropriations may be
expended only for the purposes designated by the Legislature
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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. It is the intent of the Legislature that the agency
utilize existing personnel and equipment of the agency and of
the sheriffs of this state to the maximum possible extent in
enforcing and administering this article, to the end that
there be no costly duplication of services."
"§33-5-12
The numbering system employed pursuant to this chapter
shall be determined and promulgated by the Commissioner of the
Department of Conservation and Natural Resources acting
pursuant to the authority conferred on him by Section 33-5-28;
provided, that in by the secretary by rule. 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
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be licensed under this article.
(b) Should the ownership of a vessel change, a new
application form with a fee of three dollars ($3) for change
in registration shall be filed with the Department of
Conservation and Natural Resources ALEA and a new certificate
issued transferring the original vessel number to the new
owner; provided, however, that the Commissioner of
Conservation and Natural Resources may at his or her
discretion provide by duly promulgated regulations a 
secretary, by rule, may adopt a system for the issuance of
such the changes of registration by the judges of probate
judges and license commissioners of this state, and, in the
event such the change of registration certificates are issued
by such judges of probate judges and license commissioners,
they shall be entitled to a fee therefor of two dollars ($2).
(c) No citizen or resident of this state person may
operate his or her a vessel on the waters of this state when
such the vessel is under foreign registry; provided, however,
that any such citizen or resident person 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
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this state pursuant to this article or of the destruction or
abandonment of such the vessel within 15 days thereof. Such
The transfer, destruction, or abandonment shall terminate the
certificate for such the vessel; except, that in the case of a
transfer of a part interest which does not affect the owner's
right to operate such the vessel, such the transfer shall not
terminate the certificate.
(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. The Department of Conservation and Natural Resources
secretary may provide in its rules and regulations adopt rules
for the surrender of the certificate bearing the former
address and its replacement with a certificate bearing the new
address or for the alteration of an outstanding certificate to
show the new address of the holder.
(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. Such applications must Each
application shall be made upon forms furnished by the Division
of Marine Police of the Department of Conservation and Natural
Resources ALEA.
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(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. A judge of probate or license commissioner who issues a
duplicate registration certificate pursuant to this subsection
shall be entitled to a fee of two dollars ($2) for each
duplicate certificate ."
"§33-5-20
(a)(1) The sheriffs of this state may be designated as
special agents to sell boat licenses as provided for herein . 
(2) The Commissioner of Conservation and Natural
Resources is authorized to secretary may appoint other special
agents to sell boat licenses as provided for herein ; provided,
however, that the Commissioner of Conservation and Natural
Resources may not appoint any special agent until the agent is
appointed pursuant to this subdivision shall be bonded for not
less than five thousand dollars ($5,000).
(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
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and Natural Resources ALEA in the same manner as judges of
probate judges and license commissioners.
(c) The Commissioner of Conservation and Natural
Resources is further authorized to secretary may cancel such a
special agents' agent's authority to sell licenses at any time
he or she may so desire .
(d) Special agents shall be entitled to an issuance fee
of two dollars ($2).
(e) Any special agent selling licenses in excess of the
cost of licenses as herein specified shall be guilty of a
Class C misdemeanor and upon conviction thereof shall be
punished by a fine of not more than one hundred dollars
($100)."
"§33-5-21
(a) The Department of Conservation and Natural
Resources through its agents and employees shall have the
right to Alabama State Law Enforcement Agency may inspect at
any reasonable time all boats owned or controlled by a livery
operator for the purpose of ascertaining their seaworthiness
and safety.
(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 Resources ALEA shall immediately notify the livery
operator in writing as to the unsafe or unseaworthy condition
of such the boat or boats.and, after suchAfter receipt of the
notification, it shall be unlawful for the boat liveryman
livery operator to rent or offer to rent any the boat. found
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to be in such condition; provided, however, that if such
(c) If ALEA determines that a cited boat can be placed
in a seaworthy or safe condition by repairs or alterations as
so directed by the department , the same may then boat may
again be used for rental purposes but only after another
inspection of the vessel to ascertain after ALEA performs an
inspection on the vessel and determines whether or not such
that the repairs or alterations have been duly made."
"§33-5-22
(a) Every vessel , while being operated on the waters of
this state, shall be equipped with reasonable safety devices
and navigation lights as may be required under regulations
promulgated in accordance with rules adopted by the
Commissioner of Conservation and Natural Resources secretary.
No person shall operate or give permission for the operation
of a vessel which that is not equipped as is required by rules
rule and regulations duly promulgated by of the commissioner
of the Department of Conservation and Natural Resources
secretary.
(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
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Department of Conservation and Natural Resources .
(c) Airboats shall display a flag 10 by 14 inches on a
12 foot mast.
(d) A diver's flag must be displayed on the surface of
any water where skin divers or snorkelers are operating as may
be stipulated by the Department of Conservation and Natural
Resources required by the secretary by rule .
(e) Every vessel less than 26 feet in length designed
to carry one or more persons and to be propelled by machinery
as its principal source of power or designed to be propelled
by oars shall, if manufactured or offered for sale in this
state, have affixed permanently thereto by the manufacturer a
capacity plate as required by rules and regulations duly
promulgated by the Commissioner of the Department of
Conservation and Natural Resources. This subsection shall
apply to vessels manufactured after January 1, 1971.
(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,
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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 .
(b) No person shall use or have on board his or her
vessel a siren of any type while operating on the waters of
this state except as may be specifically allowed by the
Commissioner of Conservation and Natural Resources the
secretary for enforcement purposes.
(c) A violation of this section is a boating
violation."
"§33-5-25
(a) It shall be the duty of the The operator of a
vessel involved in a collision, accident, incident, or other
casualty, so far as he or she can do so without serious danger
to his or her own vessel, crew, and passengers, if any, to
shall render to other persons affected by the collision,
accident, incident, or other casualty assistance as may be
practicable and as may be necessary in order to save them from
or minimize any danger caused by the collision, accident,
incident, or other casualty , and also to. 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
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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 .
(c)(1) Except as otherwise provided in this section,
All all accident reports required by this section made by
persons involved in accidents shall be without prejudice to
the individuals so reporting filing the required reports and
shall be for the confidential use of the Department of
Conservation and Natural Resources ALEA or other governmental
agencies having use of the record ; except, that the Department
of Conservation and Natural Resources .
(2) The Alabama State Law Enforcement Agency may
disclose the identity of a person involved in an accident when
the identity is not otherwise known or when the person denies
his or her presence at the accident.
(3) No report shall be used as evidence in any trial,
civil or criminal, arising out of an accident ; except, that
the Department of Conservation and Natural Resources shall
furnish. 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
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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.
(b) No person shall may operate a vessel on any waters
of this state towing a person or persons on water skis, 	an
aquaplane, or any other recreational device, nor shall any
person engage in water skiing, aquaplaning, or similar
activity, at any time between the hours from one hour after
sunset to one hour or before sunrise.
(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
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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.
(e) Subsection (a) shall not apply to personal
watercraft as defined in Section 33-5-51.
(f) Any person who violates this section shall be
guilty of a Class B misdemeanor boating violation , punishable
upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted shall be fined not less than one
hundred dollars ($100) ."
"§33-5-27
(a) The commissioner secretary shall adopt and may from
time to time amend regulations rules concerning the safety of
vessels and persons thereon, either observers of or
participants, observing or participating in any regatta,
motorboat, or other boat race, marine parade, tournament , or
exhibition.
(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
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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."
"§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
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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) Nothing in this chapter shall be construed to
prevent the adoption of any ordinance or local law relating to
operation of vessels the provisions of which are identical to
the provisions of this article, amendments thereto or
regulations issued chapter or rules adopted thereunder;
provided, that such the ordinances or local laws shall be
operative only so long as and to the extent that they continue
to be identical to the applicable provisions of this article ,
amendments thereto or regulationsrule issued thereunder.
(b)(1) Any subdivision of this state may, at any time,
but only after public notice, may make formal application to
the commissioner secretary for special rules and regulations
with reference to for the operation of vessels on any waters
within its territorial limits and shall set forth therein in
the application the reasons which make such the special rules
or regulations are necessary or appropriate.
(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
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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
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
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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.
When an arrest for violation of the provisions of this article
or regulations promulgated thereunder is made by a salaried
officer of 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 Department of Conservation and Natural Resources, which
fee shall be deposited to the credit of the Water Safety Fund.
If the officer making the arrest be a nonsalaried officer and
if said fee is collected from the defendant, said nonsalaried
officer shall be entitled to said fee; provided, that no
person shall be entitled to receive an informer's fee; and,
further provided, that no fee shall be allowed in cases of
acquittal. 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
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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:
(1) Imprisonment in the county jail for not more than
30 days.
(2) Payment of a fine of not more than two hundred
dollars ($200).
(3) Both imprisonment and fine.
(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
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conventional manner of sitting or standing inside the vessel.
(b) A person may not operate a personal watercraft on
the waters of this state , as waters are defined in Section
33-5-3, unless each person operating, riding on, or being
towed by the vessel is wearing a personal flotation device
approved by the United States Coast Guard, in accordance with
rules and regulations by the Commissioner of the Department of
Conservation and Natural Resources adopted by the secretary .
(c) A person operating a personal watercraft on the
waters of this state that does not have self circling
self-circling capability, shall have a lanyard type engine
cutoff switch and must shall attach the lanyard to the his or
her person, clothing, or personal flotation device , as is
appropriate.
(d)(1) A person commits the crime of reckless operation
of a personal watercraft shall at all times be operated on the
waters of this state in a reasonable and prudent manner.
Maneuvers which if the person maneuvers the personal
watercraft in a reckless manner that endanger endangers life,
limb, or property, or create creates a public nuisance,
including, but not limited to , any of the following, weaving
maneuvers:
a. Weaving through congested vessel traffic at high
speed, following.
b. Following closely behind within the wake of a vessel
towing a person or persons on water skis, surfboard, or other
water sport device , jumping.
c. Jumping the wake of another vessel travelling
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traveling in the same direction in close proximity to the
vessel, cutting.
d. Cutting between a boat vessel and the person or
persons being towed by that boat vessel, or crossing.
e. Crossing at right angles in close proximity to the
stern of another vessel or when visibility around the other
vessel is obstructed , or steering.
f. Steering a vessel toward any object or person in the
water and turning sharply at close range so as to spray the
object or person , shall all constitute the reckless operation
of a vessel, as provided in subsection (a) of Section 33-5-70	.
(2) Any person violating this subsection shall be
punished upon conviction as provided in Section 33-5-70.
(e) No person under the age of 12 shall 14 years of age
may operate a personal watercraft on the waters of this state,
and persons who are at least 12 and over may only operate
personal watercraft on the waters of this state to the extent
otherwise permitted except as provided under Section 33-5-57
or as otherwise authorized by law.
(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
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Conservation and Natural Resources rule of the secretary .
(h) Any person who violates this section, except as
otherwise provided in subsection (d), shall be guilty of a
Class B misdemeanor boating violation , punishable upon
conviction as provided in Sections 13A-5-7 and 13A-5-12. All
persons so convicted shall be fined not less than twenty-five
dollars ($25). All fines collected for violation of this
section shall be paid into the State Water Safety Fund .
(i) This section does not apply to a performer engaged
in a professional exhibition or a person participating in a
regatta, race, marine parade, tournament, or exhibition
permitted by the Marine Patrol Division and held in compliance
with Section 33-5-27 , and any rules and regulations issued by
the Commissioner of Conservation and Natural Resources adopted
by the secretary ."
"§33-5-52
(a)(1) Every person, except those specifically exempted
by statutory enactment, within five years from April 28, 1994,
shall procure a boater safety certification before operating a
motorized vessel upon the waters of this state , as defined in
Section 33-5-3. This section shall does not apply to the
operation of any non-motorized sailboat, rowboat, or canoe. 
(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: 
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(1)a. The vessel has been registered in the name of the
person; and (2) a.
b. A bill of sale for the vessel, indicating that the
person is the purchaser and owner of the vessel, is in the
possession of the person at all times of operation. 
(3) In addition, any person while A person taking test
drives of vessels for sale , when accompanied by a licensed
vessel dealer, shall be exempt during the drive from the
certification.
(4) Every new resident of the State of Alabama, before
operating a motorized vessel, shall procure the certification
within 30 days after establishing residence in this state.
(b) Each boater safety certification issued to a
person, if issued at the same time the person is issued a
valid Alabama motor vehicle driver or learner license, or
valid Alabama nondriver identification card, or if issued
prior to the expiration date of the driver or learner license
or card, shall expire on the expiration date of the person's
valid Alabama motor vehicle driver or learner license or card.
In all other cases, the expiration date of each boater safety
certification shall be four years from the date of issuance.
(c) Every boater safety certification issued under this
article may be renewed at the end of the certification period
without examination upon application. For the purpose of
renewal of a boater safety certification, the Department of
Public Safety ALEA shall mail renewal notices to each
certification holder 30 days after the expiration date if the
certification has not been renewed. A grace period of 60 days
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after the expiration date of certification shall exist for the
purpose of certification renewal and the certification shall
be valid for this time period. The applicant shall apply for
renewal of certification any time during a period beginning 30
days before the expiration date of the then current
certification until three years after the expiration date of
certification. Failure to make application for renewal within
the specified time shall result in the applicant being
required to take, and successfully pass, a written or oral
examination as administered by the Department of Public Safety
ALEA. If any person's birthday is February 29, the first day
of March following shall be regarded as the birthday for the
purposes of this section.
(d) Nonresidents at least 12 or more years of age who
have in their immediate possession a valid boater safety
certification or vessel operator's certification issued in
their home state or country shall be exempt from the
requirements of this section, but under no circumstances shall
a person be granted any privileges of operation beyond those
granted to an Alabama resident certification holder of the
same age.
(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
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residents. Nonresidents may be examined and obtain
certification in any county and the certification shall be
entitled "Nonresident Alabama Boater Safety Certification,"
but under no circumstances shall a person be granted any
privileges of operation beyond those granted to an Alabama
resident certification holder of the same age.
(f) A person operating a vessel pursuant to a valid and
legal commercial activity, shall, during the period of time of
that activity only, shall be exempt from the requirement of
boater safety certification. Otherwise, the person shall be
subject to the requirement.
(g) A person, while using a rental vessel from a boat
rental business duly licensed by the applicable municipality
or county, shall be exempt from the certification requirements
of this section if the following conditions are met:
The person rents a vessel from a boat rental business
duly licensed by the municipality or the county if the
following three conditions are met:
a.(1) The rental contract specifies that the lessee has
been instructed in the proper and safe operation of the vessel
by the lessor or the authorized agent of the lessor , and.
b.(2) The lessor in fact has complied with the terms of
rental contract and all parties sign the contract , and.
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
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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.
(2) No person shall be eligible for, or issued, an
exemption from examination in the event the person is
convicted, on or after April 28, 1994, of violating any crime
relating to the operation of a vessel, whether contained in
this article chapter or otherwise, for which a person's boater
safety certification or vessel operating privileges shall be
suspended or revoked pursuant to this article chapter.
(3)a. 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 Safety secretary 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.
b. Any operator of a boat who is 40 years of age or
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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 or vessel that is a holder of
a current valid United States Coast Guard license issued under
Section 46, Code of Federal Regulations, Part 10, is exempt
from the safety certification requirements of Section 33-5-52,
only while performing the duties of the operator, including,
but not limited to, the following: Carrying passengers for
hire on United States navigable waters; on all towboats
greater than 26 feet engaged in towing; on any steam propelled
vessel; on any sea-going vessel greater than 200 gross tons;
on any vessel engaged in off-shore oil or mineral production;
and on all boats or vessels over 200 gross tons. Also exempt
from the safety certification requirements of Section 33-5-52,
only upon proof of valid documentation and only while
performing commercial fishing duties, is an operator of a
commercial fishing vessel or boat. A person holding a valid
United States Coast Guard motorboat operator's license, and a
person submitting a valid certificate of successful completion
of any of the following boating courses: (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.
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(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.
(c) The Commissioner of Conservation and Natural
Resources secretary shall establish from time to time as
necessary the kind of examination or test to be given, which
shall be of similar length and content as the motor vehicle
driver license examination, and the method and manner of
giving the test and ascertaining and reporting the results.
Reports of all examinations shall be on forms provided by the
Director of Public Safety secretary and shall show whether or
not the applicant passed the examination. No provision of this
subsection shall be construed to require a test of driving
skills. The rules and regulations promulgated adopted by the
commissioner secretary pursuant to this subsection shall be
subject to the Administrative Procedure Act.
(d) If the applicant passes the examination, a
certificate to that effect shall be given, on a form provided
by the Director of Public Safety secretary, by the officer,
state trooper, or duly authorized agent of the Director of
Public Safety individual conducting the test. 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
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secretary along with the application at the time the
application is sent.
(e) If any person fails to pass the examination given,
no certificate shall be given and no application for a boater
safety certification shall be accepted by a judge of probate
or license commissioner unless it is accompanied by a
certificate showing that the applicant has passed the
examination.
(f) The application fees shall be retained by the
Department of Public Safety secretary and are appropriated on
a continuous basis and shall be utilized and expended for
boating safety or law enforcement purposes and shall not
revert to the General Fund at the end of the fiscal year."
"§33-5-54
(a) Unless otherwise provided in this article, upon the
installation of a system for the issuance of boater safety
certifications with color photographs of holders, all
certifications and renewals issued in this state shall be
issued in the following manner:
(1) The person shall apply under oath to the judge of
probate or license commissioner of the county of residence for
the certification or renewal upon a form which shall be
provided by the Director of Public Safety secretary.
(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.
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(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. Consistent with this
goal, it is the legislative intent to not require payment for
boater safety certifications when certifications are obtained
at the time of issuance of a valid Alabama motor vehicle
driver or learner license or valid Alabama nondriver
identification card, but rather utilize one card for those
purposes.
(c) The following requirements shall apply to persons
obtaining boater safety certifications other than at the time
of issuance of their Alabama motor vehicle driver or learner
license or identification card:
For the purpose of defraying the cost of issuing boater
safety certifications with color photographs of the holder
thereon, the judge of probate or license commissioner shall
collect for each certification the sum of twenty dollars ($20)
for a four-year certification, and the judge of probate or
license commissioner shall give the applicant a 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
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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. One copy of the report, together with all
applications received, shall be forwarded to the Director of
Public Safety secretary and one copy shall be retained by the
judge of probate. On the tenth day of every month, the judge
of probate shall prepare a report showing the number of
applications received and the amount of fees received during
the previous calendar month; provided, that the report shall
be prepared on the twentieth day in October, November, and
December. One copy of the report shall be forwarded to the
Director of Public Safety secretary, one to the Commissioner
of Conservation and Natural Resources , one to the state
Comptroller, and one to the State Treasurer, and the judge of
probate shall retain a copy. 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
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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
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. The remaining
three-fifths shall be paid into the public highway and traffic
fund of the county. 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 ($1.50). The funds
remitted to the State Treasurer under this section , shall be
deposited into the Highway Traffic Safety Fund for the
Department of Public Safety within the State Treasury. All
money deposited in the State Treasury to the credit of the
Highway Traffic Safety Fund for the Department of Public
Safety shall be expended for law enforcement purposes and
shall be appropriated on a continuous basis and shall not
revert to the General Fund of the State Treasury."
"§33-5-56
(a) Each boater safety certification issued by the
Department of Public Safety ALEA, except for temporary
certifications issued pursuant to Section 33-5-54, or except
special circumstances as determined by the Director of the
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Department of Public Safety secretary, shall bear thereon a
distinguishing number assigned to the holder and a color
photograph of the holder, the name, birth date, address, and a
description of the holder, who, for the purpose of
identification and as a condition precedent to the validity of
the certification, immediately upon receipt thereof, shall
endorse his or her usual or regular signature in ink or
electronically upon the certification in the space provided,
unless a facsimile of the holder's signature appears.
(b) The photo boater safety certification, as provided
in Section 33-5-54, shall have a photo core that meets the
minimum width and length dimensions specified in ANSI
standards X4.13-1971 and ANSI standard CR80, plus or minus 1/4
inch. In addition to all current and existing any other fees,
the Department of Public Safety ALEA may charge an additional
fee to recover the cost of obtaining boater safety
certifications and terminal support equipment from the
supplier. The fee may not exceed ten cents ($.10) over the
actual cost of obtaining the necessary material from the
supplier. Revenues collected under this section shall be used
by the department ALEA for the sole purpose of this program
and any excess shall revert to the State General Fund at the
end of each fiscal year.
(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
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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. No additional fees shall may be
collected or retained for the issuance of a boater safety
certification under these circumstances. Any person may have a
duplicate card issued, at the same cost as the original cost,
for the convenience of the individual. The duplicate shall be
marked "duplicate."
"§33-5-58
(a) Any person with physical disabilities, a record of
an impairment, or regarded as having an impairment, shall be
subject to the same laws , and rules, and regulations set forth
adopted by the Department of Public Safety and the Department
of Conservation and Natural Resources secretary relating to the
certification of an individual to operate a vessel.
(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
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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. At the hearing, the person
shall have the right to be represented by counsel and to
present witnesses including, but not limited to, a physician
of choice. The person may appeal any decision to the circuit
court of competent jurisdiction for a trial de novo.
(d) This section shall be interpreted to be consistent
with and to further the purposes and policies of Section 504
of the Rehabilitation Act of 1973, as amended, 34 CFR Part 104
and P.L. 101-336, The Americans with Disabilities Act of 1990,
together with implementing regulations, and amendments to the
laws and regulations."
"§33-5-59
Every holder of a boater safety certification shall
have the certification in personal possession at all times
when operating a motorized vessel and shall display the
certificate upon demand of a judge of any court , a peace
officer, state marine police officer, or a state trooper or
law enforcement officer . 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
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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.
(b) Nothing in this article shall in any way affect the
revocation of certifications of another state.
(c) The reciprocal agreement can may be annulled on
notice issued to either party by the other party within 30
days.
(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
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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 .
(c) The Commissioner of Conservation and National
Resources may secretary, upon receiving satisfactory evidence
of any violation of the restrictions of certification subject
to subsection (a), may suspend the certification , but the
person shall be entitled to a hearing as upon a suspension
under Section 33-5-75.
(d) It shall be a Class C misdemeanor for any person to
operate A person who operates a vessel in any manner in
violation of the restrictions imposed in a restricted
certification shall be guilty of a boating violation . Any
fines collected for the violation of this section shall be
deposited into the State Water Safety Fund. "
"§33-5-62
(a) The Commissioner of Conservation and Natural
Resources secretary may establish and promulgate adopt
reasonable rules and regulations, not in conflict with the
laws of this state, concerning the operation of vessels and
concerning the enforcement of this article chapter. All fines
collected shall be deposited into the State Treasury to the
credit of the State Water Safety Fund. 
(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
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suspended or revoked, as well as hearing procedures related to
the suspension or revocation of certifications. Point values
shall be assigned based on the severity of a boating
violation, as determined by the secretary. Reports of boating
violations shall retain their point value for suspension
purposes for a period of two years from the date of
conviction; provided, if any period of suspension is
mitigated, the points shall remain effective during any period
of probation which may be imposed.
(c) Unless otherwise provided by law, the penalty for
the violation of any rules and regulations promulgated rule
adopted under this article shall be a Class C misdemeanor
punishable upon conviction as provided in Sections 13A-5-7 and
l3A-5-12. A person so convicted shall be fined boating
violation not less than fifty dollars ($50) ."
"§33-5-63
The Director of Public Safety secretary shall file
every application for a boater safety certification received
by him and shall maintain suitable indices. The Commissioner
of Conservation and Natural Resources secretary 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
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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:
(1) Upon application for a first duplicate, the person
may upon payment of shall pay a fee of five dollars ($5) and
upon furnishing furnish proof to the Director of Public Safety
secretary that the certificate has been lost or destroyed ,
secure a duplicate . 
(2) The Upon application for a second and or subsequent
duplicates duplicate, the person shall pay applied for will
require the payment of a fee of fifteen dollars ($15) and ,
upon furnishing furnish proof satisfactory to the Director of
Public Safety secretary that the previously held certification
or duplicate has been lost or destroyed , a duplicate may be
secured.
(b) Application for the a duplicate shall be made to
the Director of Public Safety secretary on forms provided by
the official ALEA. 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 . The fee
shall be retained by the Department of Public Safety ALEA,and
is appropriated on a continuous basis , and shall be utilized
and expended for boating safety or law enforcement purposes	.
and The fee shall not revert to the General Fund at the end of
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the fiscal year.
(b)(c) Any person making a false affidavit to the
Director of Public Safety secretary for the purpose of
obtaining a duplicate certification shall be guilty of a Class
C misdemeanor and upon conviction shall be punished as
provided in Sections 13A-5-7 and 13A-5-12. Any person so
convicted shall be fined not less than fifty dollars ($50).
All fines collected for the violation of this subsection shall
be deposited into the State Water Safety Fund.
(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
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if the cancelled, suspended, or revoked certification is not
voluntarily surrendered within 30 days of a cancellation,
suspension, or revocation notice. 
(b) Upon receipt of the reinstatement fee, clearance
for recertification will shall be provided. The second and any
subsequent clearance for recertification for this action will
shall be provided for a fee of five dollars ($5). 
(c) Upon reinstatement , the holder is required to shall
obtain a duplicate certification with a new photograph and
current personal data. 
(d) Fees collected by the director under this section
shall be deposited into the State Treasury to the credit of
the State Water Safety Fund retained 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.
Any person so convicted shall be fined not less than
twenty-five dollars ($25) .
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(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 ($25) .
(c) Any person who willfully makes a false statement
under oath in an application for or renewal for of a boater
safety certification, shall be guilty of perjury and upon
conviction is punishable shall be punished as provided by law.
(d) Any person who willfully conceals or withholds a
material fact called for in an application for or renewal of a
boater safety certification, with intent to obtain
certification by fraud, 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
($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
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misdemeanor and, upon conviction, is punishable as provided in
Sections 13A-5-7 and 13A-5-12. Any person so convicted boating
violation shall be fined not less than twenty-five dollars
($25).
(f) All fines, penalties, or forfeitures imposed and
collected under this article shall be forwarded immediately by
the officer of the court who collects them to the Commissioner
of Conservation and Natural Resources secretary, together with
a report giving a list and description of each case in which a
fine, penalty, or forfeiture was collected. The reports shall
be on forms provided by the commissioner secretary and shall
contain information as the commissioner secretary may require.
All moneys monies received by the commissioner secretary shall
be covered by him immediately upon receipt deposited into the
State Treasury to the credit of the State Water Safety Fund.
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,
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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 person so convicted shall be boating
violation and fined not less than one hundred dollars ($100).
Also, at the discretion of the Commissioner of Conservation
and Natural Resources secretary, the person's certification or
privilege may be revoked or suspended for an additional
revocation period of six months."
"§33-5-68
(a) Every applicant for an original boater safety
certification shall be required to pay an application fee of
five dollars ($5) to the Department of Public Safety secretary
upon applying to the officer, state trooper, or duly
authorized agent of the Director of Public Safety, or to one
of them where there is more than one person designated by the
Director of Public Safety, secretary to conduct examinations
in the county of the applicant's residence. The five dollar
($5) application fee shall be required prior to the issuance
of each certification of examination or exemption from
examination.
(b) The Department of Public Safety secretary shall
issue proper receipts for the application fee. 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
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(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.
(b) Any personal flotation devices required in this
section shall be strapped, snapped, or zippered securely and
maintained in good condition at all times they are required to
be worn.
(c) Any person who fails to require or permits any
person under their legal custody or control to fail to comply
with, violates the requirements of this section , shall be
guilty of a Class B 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 one hundred dollars ($100) ."
"§33-5-70
(a) It is unlawful to operate a vessel in a reckless
manner upon the waters of this state. 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
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likely to endanger, the life, limb, or damage the property of,
or injure any person. Any person who violates this subsection
is shall be guilty of a Class A misdemeanor , punishable upon
conviction as provided in Sections 13A-5-7 and 13A-5-12. Any
person so convicted and shall be fined not less than one
hundred fifty dollars ($150).
(b) Any person operating a vessel upon the waters of
this state shall operate the vessel in a reasonable and
prudent manner, so as not to endanger the life, limb, or
property of any person. The endangerment of life, limb, or
property through the negligence, carelessness, or inattention
of any person operating a vessel on the waters of this state
shall constitute careless operation of a vessel. Vessel wake
and shoreline wash resulting from the reasonable and prudent
operation of a vessel shall, absent negligence, shall not
constitute damage or endangerment to property. Any person who
violates this subsection is 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).
(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,
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is shall be guilty of a Class C 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).
(2) A person whose violation of the rules and
regulations does not result in a boating accident and does 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. Any person so
convicted boating violation shall be fined not less than fifty
dollars ($50).
(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
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section.
(b) Any person violating who violates this section
shall be guilty of a Class B misdemeanor, and upon conviction
shall be punished as provided by Sections 13A-5-7 and
13A-5-12. Any person so convicted boating violation shall be
fined not less than one hundred dollars ($100) ."
"§33-5-72
(a) It shall be unlawful on the waters of this state
for any person to operate, or give permission to another
person to operate, any vessel less than 24 feet in length
having an open construction and having more than 50
horsepower, unless the vessel is equipped with an emergency
engine or motor shut-off switch.
(b) The shut-off switch referred to in subsection (a),
shall be a lanyard-type engine cutoff switch and shall be
attached to the person, clothing, or personal flotation device
of the operator, as is appropriate, and shall be constructed
and installed in a manner so that when in use, any removal of
the operator from the normal operating station will result in
the immediate shut-off of the engine or motor.
(c) For the purpose of this section, "open
construction" means any vessel described herein not having a
permanently affixed top or cabin.
(a) As used in this section, the following terms have
the following meanings:
(1) COVERED RECREATIONAL VESSEL. A recreational vessel
that meets both of the following requirements:
a. Measures less than 26 feet in overall length.
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b. Is capable of developing 115 pounds or more of
static thrust.
(2) PROPULSION MACHINERY. A self-contained propulsion
system, including, but not limited to, inboard engines,
outboard motors, and sterndrive engines.
(3) STATIC THRUST. The forward or backward thrust
developed by propulsion machinery while stationary.
(b) A manufacturer, distributor, or dealer that
installs propulsion machinery and associated starting controls
on a covered recreational vessel shall equip the vessel with
an engine cut-off switch and an engine cut-off switch link
that meet American Boat and Yacht Council Standard A-33, as in
effect on the date of the enactment of the Frank LoBiondo
Coast Guard Authorization Act of 2018.
(c)(1) An individual operating a covered recreational
vessel shall use an engine cut-off switch link while operating
on plane or above displacement speed.
(2) The requirements of subdivision (1) do not apply
under either of the following conditions:
a. The main helm of the covered recreational vessel is
installed within an enclosed cabin.
b. The covered recreational vessel does not have an
engine cut-off switch and is not required to have one under
subsection (b).
(d) Any person violating who violates this section
shall be guilty of a Class B misdemeanor, and upon conviction
shall be punishable as provided by Sections 13A-5-7 and
13A-5-12. Any person so convicted boating violation shall be
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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. The commissioner secretary may promulgate rules and
regulations establishing establish speed zones, including
no-wake zones, in areas on the waters of this state as deemed
hazardous by the commissioner .
(b) A person who violates this section shall be guilty
of a boating violation. "
"§33-5-74
(a) Except in case of emergency, no person shall moor
or fasten a vessel to a lawfully placed aid-to-navigation
marker, sign, or buoy, regulatory marker, sign, or buoy, or
area boundary marker, sign, or buoy, placed or executed by any
governmental agency.
(b) No person shall willfully damage, alter, or move a
lawfully placed aid-to-navigation marker, sign, or buoy,
regulatory marker, sign, or buoy, or area boundary marker,
sign, or buoy.
(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
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(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. Upon cancellation , the holder shall surrender
the his or her canceled certification cancelled and any
duplicate of the certification . A holder who refuses to
surrender the certification and any duplicate shall be guilty
of a Class C misdemeanor, punishable upon conviction as
provided in Sections 13A-5-7 and 13A-5-12.
(b) The privilege of operating a vessel on the waters
of this state, as defined in Section 33-5-3, shall be subject
to suspension or revocation by the commissioner secretary in
like manner and for like cause as a boater safety
certification may be suspended or revoked.
(c) The commissioner may secretary, upon receiving a
record of the conviction in this state of a nonresident
operator of a vessel of any offense, may forward a certified
copy of the record to the boater safety administrator in the
state where the person was convicted is a resident.
(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
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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.
(f) The commissioner secretary may give effect to
conduct of a resident in another state as is provided by the
laws of this state had the conduct occurred in this state.
(g) Whenever When any person is convicted of any
offense for which this article makes mandatory the revocation
of the certification of the person, the court in which the
conviction is had shall require the surrender of the
certification documents and duplicates of any boater safety
certification then held by the person convicted and the court
shall thereupon forward the proof of certification surrendered
together with a record of the conviction to the commissioner
secretary.
(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 Within10 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
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the suspension of the certification or vessel operating
privilege of the person so convicted.
(i) For the purposes of this section, the term
"conviction" shall mean a final conviction. Also, for the
purposes of this section, an unvacated forfeiture of bail or
collateral deposited to secure a defendant's appearance in
court, a plea of nolo contendere accepted by the court, the
payment of a fine, a plea of guilty , or a finding of guilt of
a boating or vessel operation violation charge , shall be
equivalent to a conviction regardless of whether the penalty
is rebated, suspended, or probated.
(j) The commissioner secretary shall forthwith revoke
the certification or vessel operating privilege of any person
upon receiving a record of the person's conviction of any of
the following offenses:
(1) Manslaughter or homicide by vehicle or vessel
resulting from the operation of a vessel.
(2) Any violation of Section 32-5A-191.3 which requires
revocation.
(3) Any offense of any law or regulation rule for which
mandatory revocation is required upon conviction.
(4) Any felony in the commission of which a vessel is
used.
(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
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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.
(7) Conviction upon three charges of reckless or
careless operation of a vessel committed within a period of 12
months.
(8) Unauthorized use of a vessel belonging to another ,
which act use does not amount to a felony.
(k) The Commissioner of Conservation and Natural
Resources secretary may suspend the certification or operating
privilege of a vessel operator person without preliminary
hearing upon a showing by its records or other sufficient
evidence that the operator person did any of the following:
(1) Has committed an offense for which mandatory
revocation is required upon conviction.
(2) Has been convicted of any offense under Section
32-5A-191.3 which provides for suspension.
(3) Has been convicted of any offense of any law or
regulation rule which provides for suspension.
(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
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by other evidence.
(6) Is incompetent to operate a vessel.
(7) Has permitted an unlawful or fraudulent use of
certification.
(8) Has committed an offense in another state which if
committed in this state would be grounds for suspension or
revocation.
(9) Has been convicted of fleeing or attempting to
elude a marine police officer any law enforcement officer .
(10) Has violated a restricted boater safety
certification pursuant to Section 33-5-61.
(l) Upon suspending the certification or operating
privilege of any person, the Commissioner of Conservation and
Natural Resources secretary shall immediately notify the
person in writing and upon request shall afford the person an
opportunity for a hearing as early as practicable, not to
exceed 30 days after receipt of the request, in the county
where the person resides or in Montgomery County in the case
of a nonresident, unless the Commissioner of Conservation and
Natural Resources secretary and the person agree that the
hearing may be held in some other county. The hearing shall be
before the Commissioner of Conservation and Natural Resources
secretary or a duly authorized agent. 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
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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. If the certification or operating privilege has
been suspended as a result of the person's operation while
under the influence of alcohol, the commissioner secretary or
duly authorized agent conducting the hearing shall take into
account shall consider, among other relevant factors, the
person's successful completion of any duly established
waterway intoxication seminar, "DUI counterattack course," or
similar educational program designed for problem drinking
operators. If the hearing is conducted by a duly authorized
agent instead of by the Commissioner of Conservation and
Natural Resources secretary, the action of the agent shall
first be approved by the Commissioner of Conservation and
Natural Resources secretary prior to implementation.
(m) At the end of the period of suspension, a
certification surrendered to the Commissioner of Conservation
and Natural Resources under subsection (n) shall be returned
to the person.
(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
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duplicates to the Commissioner of Conservation and Natural
Resources ALEA. If the person refuses to surrender the
certification, the person shall be guilty of a Class C
misdemeanor punishable as provided by law .
(o)(n) Any resident or nonresident whose certification
or privilege to operate a vessel in this state has been
suspended or revoked, as provided in this section, shall may
not operate a vessel in this state under a certification	, or
other approved valid document issued by any other jurisdiction
or otherwise during the suspension or after revocation until a
new Alabama certification or privilege is obtained as
permitted under this article.
(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 is
vested with shall have jurisdiction for hearing the petitions
for certification or operating privilege. The circuit court
shall set the matter for hearing upon 30 days' written notice
to the Commissioner of Conservation and Natural Resources
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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.
(b) Any person violating this section shall be guilty
of a Class C misdemeanor that is punishable, upon conviction,
as provided by Sections 13A-5-7 and 13A-5-12. Any person so
convicted shall be fined not less than one hundred dollars
($100) boating violation .
(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
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Resources secretary and the State Superintendent of
Education."
Section 2. (a) For purposes of this section, an
electronic boating traffic ticket, or "e-ticket," is defined
as a ticket that is generated and printed at the site of an
offense committed on the waters of this state, as defined
under Section 33-5-3, Code of Alabama 1975, after the
violation has been electronically transmitted to the court.
(b) When any person is arrested for an offense
committed on the waters of this state, the arresting officer,
unless otherwise provided in this section, shall take the name
and address of the person and registration information of his
or her vessel and issue a summons or otherwise notify the
person in writing or by an e-ticket to appear at a time and
place to be specified in the summons, notice, or e-ticket.
 (c) An arresting officer shall transfer the arrest and
licensing information of a violator electronically to the
court. The court shall electronically record the arrest and
issue a complaint and summons or notice to appear, which shall
be printed at the site of the offense and given to the
violator.
(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
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state.
(e)(1) Except when an arresting officer cites a person
with an e-ticket, the officer, upon the giving by the person
of the required bond to appear at a certain time and place,
shall release the person from custody.
(2) Except when an arresting officer cites a person
with an e-ticket, a person refusing to give bond to appear
shall be taken immediately by the arresting officer before the
nearest or most accessible magistrate.
(3) When an e-ticket is used by an arresting officer, a
person shall be deemed to have given his or her written bond
to appear in court on the date as specified on the e-ticket.
(f) Any person who willfully violates his or her
written bond by failing to timely appear shall be guilty of a
Class C misdemeanor regardless of the disposition of the
charge upon which he or she was originally arrested. 
(g) This section does not apply to any of the following
persons:
(1) A person arrested and charged with an offense
causing or contributing to an accident resulting in injury or
death to any person.
(2) A person charged with operating a vessel in
violation of Section 32-5A-191.3, Code of Alabama 1975.
(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
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magistrate.
Section 3. Sections 12-12-50, 12-12-51, 12-12-52,
12-12-55, and 12-19-179, Code of Alabama 1975, are amended to
read as follows: 
"§12-12-50
As used in this article, the following terms have the
following meanings:
(1) BOATING VIOLATION. As defined in Section 33-5-3.
A "traffic infraction" is any (2) TRAFFIC INFRACTION.
Any violation of a statute, ordinance , or rule relating to the
operation or use of motor or other vehicles or the use of
streets and highways by pedestrians."
"§12-12-51
The district court shall have exclusive original
jurisdiction of misdemeanor prosecutions for traffic
infractions and all boating violations , except ordinance
infractions prosecuted in municipal courts."
"§12-12-52
Pursuant to the provisions of Section 12-17-251,
magistrates may receive pleas of guilty in traffic infraction
and boating violation prosecutions, but may not receive pleas
in matters involving any of the following :
(1) Violations resulting in personal injury ;.
(2) Operation of a motor vehicle or vessel while
intoxicated;.
(3) Reckless driving or reckless operation of a
vessel;.
(4) Felonies or indictable offenses ;.
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(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 ; or.
(6) A defendant convicted of two or more previous
traffic offenses or boating violations in the preceding 12
months."
"§12-12-55
(a) Schedules of fines to be imposed for traffic
infractions and boating violations shall be established by law
or rule.
(b) The manner in which fines and costs shall be paid
to and accounted for by personnel assigned to accept payment
shall be provided by administrative rule."
"§12-19-179
(a) The following distribution shall be made of docket
fees for traffic infractions and boating violations in
district court:
(1) Three dollars ($3) to the Police Officers' Annuity
Fund.
(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.
(3) Eight dollars fifty cents ($8.50) to the State
Drivers' 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
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into the county general fund .
(5) Three dollars ($3) to the county general fund.
(6) An arrest fee of five dollars ($5) to the State
General Fund or the state funds prescribed by law; except,
that the arrest fee shall be paid into the county general fund
in cases initiated by county law enforcement officers.
(7) Two dollars fifty cents ($2.50) to the District
Attorney Fund or to the fund prescribed by law for district
attorney fees.
(8) Five dollars ($5) to the Advanced Technology and
Data Exchange Fund.
(b) The additional five dollars ($5) assessed and
collected in traffic cases in district court, effective
October 1, 2000, shall be distributed to the Fair Trial Tax
Fund.
(c) Fees for issuance of alias writs from circuit and
district courts shall be distributed as follows:
(1) Writs issuing from district court:
a. Two dollars ($2) to the county general fund.
b. Eighteen dollars ($18) to the State General Fund.
(2) Writs issuing from circuit court:
a. Five dollars ($5) to the county general fund.
b. Twenty-five dollars ($25) to the State General
Fund."
Section 4. Section 41-27-6, Code of Alabama 1975, is
amended to read as follows:
"§41-27-6
(a)(1) The Director of the Department of Public Safety
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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. The
director shall be appointed from a legacy agency as defined in
Section 41-27-7. The salary of the director shall be set by
the secretary, and shall not be subject to Section 36-6-6. A
person appointed director shall have an extensive law
enforcement background and, by virtue of office, is a state
law enforcement officer with the immunity set forth in Section
6-5-338.
(2) The director shall have overall supervision and
management of functions transferred to the department pursuant
to this section, subject to the approval of the secretary,
including the power to change the working title of any
position or to reorganize or rename any of the divisions,
units, or functions specified in this section. Any change of
working title shall not alter the classification or
compensation of any person in the state Merit System.
(3) All functions performed by the department on
October 1, 2014, shall remain under the Department of Public
Safety unless reorganized by the secretary or otherwise
transferred pursuant to this chapter.
(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:
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a. The law enforcement unit of the Public Service
Commission.
b. The revenue enforcement officers of the Department
of Revenue.
(2) The director shall appoint a chief of the division.
(c)(1) The Marine Police Patrol Division is hereby
created within the Department of Public Safety. The director
shall appoint a chief of the division.
(2) The Marine Police Patrol Division of the Department
of Public Safety succeeds to and is vested with all functions
of the Marine Police Division of the Department of
Conservation and Natural Resources. A reference in any law to
the Marine Police Division of the Department of Conservation
and Natural Resources shall be deemed a reference to the
Marine Police Patrol Division of the Department of Public
Safety."
Section 5. 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.
Section 6. The following sections of the Code of
Alabama 1975, are repealed:
(1) Section 33-5-22.1, Code of Alabama 1975, providing
that the hull of a sailboard is deemed a flotation device.
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(2) Section 33-5-29, Code of Alabama 1975, relating to
the publication of rules.
(3) Section 33-5-33, Code of Alabama 1975, relating to
fees in certain prosecutions.
(4) Section 33-5-78, Code of Alabama 1975, relating to
the definition of vessels.
Section 7. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 8. This act shall become effective January 1,
2024, following its passage and approval by the Governor, or
its otherwise becoming law.
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________________________________________________
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.
John Treadwell
Clerk
Senate          25-May-23                    Passed
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