AL
Alabama House Bill HB358

Alabama 2023 Regular Session

Alabama House Bill HB358 Compare Versions

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1+HB358INTRODUCED
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44 By Representatives Shaver, Pettus
55 RFD: Public Safety and Homeland Security
66 First Read: 20-Apr-23
7-2023 Regular Session
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14-Enrolled, An Act,
15-Relating to vessels; to amend Sections 33-5-3, 33-5-4,
16-33-5-5, 33-5-6, 33-5-7, 33-5-8, 33-5-10, 33-5-12, 33-5-15,
17-33-5-16, 33-5-20, 33-5-21, 33-5-22, 33-5-23, 33-5-25, 33-5-26,
18-33-5-27, 33-5-28, 33-5-30, 33-5-31, 33-5-32, 33-5-34, 33-5-35,
19-33-5-36, 33-5-51, 33-5-52, 33-5-53, 33-5-54, 33-5-55, 33-5-56,
20-33-5-58, 33-5-59, 33-5-60, 33-5-61, 33-5-62, 33-5-63, 33-5-64,
21-33-5-65, 33-5-66, 33-5-67, 33-5-68, 33-5-69, 33-5-70, 33-5-71,
22-33-5-72, 33-5-73, 33-5-74, 33-5-75, 33-5-77, 33-5-79, 33-5-81,
23-Code of Alabama 1975, to establish the classification of
24-boating violation as a recognized criminal offense
25-classification and to reclassify various criminal offenses as
26-boating violations and further provide for criminal penalties;
27-to further provide for the requirement to report certain
28-boating accidents; to further provide for the general
29-operational and equipment requirements of a vessel; to further
30-provide for vessel horsepower requirements and the use of
31-engine cut-off switches; to establish the uniform electronic
32-boating traffic ticket and provide for its issuance; to amend
33-Sections 12-12-50, 12-12-51, 12-12-52, 12-12-55, and
34-12-19-179, Code of Alabama 1975, to provide the district court
35-with jurisdiction over boating violations and further provide
36-for the court costs and fees for boating violations; to amend
37-Section 41-27-6, Code of Alabama 1975, to rename the Marine
13+SYNOPSIS:
14+Under existing law, the Marine Police Division
15+of the Department of Public Safety, a department of the
16+Alabama State Law Enforcement Agency, is the primary
17+state agency charged with enforcing the laws regarding
18+the operation of vessels in the waters of the state.
19+This bill would rename the division the Marine
20+Patrol Division and reclassify law enforcement officers
21+in the division as state troopers.
22+This bill would also amend a substantial portion
23+of the code relating to the operation of vessels to
24+correctly reference ALEA as the administrative agency
25+charged with administering and enforcing the boating
26+safety laws of the state.
27+Under existing law, violations of various
28+boating safety laws committed on the waters of this
29+state are classified as either misdemeanors or
30+felonies, the penalty for which is fixed by law.
31+This bill would establish a new classification
32+of a criminal offense as a boating violation, which is
33+defined in the bill to be an offense committed on the
34+waters of this state that does not amount to a
35+misdemeanor or a felony, and would reclassify various
36+misdemeanor boating offenses as boating violations. The
37+penalty for a boating violation would be similar to a
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67-Police Division within the Department of Public Safety to the
68-Marine Patrol Division; to make nonsubstantive, technical
69-revisions to update the existing code language to current
70-style; to repeal Sections 33-5-22.1, 33-5-29, 33-5-33, and
71-33-5-78, Code of Alabama 1975; and in connection therewith
72-would have as its purpose or effect the requirement of a new
73-or increased expenditure of local funds within the meaning of
74-Section 111.05 of the Constitution of Alabama of 2022.
75-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
76-Section 1. Sections 33-5-3, 33-5-4, 33-5-5, 33-5-6,
77-33-5-7, 33-5-8, 33-5-10, 33-5-12, 33-5-15, 33-5-16, 33-5-20,
78-33-5-21, 33-5-22, 33-5-23, 33-5-25, 33-5-26, 33-5-27, 33-5-28,
79-33-5-30, 33-5-31, 33-5-32, 33-5-34, 33-5-35, 33-5-36, 33-5-51,
80-33-5-52, 33-5-53, 33-5-54, 33-5-55, 33-5-56, 33-5-58, 33-5-59,
81-33-5-60, 33-5-61, 33-5-62, 33-5-63, 33-5-64, 33-5-65, 33-5-66,
82-33-5-67, 33-5-68, 33-5-69, 33-5-70, 33-5-71, 33-5-72, 33-5-73,
83-33-5-74, 33-5-75, 33-5-77, 33-5-79, 33-5-81, Code of Alabama
84-1975, are amended to read as follows:
85-"§33-5-3
86-As used in this article chapter, the following terms
87-shall have the following meanings respectively ascribed to
88-them in this section , unless the context clearly requires a
89-different meaning:
90-(1) ALEA. The Alabama State Law Enforcement Agency.
91-(2) BOATING VIOLATION. An offense committed on the
92-waters of this state, which does not amount to a misdemeanor
93-or felony, and for which this chapter authorizes a fine of not
94-more than two hundred dollars ($200) or a sentence for a term
67+penalty for a traffic infraction.
68+Under existing law, a person is required to
69+report a boating accident involving death, personal
70+injury, or property damage of $2,000 or more within 10
71+days of the accident.
72+This bill would require a person involved in
73+such a boating accident to report the accident within
74+24 hours.
75+Under existing law, a person may not operate a
76+vessel on the waters of this state while towing a
77+person on waterskis, aquaplane, or other recreational
78+device, and no person may engage in water skiing,
79+aquaplaning, or similar activity, at any time between
80+one hour after sunset and one hour before sunrise.
81+This bill would amend the authorized hours of
82+operation to between sunset and sunrise.
83+Under existing state law, a capacity plate is
84+required on all vessels less than 26 feet manufactured
85+or offered for sale in the state. However, under
86+existing federal law, a capacity plate is only required
87+on monohull vessels less than 20 feet, and sailboards
88+and certain personal watercraft are exempt.
89+Under existing state law, there are various
90+horsepower requirements on motor vessels. However,
91+federal law only applies to manufacturers of motor
92+vessels.
93+This bill would delete the language not in
94+conformity with federal law.
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124-of imprisonment in the county jail for not more than 30 days,
125-or both.
126-(1)(10) VESSEL. Every description of watercraft, other
127-than a seaplane, capable of being used as a means of
128-transportation on the water, but suchthe term shall does not
129-include vessels 12 feet in length or less when used solely on
130-farm ponds of less than 50 acres in size.
131-(2)(11) WATERS OF THIS STATE. Any waters within the
132-territorial limits of this state and the marginal sea adjacent
133-to this state and the high seas when navigated as a part of a
134-journey or ride to and from the shore of this state ; provided,
135-however, that "waters of this state" shall not be interpreted
136-to mean. The term does not include any private pond which is
137-not used for boat rentals or the charging of fees for fishing
138-therein.
139-(3)(6) OWNER. A person, other than a lienholder, having
140-the property in or title to a vessel. The term includes a
141-person entitled to the use or possession of a vessel subject
142-to an interest in another person, reserved or created by
143-agreement and securing payment or performance of an
144-obligation, but the term excludes a lessee under a lease not
145-intended as security.
146-(4)(7) PERSON. An individual, partnership, firm,
147-corporation, association , or other entity.
148-(8) PERSONAL WATERCRAFT. As defined under Section
149-33-5-51.
150-(5) OPERATE. To navigate or otherwise use a vessel.
151-(6) COMMISSIONER. The commissioner of the State
124+Under existing law, there are various engine
125+shut-off switch requirements for vessels.
126+This bill would delete the existing engine
127+shut-off switch requirements and implement the federal
128+Coast Guard standards.
129+This bill would establish the uniform boating
130+traffic ticket and provide for its issuance and usage.
131+This bill would further provide for the
132+administration of a point system to administer and
133+enforce the suspension or revocation of boater safety
134+certifications.
135+This bill would repeal certain antiquated life
136+jacket carriage requirements on sailboards which are in
137+conflict with federal law.
138+Also under existing law, district courts have
139+exclusive original jurisdiction over traffic
140+infractions.
141+This bill would provide the district court with
142+exclusive original jurisdiction over boating violations
143+and would provide for the court costs, docket fees, and
144+other fees that would be assessed upon conviction.
145+This bill would also make various
146+nonsubstantive, technical changes to update the
147+existing code language to current style.
148+Section 111.05 of the Constitution of Alabama of
149+2022, prohibits a general law whose purpose or effect
150+would be to require a new or increased expenditure of
151+local funds from becoming effective with regard to a
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181-Department of Conservation and Natural Resources.
182-(9) SECRETARY. The Secretary of the Alabama State Law
183-Enforcement Agency.
184-(7) STATE DEPARTMENT OF CONSERVATION AND NATURAL
185-RESOURCES or DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.
186-That department created by the laws of this state having
187-supervision over game, fish, forestry, parks, seafoods and
188-such lands of the state and such supervision over public
189-waters of this state as now are constituted by law or any
190-subsequent amendment thereto.
191-(8)(3) CERTIFICATE. Registration by a vessel owner with
192-the Department of Conservation and Natural Resources ,
193-including the issuance of an identifying number awarded each
194-vessel and the issuance of a pocket-size certificate of
195-registration.
196-(9)(4) LENGTH. Such The term means measured from end to
197-end over the deck from the bow to the transom, excluding sheer
198-bowsprits, swim platforms, or engine brackets extending from
199-the hull."
200-"§33-5-4
201-(a) It is hereby expressly made the duty of the
202-commissioner to set up a division within the Department of
203-Conservation and Natural Resources to be known as the
204-"Division of Marine Police" with sufficient personnel to
205-perform the necessary clerical and routine work for the
206-department in The Marine Patrol Division established pursuant
207-to Section 41-27-6 shall be responsible for all of the
208-following duties:
181+local governmental entity without enactment by a 2/3
182+vote unless: it comes within one of a number of
183+specified exceptions; it is approved by the affected
184+entity; or the Legislature appropriates funds, or
185+provides a local source of revenue, to the entity for
186+the purpose.
187+The purpose or effect of this bill would be to
188+require a new or increased expenditure of local funds
189+within the meaning of the amendment. However, the bill
190+does not require approval of a local governmental
191+entity or enactment by a 2/3 vote to become effective
192+because it comes within one of the specified exceptions
193+contained in the amendment.
194+A BILL
195+TO BE ENTITLED
196+AN ACT
197+Relating to vessels; to amend Sections 33-5-3, 33-5-4,
198+33-5-5, 33-5-6, 33-5-7, 33-5-8, 33-5-10, 33-5-12, 33-5-15,
199+33-5-16, 33-5-20, 33-5-21, 33-5-22, 33-5-23, 33-5-25, 33-5-26,
200+33-5-27, 33-5-28, 33-5-30, 33-5-31, 33-5-32, 33-5-34, 33-5-35,
201+33-5-36, 33-5-51, 33-5-52, 33-5-53, 33-5-54, 33-5-55, 33-5-56,
202+33-5-58, 33-5-59, 33-5-60, 33-5-61, 33-5-62, 33-5-63, 33-5-64,
203+33-5-65, 33-5-66, 33-5-67, 33-5-68, 33-5-69, 33-5-70, 33-5-71,
204+33-5-72, 33-5-73, 33-5-74, 33-5-75, 33-5-77, 33-5-79, 33-5-81,
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238-(1)issuing Issuing, handling, and recording vessel
239-registration identifying numbers, including the receiving .
240-(2) Receiving and accounting of all registration fees
241-and payments of same to ALEA into the State Treasury ,
242-receiving.
243-(3) Receiving and recording accident reports and making
244-such providing reports of such the accidents to such the
245-applicable federal agency as may be required by federal law .
246-and such
247-(4) Investigating collisions that involve injuries or
248-fatalities.
249-(5) Any other incidental clerical work connected with
250-the administration of this article chapter.
251-(b) The law-enforcement law enforcement officers of the
252-Division of Marine Police of the Department of Conservation
253-and Natural Resources Marine Patrol Division shall be known as
254-marine police officers state troopers."
255-"§33-5-5
256-In addition to all other power heretofore granted
257-powers authorized by law, marine police officers and all other
258-Department of Conservation and Natural Resources enforcement
259-officers state troopers of the Marine Patrol Division shall
260-have the power of peace officers in this state and may
261-exercise such powers anywhere within the state."
262-"§33-5-6
263-This article shall be enforced by the Alabama State Law
264-Enforcement Agency, Marine Patrol Division of Marine Police ,
265-by all law enforcement officers of the state, and by other
234+Code of Alabama 1975, to establish the classification of
235+boating violation as a recognized criminal offense
236+classification and to reclassify various criminal offenses as
237+boating violations and further provide for criminal penalties;
238+to further provide for the requirement to report certain
239+boating accidents; to further provide for the general
240+operational and equipment requirements of a vessel; to further
241+provide for vessel horsepower requirements and the use of
242+engine cut-off switches; to establish the uniform electronic
243+boating traffic ticket and provide for its issuance; to amend
244+Sections 12-12-50, 12-12-51, 12-12-52, 12-12-55, and
245+12-19-179, Code of Alabama 1975, to provide the district court
246+with jurisdiction over boating violations and further provide
247+for the court costs and fees for boating violations; to amend
248+Section 41-27-6, Code of Alabama 1975, to rename the Marine
249+Police Division within the Department of Public Safety to the
250+Marine Patrol Division; to make nonsubstantive, technical
251+revisions to update the existing code language to current
252+style; to repeal Sections 33-5-22.1, 33-5-29, 33-5-33, and
253+33-5-78, Code of Alabama 1975; and in connection therewith
254+would have as its purpose or effect the requirement of a new
255+or increased expenditure of local funds within the meaning of
256+Section 111.05 of the Constitution of Alabama of 2022.
257+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
258+Section 1. Sections 33-5-3, 33-5-4, 33-5-5, 33-5-6,
259+33-5-7, 33-5-8, 33-5-10, 33-5-12, 33-5-15, 33-5-16, 33-5-20,
260+33-5-21, 33-5-22, 33-5-23, 33-5-25, 33-5-26, 33-5-27, 33-5-28,
261+33-5-30, 33-5-31, 33-5-32, 33-5-34, 33-5-35, 33-5-36, 33-5-51,
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295-agents and employees of the agency as designated and required
296-by the Secretary of the Alabama State Law Enforcement Agency
297-secretary."
298-"§33-5-7
299-All records of the Department of Conservation and
300-Natural Resources, ALEA or any probate judge or license
301-commissioner made or kept pursuant to this article shall be
302-public records, except confidential reports and except
303-accident reports as set out in this article."
304-"§33-5-8
305-The Commissioner of Conservation and Natural Resources
306-secretary shall supply to any authorized official or agency of
307-the United States, upon such the agency's or official's
308-request and in accordance with any federal law or regulation
309-relative thereto, necessary information pertaining to
310-statistics and reports compiled under the provisions of this
311-article."
312-"§33-5-10
313-(a) The agency secretary shall issue annual
314-certificates of registration directly and shall authorize all
315-judges of probate in the state or any other official in the
316-state who is presently authorized to issue automobile license
317-plates to issue annual certificates of registration and
318-numbers in connection therewith. In conformity with this
319-article and any rules adopted by the agencysecretary, the
320-agency secretary shall assign to each issuing officer in the
321-county a block of numbers and certificates therefor which upon
322-issue, the issuing officer shall be allowed a fee of two
291+33-5-52, 33-5-53, 33-5-54, 33-5-55, 33-5-56, 33-5-58, 33-5-59,
292+33-5-60, 33-5-61, 33-5-62, 33-5-63, 33-5-64, 33-5-65, 33-5-66,
293+33-5-67, 33-5-68, 33-5-69, 33-5-70, 33-5-71, 33-5-72, 33-5-73,
294+33-5-74, 33-5-75, 33-5-77, 33-5-79, 33-5-81, Code of Alabama
295+1975, are amended to read as follows:
296+"§33-5-3
297+As used in this article chapter, the following terms
298+shall have the following meanings respectively ascribed to
299+them in this section , unless the context clearly requires a
300+different meaning:
301+(1) ALEA. The Alabama State Law Enforcement Agency.
302+(2) BOATING VIOLATION. An offense committed on the
303+waters of this state, which does not amount to a misdemeanor
304+or felony, and for which this chapter authorizes a fine of not
305+more than two hundred dollars ($200) or a sentence for a term
306+of imprisonment in the county jail for not more than 30 days,
307+or both.
308+(1)(10) VESSEL. Every description of watercraft, other
309+than a seaplane, capable of being used as a means of
310+transportation on the water, but suchthe term shall does not
311+include vessels 12 feet in length or less when used solely on
312+farm ponds of less than 50 acres in size.
313+(2)(11) WATERS OF THIS STATE. Any waters within the
314+territorial limits of this state and the marginal sea adjacent
315+to this state and the high seas when navigated as a part of a
316+journey or ride to and from the shore of this state ; provided,
317+however, that "waters of this state" shall not be interpreted
318+to mean. The term does not include any private pond which is
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352-dollars ($2) for each certificate issued by him or her. In
353-counties where the judge of probate or issuing officer is on
354-the fee system, the issuing fee shall be retained by the judge
355-of probate, and, in counties where the issuing officer or
356-judge of probate is on a salary basis, the fee shall be paid
357-to the county treasury. The issuance fee provided for herein
358-shall be in addition to the amount of the boat registration
359-fee.
360-(b) All registration money, except the two dollar ($2)
361-fee allowed under subsection (a), shall be remitted monthly to
362-the agency ALEA not later than 10 days after the first of each
363-month. The agency secretary shall remit the registration money
364-to the State Treasurer to be deposited in the State Water
365-Safety Fund.
366-(c) All monies received out of the sale of licenses
367-under this article may be used by the agency secretary for all
368-purposes reasonably necessary in the cost of administration of
369-this article, including the printing of certificates of
370-registration, postage and transportation charges, clerical,
371-personnel, equipment purchases, salaries, and other expenses
372-for each year; except, that no funds collected under this
373-article may be used to supplement or pay the salaries of any
374-law enforcement officers other than those hired specifically
375-for the purposes of administering this article. The secretary
376-shall expend the monies appropriated to the Marine
377-PolicePatrol Division as the secretary deems necessary and
378-appropriate; provided, however, that the appropriations may be
379-expended only for the purposes designated by the Legislature
348+not used for boat rentals or the charging of fees for fishing
349+therein.
350+(3)(6) OWNER. A person, other than a lienholder, having
351+the property in or title to a vessel. The term includes a
352+person entitled to the use or possession of a vessel subject
353+to an interest in another person, reserved or created by
354+agreement and securing payment or performance of an
355+obligation, but the term excludes a lessee under a lease not
356+intended as security.
357+(4)(7) PERSON. An individual, partnership, firm,
358+corporation, association , or other entity.
359+(8) PERSONAL WATERCRAFT. As defined under Section
360+33-5-51.
361+(5) OPERATE. To navigate or otherwise use a vessel.
362+(6) COMMISSIONER. The commissioner of the State
363+Department of Conservation and Natural Resources.
364+(9) SECRETARY. The Secretary of the Alabama State Law
365+Enforcement Agency.
366+(7) STATE DEPARTMENT OF CONSERVATION AND NATURAL
367+RESOURCES or DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.
368+That department created by the laws of this state having
369+supervision over game, fish, forestry, parks, seafoods and
370+such lands of the state and such supervision over public
371+waters of this state as now are constituted by law or any
372+subsequent amendment thereto.
373+(8)(3) CERTIFICATE. Registration by a vessel owner with
374+the Department of Conservation and Natural Resources ,
375+including the issuance of an identifying number awarded each
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409-and in the amounts provided therefor in the general
410-appropriation bill and shall be budgeted and allotted in
411-accordance with the provisions of Article 4 of Chapter 4 of
412-Title 41. It is the intent of the Legislature that the agency
413-utilize existing personnel and equipment of the agency and of
414-the sheriffs of this state to the maximum possible extent in
415-enforcing and administering this article, to the end that
416-there be no costly duplication of services."
417-"§33-5-12
418-The numbering system employed pursuant to this chapter
419-shall be determined and promulgated by the Commissioner of the
420-Department of Conservation and Natural Resources acting
421-pursuant to the authority conferred on him by Section 33-5-28;
422-provided, that in by the secretary by rule. In the event an
423-agency of the United States government shall have in force an
424-overall system of identification numbering for vessels within
425-the United States, any numbering system employed or
426-promulgated pursuant to this article used shall conform
427-thereto to the federal requirements ."
428-"§33-5-15
429-(a) Any vessel already covered by a number in full
430-force and effect which has been awarded to it pursuant to the
431-operative federal law or federally approved numbering system
432-of another state may be operated on the waters of this state
433-for a period of 90 consecutive days without being licensed
434-under the provisions of this article. Any vessel operating for
435-more than 90 consecutive days must then be registered and
436-licensed in the same manner as other vessels are required to
405+vessel and the issuance of a pocket-size certificate of
406+registration.
407+(9)(4) LENGTH. Such The term means measured from end to
408+end over the deck from the bow to the transom, excluding sheer
409+bowsprits, swim platforms, or engine brackets extending from
410+the hull."
411+"§33-5-4
412+(a) It is hereby expressly made the duty of the
413+commissioner to set up a division within the Department of
414+Conservation and Natural Resources to be known as the
415+"Division of Marine Police" with sufficient personnel to
416+perform the necessary clerical and routine work for the
417+department in The Marine Patrol Division established pursuant
418+to Section 41-27-6 shall be responsible for all of the
419+following duties:
420+(1)issuing Issuing, handling, and recording vessel
421+registration identifying numbers, including the receiving .
422+(2) Receiving and accounting of all registration fees
423+and payments of same to ALEA into the State Treasury ,
424+receiving.
425+(3) Receiving and recording accident reports and making
426+such providing reports of such the accidents to such the
427+applicable federal agency as may be required by federal law .
428+and such
429+(4) Investigating collisions that involve injuries or
430+fatalities.
431+(5) Any other incidental clerical work connected with
432+the administration of this article chapter.
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466-be licensed under this article.
467-(b) Should the ownership of a vessel change, a new
468-application form with a fee of three dollars ($3) for change
469-in registration shall be filed with the Department of
470-Conservation and Natural Resources ALEA and a new certificate
471-issued transferring the original vessel number to the new
472-owner; provided, however, that the Commissioner of
473-Conservation and Natural Resources may at his or her
474-discretion provide by duly promulgated regulations a
475-secretary, by rule, may adopt a system for the issuance of
476-such the changes of registration by the judges of probate
477-judges and license commissioners of this state, and, in the
478-event such the change of registration certificates are issued
479-by such judges of probate judges and license commissioners,
480-they shall be entitled to a fee therefor of two dollars ($2).
481-(c) No citizen or resident of this state person may
482-operate his or her a vessel on the waters of this state when
483-such the vessel is under foreign registry; provided, however,
484-that any such citizen or resident person who has previously
485-registered his or her vessel in another state or by federal
486-registry before coming into this state may operate same the
487-vessel for a period of 90 consecutive days without being
488-required to register under the provisions of this article."
489-"§33-5-16
490-(a) The owner shall furnish the Department of
491-Conservation and Natural Resources secretary notice of the
492-transfer of all or any part of his or her interest other than
493-the creation of a security interest in a vessel numbered in
462+(b) The law-enforcement law enforcement officers of the
463+Division of Marine Police of the Department of Conservation
464+and Natural Resources Marine Patrol Division shall be known as
465+marine police officers state troopers."
466+"§33-5-5
467+In addition to all other power heretofore granted
468+powers authorized by law, marine police officers and all other
469+Department of Conservation and Natural Resources enforcement
470+officers state troopers of the Marine Patrol Division shall
471+have the power of peace officers in this state and may
472+exercise such powers anywhere within the state."
473+"§33-5-6
474+This article shall be enforced by the Alabama State Law
475+Enforcement Agency, Marine Patrol Division of Marine Police ,
476+by all law enforcement officers of the state, and by other
477+agents and employees of the agency as designated and required
478+by the Secretary of the Alabama State Law Enforcement Agency
479+secretary."
480+"§33-5-7
481+All records of the Department of Conservation and
482+Natural Resources, ALEA or any probate judge or license
483+commissioner made or kept pursuant to this article shall be
484+public records, except confidential reports and except
485+accident reports as set out in this article."
486+"§33-5-8
487+The Commissioner of Conservation and Natural Resources
488+secretary shall supply to any authorized official or agency of
489+the United States, upon such the agency's or official's
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523-this state pursuant to this article or of the destruction or
524-abandonment of such the vessel within 15 days thereof. Such
525-The transfer, destruction, or abandonment shall terminate the
526-certificate for such the vessel; except, that in the case of a
527-transfer of a part interest which does not affect the owner's
528-right to operate such the vessel, such the transfer shall not
529-terminate the certificate.
530-(b) Any holder of a certificate shall notify the
531-Department of Conservation and Natural Resources ALEA within
532-15 days if his or her address no longer conforms to the
533-address appearing on the certificate and shall, as a part of
534-such the notification, shall furnish the Department of
535-Conservation and Natural Resources ALEA with his or her new
536-address. The Department of Conservation and Natural Resources
537-secretary may provide in its rules and regulations adopt rules
538-for the surrender of the certificate bearing the former
539-address and its replacement with a certificate bearing the new
540-address or for the alteration of an outstanding certificate to
541-show the new address of the holder.
542-(c) Any person who has purchased a registrationvessel
543-number for his or her vessel and subsequently loses or
544-misplaces the registration certificate may make application to
545-the Department of Conservation and Natural Resources ALEA,
546-accompanied by a fee of three dollars ($3) for a duplicate
547-registration certificate. Such applications must Each
548-application shall be made upon forms furnished by the Division
549-of Marine Police of the Department of Conservation and Natural
550-Resources ALEA.
519+request and in accordance with any federal law or regulation
520+relative thereto, necessary information pertaining to
521+statistics and reports compiled under the provisions of this
522+article."
523+"§33-5-10
524+(a) The agency secretary shall issue annual
525+certificates of registration directly and shall authorize all
526+judges of probate in the state or any other official in the
527+state who is presently authorized to issue automobile license
528+plates to issue annual certificates of registration and
529+numbers in connection therewith. In conformity with this
530+article and any rules adopted by the agencysecretary, the
531+agency secretary shall assign to each issuing officer in the
532+county a block of numbers and certificates therefor which upon
533+issue, the issuing officer shall be allowed a fee of two
534+dollars ($2) for each certificate issued by him or her. In
535+counties where the judge of probate or issuing officer is on
536+the fee system, the issuing fee shall be retained by the judge
537+of probate, and, in counties where the issuing officer or
538+judge of probate is on a salary basis, the fee shall be paid
539+to the county treasury. The issuance fee provided for herein
540+shall be in addition to the amount of the boat registration
541+fee.
542+(b) All registration money, except the two dollar ($2)
543+fee allowed under subsection (a), shall be remitted monthly to
544+the agency ALEA not later than 10 days after the first of each
545+month. The agency secretary shall remit the registration money
546+to the State Treasurer to be deposited in the State Water
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580-(d) The Commissioner of Conservation and Natural
581-Resources is authorized to provide by duly promulgated
582-regulation secretary may provide a system wherein through
583-which the judges of probate judges and license commissioners
584-in this state may issue duplicate registration certificates ,
585-and, in the event such probate judges and license
586-commissioners issue such duplicate registration certificates,
587-they. A judge of probate or license commissioner who issues a
588-duplicate registration certificate pursuant to this subsection
589-shall be entitled to a fee of two dollars ($2) for each
590-duplicate certificate ."
591-"§33-5-20
592-(a)(1) The sheriffs of this state may be designated as
593-special agents to sell boat licenses as provided for herein .
594-(2) The Commissioner of Conservation and Natural
595-Resources is authorized to secretary may appoint other special
596-agents to sell boat licenses as provided for herein ; provided,
597-however, that the Commissioner of Conservation and Natural
598-Resources may not appoint any special agent until the agent is
599-appointed pursuant to this subdivision shall be bonded for not
600-less than five thousand dollars ($5,000).
601-(b)Such Special agents shall receive licenses from the
602-Department of Conservation and Natural Resources ALEA in the
603-same manner as the judges of probate judges and license
604-commissioners and shall make such any reports and be subject
605-to such any audits as the Commissioner of Conservation and
606-Natural Resources secretary may specify. Special agents so
607-appointed shall make returns to the Department of Conservation
576+Safety Fund.
577+(c) All monies received out of the sale of licenses
578+under this article may be used by the agency secretary for all
579+purposes reasonably necessary in the cost of administration of
580+this article, including the printing of certificates of
581+registration, postage and transportation charges, clerical,
582+personnel, equipment purchases, salaries, and other expenses
583+for each year; except, that no funds collected under this
584+article may be used to supplement or pay the salaries of any
585+law enforcement officers other than those hired specifically
586+for the purposes of administering this article. The secretary
587+shall expend the monies appropriated to the Marine
588+PolicePatrol Division as the secretary deems necessary and
589+appropriate; provided, however, that the appropriations may be
590+expended only for the purposes designated by the Legislature
591+and in the amounts provided therefor in the general
592+appropriation bill and shall be budgeted and allotted in
593+accordance with the provisions of Article 4 of Chapter 4 of
594+Title 41. It is the intent of the Legislature that the agency
595+utilize existing personnel and equipment of the agency and of
596+the sheriffs of this state to the maximum possible extent in
597+enforcing and administering this article, to the end that
598+there be no costly duplication of services."
599+"§33-5-12
600+The numbering system employed pursuant to this chapter
601+shall be determined and promulgated by the Commissioner of the
602+Department of Conservation and Natural Resources acting
603+pursuant to the authority conferred on him by Section 33-5-28;
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637-and Natural Resources ALEA in the same manner as judges of
638-probate judges and license commissioners.
639-(c) The Commissioner of Conservation and Natural
640-Resources is further authorized to secretary may cancel such a
641-special agents' agent's authority to sell licenses at any time
642-he or she may so desire .
643-(d) Special agents shall be entitled to an issuance fee
644-of two dollars ($2).
645-(e) Any special agent selling licenses in excess of the
646-cost of licenses as herein specified shall be guilty of a
647-Class C misdemeanor and upon conviction thereof shall be
648-punished by a fine of not more than one hundred dollars
649-($100)."
650-"§33-5-21
651-(a) The Department of Conservation and Natural
652-Resources through its agents and employees shall have the
653-right to Alabama State Law Enforcement Agency may inspect at
654-any reasonable time all boats owned or controlled by a livery
655-operator for the purpose of ascertaining their seaworthiness
656-and safety.
657-(b) In the event any boat owned or used by the livery
658-operator for rental purposes is determined to be in an unsafe
659-or unseaworthy condition, the Department of Conservation and
660-Natural Resources ALEA shall immediately notify the livery
661-operator in writing as to the unsafe or unseaworthy condition
662-of such the boat or boats.and, after suchAfter receipt of the
663-notification, it shall be unlawful for the boat liveryman
664-livery operator to rent or offer to rent any the boat. found
633+provided, that in by the secretary by rule. In the event an
634+agency of the United States government shall have in force an
635+overall system of identification numbering for vessels within
636+the United States, any numbering system employed or
637+promulgated pursuant to this article used shall conform
638+thereto to the federal requirements ."
639+"§33-5-15
640+(a) Any vessel already covered by a number in full
641+force and effect which has been awarded to it pursuant to the
642+operative federal law or federally approved numbering system
643+of another state may be operated on the waters of this state
644+for a period of 90 consecutive days without being licensed
645+under the provisions of this article. Any vessel operating for
646+more than 90 consecutive days must then be registered and
647+licensed in the same manner as other vessels are required to
648+be licensed under this article.
649+(b) Should the ownership of a vessel change, a new
650+application form with a fee of three dollars ($3) for change
651+in registration shall be filed with the Department of
652+Conservation and Natural Resources ALEA and a new certificate
653+issued transferring the original vessel number to the new
654+owner; provided, however, that the Commissioner of
655+Conservation and Natural Resources may at his or her
656+discretion provide by duly promulgated regulations a
657+secretary, by rule, may adopt a system for the issuance of
658+such the changes of registration by the judges of probate
659+judges and license commissioners of this state, and, in the
660+event such the change of registration certificates are issued
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694-to be in such condition; provided, however, that if such
695-(c) If ALEA determines that a cited boat can be placed
696-in a seaworthy or safe condition by repairs or alterations as
697-so directed by the department , the same may then boat may
698-again be used for rental purposes but only after another
699-inspection of the vessel to ascertain after ALEA performs an
700-inspection on the vessel and determines whether or not such
701-that the repairs or alterations have been duly made."
702-"§33-5-22
703-(a) Every vessel , while being operated on the waters of
704-this state, shall be equipped with reasonable safety devices
705-and navigation lights as may be required under regulations
706-promulgated in accordance with rules adopted by the
707-Commissioner of Conservation and Natural Resources secretary.
708-No person shall operate or give permission for the operation
709-of a vessel which that is not equipped as is required by rules
710-rule and regulations duly promulgated by of the commissioner
711-of the Department of Conservation and Natural Resources
712-secretary.
713-(b) All such safety equipment and safety navigation
714-lights required by this section shall meet such the minimum
715-standards as that the Commissioner of Conservation and Natural
716-Resources secretary may from time to time establish adopt by
717-rule as minimum safety equipment and navigation lights , and
718-all such safety equipment and safety lights above the minimum
719-requirements which are required by the rules and regulations
720-of the Department of Conservation and Natural Resources shall
721-conform with specific standards as may be adopted by the
690+by such judges of probate judges and license commissioners,
691+they shall be entitled to a fee therefor of two dollars ($2).
692+(c) No citizen or resident of this state person may
693+operate his or her a vessel on the waters of this state when
694+such the vessel is under foreign registry; provided, however,
695+that any such citizen or resident person who has previously
696+registered his or her vessel in another state or by federal
697+registry before coming into this state may operate same the
698+vessel for a period of 90 consecutive days without being
699+required to register under the provisions of this article."
700+"§33-5-16
701+(a) The owner shall furnish the Department of
702+Conservation and Natural Resources secretary notice of the
703+transfer of all or any part of his or her interest other than
704+the creation of a security interest in a vessel numbered in
705+this state pursuant to this article or of the destruction or
706+abandonment of such the vessel within 15 days thereof. Such
707+The transfer, destruction, or abandonment shall terminate the
708+certificate for such the vessel; except, that in the case of a
709+transfer of a part interest which does not affect the owner's
710+right to operate such the vessel, such the transfer shall not
711+terminate the certificate.
712+(b) Any holder of a certificate shall notify the
713+Department of Conservation and Natural Resources ALEA within
714+15 days if his or her address no longer conforms to the
715+address appearing on the certificate and shall, as a part of
716+such the notification, shall furnish the Department of
717+Conservation and Natural Resources ALEA with his or her new
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751-Department of Conservation and Natural Resources .
752-(c) Airboats shall display a flag 10 by 14 inches on a
753-12 foot mast.
754-(d) A diver's flag must be displayed on the surface of
755-any water where skin divers or snorkelers are operating as may
756-be stipulated by the Department of Conservation and Natural
757-Resources required by the secretary by rule .
758-(e) Every vessel less than 26 feet in length designed
759-to carry one or more persons and to be propelled by machinery
760-as its principal source of power or designed to be propelled
761-by oars shall, if manufactured or offered for sale in this
762-state, have affixed permanently thereto by the manufacturer a
763-capacity plate as required by rules and regulations duly
764-promulgated by the Commissioner of the Department of
765-Conservation and Natural Resources. This subsection shall
766-apply to vessels manufactured after January 1, 1971.
767-(f)(e) Every motorboat shall have the carburetor or
768-carburetors of every engine therein, except outboard motors
769-using gasoline as fuel, equipped with such an efficient USCG
770-approved flame arrestor, backfire trap , or similar device as
771-may be prescribed by the regulations duly promulgated by the
772-Commissioner of the Department of Conservation and Natural
773-Resources rule of the secretary ."
774-"§33-5-23
775-(a) The exhaust of every internal combustion engine
776-used on any vessel shall be effectively muffled by equipment
777-so constructed and used as to muffle the noise of the exhaust
778-in a reasonable manner. The use of cutouts is prohibited,
747+address. The Department of Conservation and Natural Resources
748+secretary may provide in its rules and regulations adopt rules
749+for the surrender of the certificate bearing the former
750+address and its replacement with a certificate bearing the new
751+address or for the alteration of an outstanding certificate to
752+show the new address of the holder.
753+(c) Any person who has purchased a registrationvessel
754+number for his or her vessel and subsequently loses or
755+misplaces the registration certificate may make application to
756+the Department of Conservation and Natural Resources ALEA,
757+accompanied by a fee of three dollars ($3) for a duplicate
758+registration certificate. Such applications must Each
759+application shall be made upon forms furnished by the Division
760+of Marine Police of the Department of Conservation and Natural
761+Resources ALEA.
762+(d) The Commissioner of Conservation and Natural
763+Resources is authorized to provide by duly promulgated
764+regulation secretary may provide a system wherein through
765+which the judges of probate judges and license commissioners
766+in this state may issue duplicate registration certificates ,
767+and, in the event such probate judges and license
768+commissioners issue such duplicate registration certificates,
769+they. A judge of probate or license commissioner who issues a
770+duplicate registration certificate pursuant to this subsection
771+shall be entitled to a fee of two dollars ($2) for each
772+duplicate certificate ."
773+"§33-5-20
774+(a)(1) The sheriffs of this state may be designated as
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808-except for vessels competing in a regatta or official boat
809-race event that is permitted by the Marine Patrol Division ,
810-and for such vessels while on trial runs .
811-(b) No person shall use or have on board his or her
812-vessel a siren of any type while operating on the waters of
813-this state except as may be specifically allowed by the
814-Commissioner of Conservation and Natural Resources the
815-secretary for enforcement purposes.
816-(c) A violation of this section is a boating
817-violation."
818-"§33-5-25
819-(a) It shall be the duty of the The operator of a
820-vessel involved in a collision, accident, incident, or other
821-casualty, so far as he or she can do so without serious danger
822-to his or her own vessel, crew, and passengers, if any, to
823-shall render to other persons affected by the collision,
824-accident, incident, or other casualty assistance as may be
825-practicable and as may be necessary in order to save them from
826-or minimize any danger caused by the collision, accident,
827-incident, or other casualty , and also to. In addition, the
828-operator of the vessel shall give his or her name, address,
829-and identification of his or her vessel in writing to any
830-person injured and to the owner of any property damaged in the
831-collision, accident, incident, or other casualty.
832-(b) In the case of When a collision, accident,
833-incident, or other casualty involving a vessel , the operator
834-thereof, if the collision, accident, or other casualty results
835-results in the death or injury to of a person or damage to
804+special agents to sell boat licenses as provided for herein .
805+(2) The Commissioner of Conservation and Natural
806+Resources is authorized to secretary may appoint other special
807+agents to sell boat licenses as provided for herein ; provided,
808+however, that the Commissioner of Conservation and Natural
809+Resources may not appoint any special agent until the agent is
810+appointed pursuant to this subdivision shall be bonded for not
811+less than five thousand dollars ($5,000).
812+(b)Such Special agents shall receive licenses from the
813+Department of Conservation and Natural Resources ALEA in the
814+same manner as the judges of probate judges and license
815+commissioners and shall make such any reports and be subject
816+to such any audits as the Commissioner of Conservation and
817+Natural Resources secretary may specify. Special agents so
818+appointed shall make returns to the Department of Conservation
819+and Natural Resources ALEA in the same manner as judges of
820+probate judges and license commissioners.
821+(c) The Commissioner of Conservation and Natural
822+Resources is further authorized to secretary may cancel such a
823+special agents' agent's authority to sell licenses at any time
824+he or she may so desire .
825+(d) Special agents shall be entitled to an issuance fee
826+of two dollars ($2).
827+(e) Any special agent selling licenses in excess of the
828+cost of licenses as herein specified shall be guilty of a
829+Class C misdemeanor and upon conviction thereof shall be
830+punished by a fine of not more than one hundred dollars
831+($100)."
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865-property in excess of two thousand dollars ($2,000), shall
866-within 10 days 24 hours, the operator of the vessel shall file
867-with the Department of Conservation and Natural Resources ALEA
868-a full description of the collision, accident, incident, or
869-other casualty, including such any information as the
870-Department of Conservation and Natural Resources by regulation
871-may require required by the secretary by rule .
872-(c)(1) Except as otherwise provided in this section,
873-All all accident reports required by this section made by
874-persons involved in accidents shall be without prejudice to
875-the individuals so reporting filing the required reports and
876-shall be for the confidential use of the Department of
877-Conservation and Natural Resources ALEA or other governmental
878-agencies having use of the record ; except, that the Department
879-of Conservation and Natural Resources .
880-(2) The Alabama State Law Enforcement Agency may
881-disclose the identity of a person involved in an accident when
882-the identity is not otherwise known or when the person denies
883-his or her presence at the accident.
884-(3) No report shall be used as evidence in any trial,
885-civil or criminal, arising out of an accident ; except, that
886-the Department of Conservation and Natural Resources shall
887-furnish. Notwithstanding the foregoing, upon the demand of any
888-person who has made, or claims to have made, such a report, or
889-upon demand of any court, ALEA shall furnish a certificate
890-showing that a specified accident report has or has not been
891-made to the Department of Conservation and Natural Resources
892-ALEA solely to prove a compliance or a failure to comply with
861+"§33-5-21
862+(a) The Department of Conservation and Natural
863+Resources through its agents and employees shall have the
864+right to Alabama State Law Enforcement Agency may inspect at
865+any reasonable time all boats owned or controlled by a livery
866+operator for the purpose of ascertaining their seaworthiness
867+and safety.
868+(b) In the event any boat owned or used by the livery
869+operator for rental purposes is determined to be in an unsafe
870+or unseaworthy condition, the Department of Conservation and
871+Natural Resources ALEA shall immediately notify the livery
872+operator in writing as to the unsafe or unseaworthy condition
873+of such the boat or boats.and, after suchAfter receipt of the
874+notification, it shall be unlawful for the boat liveryman
875+livery operator to rent or offer to rent any the boat. found
876+to be in such condition; provided, however, that if such
877+(c) If ALEA determines that a cited boat can be placed
878+in a seaworthy or safe condition by repairs or alterations as
879+so directed by the department , the same may then boat may
880+again be used for rental purposes but only after another
881+inspection of the vessel to ascertain after ALEA performs an
882+inspection on the vessel and determines whether or not such
883+that the repairs or alterations have been duly made."
884+"§33-5-22
885+(a) Every vessel , while being operated on the waters of
886+this state, shall be equipped with reasonable safety devices
887+and navigation lights as may be required under regulations
888+promulgated in accordance with rules adopted by the
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922-the requirements that a report be made to the Department of
923-Conservation and Natural Resources ALEA."
924-"§33-5-26
925-(a) No person shall may operate a vessel on any waters
926-of this state for towing a person or persons , on water skis,
927-or an aquaplane, or any other recreational device, unless
928-there is in the vessel a person , in addition to the operator,
929-there is another person in the vessel who is at least 12 years
930-of age and is observing and is capable of communicating to the
931-operator of the vessel the progress and safety of the person
932-or persons being towed, or the vessel is equipped with a wide
933-angle mirror with a viewing surface of at least 78 square
934-inches and a field of vision of at least 170 degrees.
935-(b) No person shall may operate a vessel on any waters
936-of this state towing a person or persons on water skis, an
937-aquaplane, or any other recreational device, nor shall any
938-person engage in water skiing, aquaplaning, or similar
939-activity, at any time between the hours from one hour after
940-sunset to one hour or before sunrise.
941-(c) Subsections (a) and (b) of this section do not
942-apply to a performer engaged in a professional exhibition or a
943-person or persons participating in an official regatta,
944-motorboat race, marine parade, tournament, or exhibition
945-permitted by the Marine Patrol Division and held in compliance
946-with Section 33-5-27 and any rules adopted thereunder .
947-(d) No person except in jump buoys and like objects
948-used normally in competitive and recreational skiing shall may
949-operate or manipulate any vessel, tow rope, or other device by
918+Commissioner of Conservation and Natural Resources secretary.
919+No person shall operate or give permission for the operation
920+of a vessel which that is not equipped as is required by rules
921+rule and regulations duly promulgated by of the commissioner
922+of the Department of Conservation and Natural Resources
923+secretary.
924+(b) All such safety equipment and safety navigation
925+lights required by this section shall meet such the minimum
926+standards as that the Commissioner of Conservation and Natural
927+Resources secretary may from time to time establish adopt by
928+rule as minimum safety equipment and navigation lights , and
929+all such safety equipment and safety lights above the minimum
930+requirements which are required by the rules and regulations
931+of the Department of Conservation and Natural Resources shall
932+conform with specific standards as may be adopted by the
933+Department of Conservation and Natural Resources .
934+(c) Airboats shall display a flag 10 by 14 inches on a
935+12 foot mast.
936+(d) A diver's flag must be displayed on the surface of
937+any water where skin divers or snorkelers are operating as may
938+be stipulated by the Department of Conservation and Natural
939+Resources required by the secretary by rule .
940+(e) Every vessel less than 26 feet in length designed
941+to carry one or more persons and to be propelled by machinery
942+as its principal source of power or designed to be propelled
943+by oars shall, if manufactured or offered for sale in this
944+state, have affixed permanently thereto by the manufacturer a
945+capacity plate as required by rules and regulations duly
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979-which the direction or location of water skis, aquaplane, or
980-any other recreational device may be affected or controlled in
981-a manner to cause the water skis, aquaplane, or other
982-recreational device, or any person thereon, to collide with or
983-strike against any object or person.
984-(e) Subsection (a) shall not apply to personal
985-watercraft as defined in Section 33-5-51.
986-(f) Any person who violates this section shall be
987-guilty of a Class B misdemeanor boating violation , punishable
988-upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
989-Any person so convicted shall be fined not less than one
990-hundred dollars ($100) ."
991-"§33-5-27
992-(a) The commissioner secretary shall adopt and may from
993-time to time amend regulations rules concerning the safety of
994-vessels and persons thereon, either observers of or
995-participants, observing or participating in any regatta,
996-motorboat, or other boat race, marine parade, tournament , or
997-exhibition.
998-(b) Any person or organization sponsoring a regatta,
999-motorboat, or other boat race, marine parade, tournament , or
1000-exhibition shall be responsible for providing adequate
1001-protection from marine traffic interference and hazards."
1002-"§33-5-28
1003-The Commissioner of the Department of Conservation and
1004-Natural Resources secretary shall make, adopt, promulgate,
1005-amend and repeal all rules and regulations necessary or
1006-convenient for the carrying out of the duties and obligations
975+promulgated by the Commissioner of the Department of
976+Conservation and Natural Resources. This subsection shall
977+apply to vessels manufactured after January 1, 1971.
978+(f)(e) Every motorboat shall have the carburetor or
979+carburetors of every engine therein, except outboard motors
980+using gasoline as fuel, equipped with such an efficient USCG
981+approved flame arrestor, backfire trap , or similar device as
982+may be prescribed by the regulations duly promulgated by the
983+Commissioner of the Department of Conservation and Natural
984+Resources rule of the secretary ."
985+"§33-5-23
986+(a) The exhaust of every internal combustion engine
987+used on any vessel shall be effectively muffled by equipment
988+so constructed and used as to muffle the noise of the exhaust
989+in a reasonable manner. The use of cutouts is prohibited,
990+except for vessels competing in a regatta or official boat
991+race event that is permitted by the Marine Patrol Division ,
992+and for such vessels while on trial runs .
993+(b) No person shall use or have on board his or her
994+vessel a siren of any type while operating on the waters of
995+this state except as may be specifically allowed by the
996+Commissioner of Conservation and Natural Resources the
997+secretary for enforcement purposes.
998+(c) A violation of this section is a boating
999+violation."
1000+"§33-5-25
1001+(a) It shall be the duty of the The operator of a
1002+vessel involved in a collision, accident, incident, or other
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1036-and powers conferred on the said Commissioner of the
1037-Department of Conservation and Natural Resources by
1038-administration of this article. Further clarifying the
1039-rule-making power of the commissioner, he shall have power and
1040-authority to make, adopt, promulgate, amend and repeal all
1041-rules and regulations as shall promote safety for persons and
1042-property in and connected with the use, operation and
1043-equipment of vessels and for the carrying out of duties,
1044-obligations and powers conferred upon the Commissioner of the
1045-Department of Conservation and Natural Resources by this
1046-article, subject to such supervision of the Advisory Board of
1047-Conservation and Natural Resources as set out in Section
1048-9-2-15."
1049-"§33-5-30
1050-All rules and regulations duly promulgated adopted
1051-under the provisions of this article by the Commissioner of
1052-Conservation and Natural Resources secretary shall be admitted
1053-as evidence in the courts of this state when accompanied by an
1054-affidavit from the Commissioner of Conservation and Natural
1055-Resources secretary certifying that the rule or regulation has
1056-been lawfully adopted and promulgated and such the affidavit
1057-shall be prima facie evidence of proper adoption and
1058-promulgation of the rule or regulation."
1059-"§33-5-31
1060-(a)(1) The provisions of this article and chapter,
1061-rules and regulations promulgated adopted pursuant thereto,
1062-and other general laws of this state shall govern the
1063-operation, equipment, numbering and all other matters relating
1032+casualty, so far as he or she can do so without serious danger
1033+to his or her own vessel, crew, and passengers, if any, to
1034+shall render to other persons affected by the collision,
1035+accident, incident, or other casualty assistance as may be
1036+practicable and as may be necessary in order to save them from
1037+or minimize any danger caused by the collision, accident,
1038+incident, or other casualty , and also to. In addition, the
1039+operator of the vessel shall give his or her name, address,
1040+and identification of his or her vessel in writing to any
1041+person injured and to the owner of any property damaged in the
1042+collision, accident, incident, or other casualty.
1043+(b) In the case of When a collision, accident,
1044+incident, or other casualty involving a vessel , the operator
1045+thereof, if the collision, accident, or other casualty results
1046+results in the death or injury to of a person or damage to
1047+property in excess of two thousand dollars ($2,000), shall
1048+within 10 days 24 hours, the operator of the vessel shall file
1049+with the Department of Conservation and Natural Resources ALEA
1050+a full description of the collision, accident, incident, or
1051+other casualty, including such any information as the
1052+Department of Conservation and Natural Resources by regulation
1053+may require required by the secretary by rule .
1054+(c)(1) Except as otherwise provided in this section,
1055+All all accident reports required by this section made by
1056+persons involved in accidents shall be without prejudice to
1057+the individuals so reporting filing the required reports and
1058+shall be for the confidential use of the Department of
1059+Conservation and Natural Resources ALEA or other governmental
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1093-thereto whenever any vessel shall be operated to the operation
1094-of a vessel on the waters of this state , or when any activity
1095-regulated by this article shall take place thereon, but
1096-nothing.
1097-(2) Nothing in this chapter shall be construed to
1098-prevent the adoption of any ordinance or local law relating to
1099-operation of vessels the provisions of which are identical to
1100-the provisions of this article, amendments thereto or
1101-regulations issued chapter or rules adopted thereunder;
1102-provided, that such the ordinances or local laws shall be
1103-operative only so long as and to the extent that they continue
1104-to be identical to the applicable provisions of this article ,
1105-amendments thereto or regulationsrule issued thereunder.
1106-(b)(1) Any subdivision of this state may, at any time,
1107-but only after public notice, may make formal application to
1108-the commissioner secretary for special rules and regulations
1109-with reference to for the operation of vessels on any waters
1110-within its territorial limits and shall set forth therein in
1111-the application the reasons which make such the special rules
1112-or regulations are necessary or appropriate.
1113-(2) The public notice shall be effected by the said
1114-subdivision causing publishing a copy of the proposed public
1115-rules or regulations to be published one time per week for
1116-four consecutive weeks in a newspaper of general circulation
1117-within the area that the subdivision is located.
1118-(c) The commissioner is hereby authorized to make
1119-secretary may adopt special rules and regulations with
1120-reference to regulating the operation of vessels on any waters
1089+agencies having use of the record ; except, that the Department
1090+of Conservation and Natural Resources .
1091+(2) The Alabama State Law Enforcement Agency may
1092+disclose the identity of a person involved in an accident when
1093+the identity is not otherwise known or when the person denies
1094+his or her presence at the accident.
1095+(3) No report shall be used as evidence in any trial,
1096+civil or criminal, arising out of an accident ; except, that
1097+the Department of Conservation and Natural Resources shall
1098+furnish. Notwithstanding the foregoing, upon the demand of any
1099+person who has made, or claims to have made, such a report, or
1100+upon demand of any court, ALEA shall furnish a certificate
1101+showing that a specified accident report has or has not been
1102+made to the Department of Conservation and Natural Resources
1103+ALEA solely to prove a compliance or a failure to comply with
1104+the requirements that a report be made to the Department of
1105+Conservation and Natural Resources ALEA."
1106+"§33-5-26
1107+(a) No person shall may operate a vessel on any waters
1108+of this state for towing a person or persons , on water skis,
1109+or an aquaplane, or any other recreational device, unless
1110+there is in the vessel a person , in addition to the operator,
1111+there is another person in the vessel who is at least 12 years
1112+of age and is observing and is capable of communicating to the
1113+operator of the vessel the progress and safety of the person
1114+or persons being towed, or the vessel is equipped with a wide
1115+angle mirror with a viewing surface of at least 78 square
1116+inches and a field of vision of at least 170 degrees.
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1150-within the territorial limits of any subdivision of this
1151-state."
1152-"§33-5-32
1153-District courts of any county of the State of Alabama
1154-shall have and are hereby given final jurisdiction to try and
1155-convict persons, firms or corporations violating any of the
1156-provisions of this chapter or the rules and regulations
1157-promulgated adopted thereunder, subject to any proper appeal;
1158-and they shall remit to the commissioner secretary, on or
1159-before the tenth day of each month, all fines and forfeitures
1160-collected by them for the violation of such laws, rules and
1161-regulations, together with a statement of the name of the
1162-person, firm or corporation convicted of such violation , the
1163-time date of such the conviction, the amount of the fine or
1164-penalty, the date of the remittance, and the specific charge
1165-for which the defendant was tried ."
1166-"§33-5-34
1167-Notwithstanding any other law to the contrary, in all
1168-criminal and quasi-criminal proceedings against a defendant
1169-for a boating violation, when a defendant is adjudged guilty
1170-or pleads guilty, or is adjudicated a juvenile delinquent or
1171-youthful offender, or when a bond is forfeited and the result
1172-of the forfeiture is a final disposition of the case, or where
1173-any penalty is imposed, any court costs, docket fees, and
1174-other fees and taxes assessed for traffic infractions under
1175-Chapter 19 of Title 12 and Section 15-23-17 shall be imposed
1176-in like manner against the defendant. When an arrest for
1177-violation of the provisions of this article or regulations
1146+(b) No person shall may operate a vessel on any waters
1147+of this state towing a person or persons on water skis, an
1148+aquaplane, or any other recreational device, nor shall any
1149+person engage in water skiing, aquaplaning, or similar
1150+activity, at any time between the hours from one hour after
1151+sunset to one hour or before sunrise.
1152+(c) Subsections (a) and (b) of this section do not
1153+apply to a performer engaged in a professional exhibition or a
1154+person or persons participating in an official regatta,
1155+motorboat race, marine parade, tournament, or exhibition
1156+permitted by the Marine Patrol Division and held in compliance
1157+with Section 33-5-27 and any rules adopted thereunder .
1158+(d) No person except in jump buoys and like objects
1159+used normally in competitive and recreational skiing shall may
1160+operate or manipulate any vessel, tow rope, or other device by
1161+which the direction or location of water skis, aquaplane, or
1162+any other recreational device may be affected or controlled in
1163+a manner to cause the water skis, aquaplane, or other
1164+recreational device, or any person thereon, to collide with or
1165+strike against any object or person.
1166+(e) Subsection (a) shall not apply to personal
1167+watercraft as defined in Section 33-5-51.
1168+(f) Any person who violates this section shall be
1169+guilty of a Class B misdemeanor boating violation , punishable
1170+upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
1171+Any person so convicted shall be fined not less than one
1172+hundred dollars ($100) ."
1173+"§33-5-27
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1207-promulgated thereunder is made by a salaried officer not
1208-employed by the Department of Conservation and Natural
1209-Resources and the defendant is convicted, there shall be taxed
1210-as cost the same fee as a sheriff in this state is entitled to
1211-for similar services and if collected from the defendant it
1212-shall be immediately remitted by the trial court directly to
1213-the treasurer of the county in which the offense occurred.
1214-When an arrest for violation of the provisions of this article
1215-or regulations promulgated thereunder is made by a salaried
1216-officer of the Department of Conservation and Natural
1217-Resources and the defendant is convicted, there shall be taxed
1218-as cost the same fee as a sheriff in this state is entitled to
1219-for similar services and if collected from the defendant it
1220-shall be immediately remitted by the trial court directly to
1221-the Department of Conservation and Natural Resources, which
1222-fee shall be deposited to the credit of the Water Safety Fund.
1223-If the officer making the arrest be a nonsalaried officer and
1224-if said fee is collected from the defendant, said nonsalaried
1225-officer shall be entitled to said fee; provided, that no
1226-person shall be entitled to receive an informer's fee; and,
1227-further provided, that no fee shall be allowed in cases of
1228-acquittal. In the event the arrest is made by a county
1229-officer, salaried or nonsalaried, 50 percent of the fine shall
1230-be remitted to the credit of the county treasury of the county
1231-in which the offense was committed, and the remaining 50
1232-percent of the fine shall be remitted to the State Treasury
1233-for deposit to the "State Water Safety Fund." In the event the
1234-arrest is made by an officer other than a county officer, the
1203+(a) The commissioner secretary shall adopt and may from
1204+time to time amend regulations rules concerning the safety of
1205+vessels and persons thereon, either observers of or
1206+participants, observing or participating in any regatta,
1207+motorboat, or other boat race, marine parade, tournament , or
1208+exhibition.
1209+(b) Any person or organization sponsoring a regatta,
1210+motorboat, or other boat race, marine parade, tournament , or
1211+exhibition shall be responsible for providing adequate
1212+protection from marine traffic interference and hazards."
1213+"§33-5-28
1214+The Commissioner of the Department of Conservation and
1215+Natural Resources secretary shall make, adopt, promulgate,
1216+amend and repeal all rules and regulations necessary or
1217+convenient for the carrying out of the duties and obligations
1218+and powers conferred on the said Commissioner of the
1219+Department of Conservation and Natural Resources by
1220+administration of this article. Further clarifying the
1221+rule-making power of the commissioner, he shall have power and
1222+authority to make, adopt, promulgate, amend and repeal all
1223+rules and regulations as shall promote safety for persons and
1224+property in and connected with the use, operation and
1225+equipment of vessels and for the carrying out of duties,
1226+obligations and powers conferred upon the Commissioner of the
1227+Department of Conservation and Natural Resources by this
1228+article, subject to such supervision of the Advisory Board of
1229+Conservation and Natural Resources as set out in Section
1230+9-2-15."
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1264-fine shall be remitted to the State Treasurer for deposit to
1265-the "State Water Safety Fund." "
1266-"§33-5-35
1267-Any person convicted of violating any provision of this
1268-article chapter, except as set out otherwise provided in
1269-subsection (c) of Section 33-5-24 , shall be guilty of a
1270-misdemeanor boating violation and upon conviction thereof
1271-shall be fined not less than $10.00 nor more than $100.00 and
1272-costs for each such violation shall be sentenced by the court
1273-to any of the following:
1274-(1) Imprisonment in the county jail for not more than
1275-30 days.
1276-(2) Payment of a fine of not more than two hundred
1277-dollars ($200).
1278-(3) Both imprisonment and fine.
1279-(b) Boating violations shall be deemed violations as
1280-described under Section 13A-5-3(d) ."
1281-"§33-5-36
1282-The Commissioner of Conservation and Natural Resources
1283-is authorized to provide by duly promulgated regulation
1284-secretary, by rule, may establish a system for issuing warning
1285-citations under such conditions as he may deem proper ."
1286-"§33-5-51
1287-(a) As used in this section chapter, "personal
1288-watercraft" means a vessel which that uses an inboard motor
1289-powering a water jet pump as its primary source of motive
1290-power and which is designed to be operated by a person
1291-sitting, standing, or kneeling on the vessel, rather than the
1260+"§33-5-30
1261+All rules and regulations duly promulgated adopted
1262+under the provisions of this article by the Commissioner of
1263+Conservation and Natural Resources secretary shall be admitted
1264+as evidence in the courts of this state when accompanied by an
1265+affidavit from the Commissioner of Conservation and Natural
1266+Resources secretary certifying that the rule or regulation has
1267+been lawfully adopted and promulgated and such the affidavit
1268+shall be prima facie evidence of proper adoption and
1269+promulgation of the rule or regulation."
1270+"§33-5-31
1271+(a)(1) The provisions of this article and chapter,
1272+rules and regulations promulgated adopted pursuant thereto,
1273+and other general laws of this state shall govern the
1274+operation, equipment, numbering and all other matters relating
1275+thereto whenever any vessel shall be operated to the operation
1276+of a vessel on the waters of this state , or when any activity
1277+regulated by this article shall take place thereon, but
1278+nothing.
1279+(2) Nothing in this chapter shall be construed to
1280+prevent the adoption of any ordinance or local law relating to
1281+operation of vessels the provisions of which are identical to
1282+the provisions of this article, amendments thereto or
1283+regulations issued chapter or rules adopted thereunder;
1284+provided, that such the ordinances or local laws shall be
1285+operative only so long as and to the extent that they continue
1286+to be identical to the applicable provisions of this article ,
1287+amendments thereto or regulationsrule issued thereunder.
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1321-conventional manner of sitting or standing inside the vessel.
1322-(b) A person may not operate a personal watercraft on
1323-the waters of this state , as waters are defined in Section
1324-33-5-3, unless each person operating, riding on, or being
1325-towed by the vessel is wearing a personal flotation device
1326-approved by the United States Coast Guard, in accordance with
1327-rules and regulations by the Commissioner of the Department of
1328-Conservation and Natural Resources adopted by the secretary .
1329-(c) A person operating a personal watercraft on the
1330-waters of this state that does not have self circling
1331-self-circling capability, shall have a lanyard type engine
1332-cutoff switch and must shall attach the lanyard to the his or
1333-her person, clothing, or personal flotation device , as is
1334-appropriate.
1335-(d)(1) A person commits the crime of reckless operation
1336-of a personal watercraft shall at all times be operated on the
1337-waters of this state in a reasonable and prudent manner.
1338-Maneuvers which if the person maneuvers the personal
1339-watercraft in a reckless manner that endanger endangers life,
1340-limb, or property, or create creates a public nuisance,
1341-including, but not limited to , any of the following, weaving
1342-maneuvers:
1343-a. Weaving through congested vessel traffic at high
1344-speed, following.
1345-b. Following closely behind within the wake of a vessel
1346-towing a person or persons on water skis, surfboard, or other
1347-water sport device , jumping.
1348-c. Jumping the wake of another vessel travelling
1317+(b)(1) Any subdivision of this state may, at any time,
1318+but only after public notice, may make formal application to
1319+the commissioner secretary for special rules and regulations
1320+with reference to for the operation of vessels on any waters
1321+within its territorial limits and shall set forth therein in
1322+the application the reasons which make such the special rules
1323+or regulations are necessary or appropriate.
1324+(2) The public notice shall be effected by the said
1325+subdivision causing publishing a copy of the proposed public
1326+rules or regulations to be published one time per week for
1327+four consecutive weeks in a newspaper of general circulation
1328+within the area that the subdivision is located.
1329+(c) The commissioner is hereby authorized to make
1330+secretary may adopt special rules and regulations with
1331+reference to regulating the operation of vessels on any waters
1332+within the territorial limits of any subdivision of this
1333+state."
1334+"§33-5-32
1335+District courts of any county of the State of Alabama
1336+shall have and are hereby given final jurisdiction to try and
1337+convict persons, firms or corporations violating any of the
1338+provisions of this chapter or the rules and regulations
1339+promulgated adopted thereunder, subject to any proper appeal;
1340+and they shall remit to the commissioner secretary, on or
1341+before the tenth day of each month, all fines and forfeitures
1342+collected by them for the violation of such laws, rules and
1343+regulations, together with a statement of the name of the
1344+person, firm or corporation convicted of such violation , the
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1378-traveling in the same direction in close proximity to the
1379-vessel, cutting.
1380-d. Cutting between a boat vessel and the person or
1381-persons being towed by that boat vessel, or crossing.
1382-e. Crossing at right angles in close proximity to the
1383-stern of another vessel or when visibility around the other
1384-vessel is obstructed , or steering.
1385-f. Steering a vessel toward any object or person in the
1386-water and turning sharply at close range so as to spray the
1387-object or person , shall all constitute the reckless operation
1388-of a vessel, as provided in subsection (a) of Section 33-5-70 .
1389-(2) Any person violating this subsection shall be
1390-punished upon conviction as provided in Section 33-5-70.
1391-(e) No person under the age of 12 shall 14 years of age
1392-may operate a personal watercraft on the waters of this state,
1393-and persons who are at least 12 and over may only operate
1394-personal watercraft on the waters of this state to the extent
1395-otherwise permitted except as provided under Section 33-5-57
1396-or as otherwise authorized by law.
1397-(f) It is unlawful for the owner of any personal
1398-watercraft or any person having charge over or control of a
1399-personal watercraft to authorize or knowingly permit these the
1400-personal watercraft to be operated on the waters of this state
1401-by a person in violation of this section.
1402-(g) No person shall tow any person by personal
1403-watercraft unless the personal watercraft is equipped with a
1404-rearview mirror mirrors meeting the specifications established
1405-by regulation of the Commissioner of the Department of
1374+time date of such the conviction, the amount of the fine or
1375+penalty, the date of the remittance, and the specific charge
1376+for which the defendant was tried ."
1377+"§33-5-34
1378+Notwithstanding any other law to the contrary, in all
1379+criminal and quasi-criminal proceedings against a defendant
1380+for a boating violation, when a defendant is adjudged guilty
1381+or pleads guilty, or is adjudicated a juvenile delinquent or
1382+youthful offender, or when a bond is forfeited and the result
1383+of the forfeiture is a final disposition of the case, or where
1384+any penalty is imposed, any court costs, docket fees, and
1385+other fees and taxes assessed for traffic infractions under
1386+Chapter 19 of Title 12 and Section 15-23-17 shall be imposed
1387+in like manner against the defendant. When an arrest for
1388+violation of the provisions of this article or regulations
1389+promulgated thereunder is made by a salaried officer not
1390+employed by the Department of Conservation and Natural
1391+Resources and the defendant is convicted, there shall be taxed
1392+as cost the same fee as a sheriff in this state is entitled to
1393+for similar services and if collected from the defendant it
1394+shall be immediately remitted by the trial court directly to
1395+the treasurer of the county in which the offense occurred.
1396+When an arrest for violation of the provisions of this article
1397+or regulations promulgated thereunder is made by a salaried
1398+officer of the Department of Conservation and Natural
1399+Resources and the defendant is convicted, there shall be taxed
1400+as cost the same fee as a sheriff in this state is entitled to
1401+for similar services and if collected from the defendant it
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1435-Conservation and Natural Resources rule of the secretary .
1436-(h) Any person who violates this section, except as
1437-otherwise provided in subsection (d), shall be guilty of a
1438-Class B misdemeanor boating violation , punishable upon
1439-conviction as provided in Sections 13A-5-7 and 13A-5-12. All
1440-persons so convicted shall be fined not less than twenty-five
1441-dollars ($25). All fines collected for violation of this
1442-section shall be paid into the State Water Safety Fund .
1443-(i) This section does not apply to a performer engaged
1444-in a professional exhibition or a person participating in a
1445-regatta, race, marine parade, tournament, or exhibition
1446-permitted by the Marine Patrol Division and held in compliance
1447-with Section 33-5-27 , and any rules and regulations issued by
1448-the Commissioner of Conservation and Natural Resources adopted
1449-by the secretary ."
1450-"§33-5-52
1451-(a)(1) Every person, except those specifically exempted
1452-by statutory enactment, within five years from April 28, 1994,
1453-shall procure a boater safety certification before operating a
1454-motorized vessel upon the waters of this state , as defined in
1455-Section 33-5-3. This section shall does not apply to the
1456-operation of any non-motorized sailboat, rowboat, or canoe.
1457-(2) Notwithstanding anything any law to the contrary herein,
1458-an Alabama resident 16 years of age and or older, who has not
1459-been previously issued a boater safety certification, may for
1460-a period of thirty (30) 30 days following the date of sale of
1461-the vessel to the person, may operate the vessel upon the
1462-waters, provided both of the following conditions are met:
1431+shall be immediately remitted by the trial court directly to
1432+the Department of Conservation and Natural Resources, which
1433+fee shall be deposited to the credit of the Water Safety Fund.
1434+If the officer making the arrest be a nonsalaried officer and
1435+if said fee is collected from the defendant, said nonsalaried
1436+officer shall be entitled to said fee; provided, that no
1437+person shall be entitled to receive an informer's fee; and,
1438+further provided, that no fee shall be allowed in cases of
1439+acquittal. In the event the arrest is made by a county
1440+officer, salaried or nonsalaried, 50 percent of the fine shall
1441+be remitted to the credit of the county treasury of the county
1442+in which the offense was committed, and the remaining 50
1443+percent of the fine shall be remitted to the State Treasury
1444+for deposit to the "State Water Safety Fund." In the event the
1445+arrest is made by an officer other than a county officer, the
1446+fine shall be remitted to the State Treasurer for deposit to
1447+the "State Water Safety Fund." "
1448+"§33-5-35
1449+Any person convicted of violating any provision of this
1450+article chapter, except as set out otherwise provided in
1451+subsection (c) of Section 33-5-24 , shall be guilty of a
1452+misdemeanor boating violation and upon conviction thereof
1453+shall be fined not less than $10.00 nor more than $100.00 and
1454+costs for each such violation shall be sentenced by the court
1455+to any of the following:
1456+(1) Imprisonment in the county jail for not more than
1457+30 days.
1458+(2) Payment of a fine of not more than two hundred
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1492-(1)a. The vessel has been registered in the name of the
1493-person; and (2) a.
1494-b. A bill of sale for the vessel, indicating that the
1495-person is the purchaser and owner of the vessel, is in the
1496-possession of the person at all times of operation.
1497-(3) In addition, any person while A person taking test
1498-drives of vessels for sale , when accompanied by a licensed
1499-vessel dealer, shall be exempt during the drive from the
1500-certification.
1501-(4) Every new resident of the State of Alabama, before
1502-operating a motorized vessel, shall procure the certification
1503-within 30 days after establishing residence in this state.
1504-(b) Each boater safety certification issued to a
1505-person, if issued at the same time the person is issued a
1506-valid Alabama motor vehicle driver or learner license, or
1507-valid Alabama nondriver identification card, or if issued
1508-prior to the expiration date of the driver or learner license
1509-or card, shall expire on the expiration date of the person's
1510-valid Alabama motor vehicle driver or learner license or card.
1511-In all other cases, the expiration date of each boater safety
1512-certification shall be four years from the date of issuance.
1513-(c) Every boater safety certification issued under this
1514-article may be renewed at the end of the certification period
1515-without examination upon application. For the purpose of
1516-renewal of a boater safety certification, the Department of
1517-Public Safety ALEA shall mail renewal notices to each
1518-certification holder 30 days after the expiration date if the
1519-certification has not been renewed. A grace period of 60 days
1488+dollars ($200).
1489+(3) Both imprisonment and fine.
1490+(b) Boating violations shall be deemed violations as
1491+described under Section 13A-5-3(d) ."
1492+"§33-5-36
1493+The Commissioner of Conservation and Natural Resources
1494+is authorized to provide by duly promulgated regulation
1495+secretary, by rule, may establish a system for issuing warning
1496+citations under such conditions as he may deem proper ."
1497+"§33-5-51
1498+(a) As used in this section chapter, "personal
1499+watercraft" means a vessel which that uses an inboard motor
1500+powering a water jet pump as its primary source of motive
1501+power and which is designed to be operated by a person
1502+sitting, standing, or kneeling on the vessel, rather than the
1503+conventional manner of sitting or standing inside the vessel.
1504+(b) A person may not operate a personal watercraft on
1505+the waters of this state , as waters are defined in Section
1506+33-5-3, unless each person operating, riding on, or being
1507+towed by the vessel is wearing a personal flotation device
1508+approved by the United States Coast Guard, in accordance with
1509+rules and regulations by the Commissioner of the Department of
1510+Conservation and Natural Resources adopted by the secretary.
1511+(c) A person operating a personal watercraft on the
1512+waters of this state that does not have self circling
1513+self-circling capability, shall have a lanyard type engine
1514+cutoff switch and must shall attach the lanyard to the his or
1515+her person, clothing, or personal flotation device , as is
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1549-after the expiration date of certification shall exist for the
1550-purpose of certification renewal and the certification shall
1551-be valid for this time period. The applicant shall apply for
1552-renewal of certification any time during a period beginning 30
1553-days before the expiration date of the then current
1554-certification until three years after the expiration date of
1555-certification. Failure to make application for renewal within
1556-the specified time shall result in the applicant being
1557-required to take, and successfully pass, a written or oral
1558-examination as administered by the Department of Public Safety
1559-ALEA. If any person's birthday is February 29, the first day
1560-of March following shall be regarded as the birthday for the
1561-purposes of this section.
1562-(d) Nonresidents at least 12 or more years of age who
1563-have in their immediate possession a valid boater safety
1564-certification or vessel operator's certification issued in
1565-their home state or country shall be exempt from the
1566-requirements of this section, but under no circumstances shall
1567-a person be granted any privileges of operation beyond those
1568-granted to an Alabama resident certification holder of the
1569-same age.
1570-(e) Nonresidents at least 12 or more years of age whose
1571-home state or country does not require boater safety
1572-certification or the licensing of vessel operators shall also
1573-be exempt from the requirements of this section for a
1574-cumulative operation period of not more than 45 days in any
1575-calendar year. Otherwise, any nonresidents shall be examined
1576-and certified under the same terms and conditions as Alabama
1545+appropriate.
1546+(d)(1) A person commits the crime of reckless operation
1547+of a personal watercraft shall at all times be operated on the
1548+waters of this state in a reasonable and prudent manner.
1549+Maneuvers which if the person maneuvers the personal
1550+watercraft in a reckless manner that endanger endangers life,
1551+limb, or property, or create creates a public nuisance,
1552+including, but not limited to , any of the following, weaving
1553+maneuvers:
1554+a. Weaving through congested vessel traffic at high
1555+speed, following.
1556+b. Following closely behind within the wake of a vessel
1557+towing a person or persons on water skis, surfboard, or other
1558+water sport device , jumping.
1559+c. Jumping the wake of another vessel travelling
1560+traveling in the same direction in close proximity to the
1561+vessel, cutting.
1562+d. Cutting between a boat vessel and the person or
1563+persons being towed by that boat vessel, or crossing.
1564+e. Crossing at right angles in close proximity to the
1565+stern of another vessel or when visibility around the other
1566+vessel is obstructed , or steering.
1567+f. Steering a vessel toward any object or person in the
1568+water and turning sharply at close range so as to spray the
1569+object or person , shall all constitute the reckless operation
1570+of a vessel, as provided in subsection (a) of Section 33-5-70 .
1571+(2) Any person violating this subsection shall be
1572+punished upon conviction as provided in Section 33-5-70.
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1606-residents. Nonresidents may be examined and obtain
1607-certification in any county and the certification shall be
1608-entitled "Nonresident Alabama Boater Safety Certification,"
1609-but under no circumstances shall a person be granted any
1610-privileges of operation beyond those granted to an Alabama
1611-resident certification holder of the same age.
1612-(f) A person operating a vessel pursuant to a valid and
1613-legal commercial activity, shall, during the period of time of
1614-that activity only, shall be exempt from the requirement of
1615-boater safety certification. Otherwise, the person shall be
1616-subject to the requirement.
1617-(g) A person, while using a rental vessel from a boat
1618-rental business duly licensed by the applicable municipality
1619-or county, shall be exempt from the certification requirements
1620-of this section if the following conditions are met:
1621-The person rents a vessel from a boat rental business
1622-duly licensed by the municipality or the county if the
1623-following three conditions are met:
1624-a.(1) The rental contract specifies that the lessee has
1625-been instructed in the proper and safe operation of the vessel
1626-by the lessor or the authorized agent of the lessor , and.
1627-b.(2) The lessor in fact has complied with the terms of
1628-rental contract and all parties sign the contract , and.
1629-c.(3) The lessee signs a statement that the lessee is
1630-not currently under suspension or revocation of any boater
1631-safety certification or vessel operation privilege in this
1632-state.
1633-(4) A copy of the applicable rental contract is on
1602+(e) No person under the age of 12 shall 14 years of age
1603+may operate a personal watercraft on the waters of this state,
1604+and persons who are at least 12 and over may only operate
1605+personal watercraft on the waters of this state to the extent
1606+otherwise permitted except as provided under Section 33-5-57
1607+or as otherwise authorized by law.
1608+(f) It is unlawful for the owner of any personal
1609+watercraft or any person having charge over or control of a
1610+personal watercraft to authorize or knowingly permit these the
1611+personal watercraft to be operated on the waters of this state
1612+by a person in violation of this section.
1613+(g) No person shall tow any person by personal
1614+watercraft unless the personal watercraft is equipped with a
1615+rearview mirror mirrors meeting the specifications established
1616+by regulation of the Commissioner of the Department of
1617+Conservation and Natural Resources rule of the secretary .
1618+(h) Any person who violates this section, except as
1619+otherwise provided in subsection (d), shall be guilty of a
1620+Class B misdemeanor boating violation , punishable upon
1621+conviction as provided in Sections 13A-5-7 and 13A-5-12. All
1622+persons so convicted shall be fined not less than twenty-five
1623+dollars ($25). All fines collected for violation of this
1624+section shall be paid into the State Water Safety Fund .
1625+(i) This section does not apply to a performer engaged
1626+in a professional exhibition or a person participating in a
1627+regatta, race, marine parade, tournament, or exhibition
1628+permitted by the Marine Patrol Division and held in compliance
1629+with Section 33-5-27 , and any rules and regulations issued by
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1663-board the vessel while the vessel is in operation. "
1664-"§33-5-53
1665-(a)(1) Every person who applies for a boater safety
1666-certification under this article, except as otherwise provided
1667-in this subsection, shall pay a five dollar ($5) application
1668-fee and shall be given either a certificate of exemption from
1669-examination, if applicable, or will be given an a written or
1670-oral examination, either written or oral, before applying to
1671-the judge of probate or license commissioner for the issuance
1672-of the certification.
1673-(2) No person shall be eligible for, or issued, an
1674-exemption from examination in the event the person is
1675-convicted, on or after April 28, 1994, of violating any crime
1676-relating to the operation of a vessel, whether contained in
1677-this article chapter or otherwise, for which a person's boater
1678-safety certification or vessel operating privileges shall be
1679-suspended or revoked pursuant to this article chapter.
1680-(3)a. The person shall first apply to either the
1681-officer, state trooper, or duly authorized agent of the
1682-Director of Public Safety, the individual designated by the
1683-Director of Public Safety secretary to conduct examinations for
1684-the county of the applicant's residence, and a minor shall
1685-furnish a certified copy of a birth certificate or a certified
1686-statement from the county superintendent of education in which
1687-the applicant resides or the superintendent of the school
1688-which the person attends, to prove age and upon proof shall
1689-immediately be examined.
1690-b. Any operator of a boat who is 40 years of age or
1659+the Commissioner of Conservation and Natural Resources adopted
1660+by the secretary ."
1661+"§33-5-52
1662+(a)(1) Every person, except those specifically exempted
1663+by statutory enactment, within five years from April 28, 1994,
1664+shall procure a boater safety certification before operating a
1665+motorized vessel upon the waters of this state , as defined in
1666+Section 33-5-3. This section shall does not apply to the
1667+operation of any non-motorized sailboat, rowboat, or canoe.
1668+(2) Notwithstanding anything any law to the contrary herein,
1669+an Alabama resident 16 years of age and or older, who has not
1670+been previously issued a boater safety certification, may for
1671+a period of thirty (30) 30 days following the date of sale of
1672+the vessel to the person, may operate the vessel upon the
1673+waters, provided both of the following conditions are met:
1674+(1)a. The vessel has been registered in the name of the
1675+person; and (2) a.
1676+b. A bill of sale for the vessel, indicating that the
1677+person is the purchaser and owner of the vessel, is in the
1678+possession of the person at all times of operation.
1679+(3) In addition, any person while A person taking test
1680+drives of vessels for sale , when accompanied by a licensed
1681+vessel dealer, shall be exempt during the drive from the
1682+certification.
1683+(4) Every new resident of the State of Alabama, before
1684+operating a motorized vessel, shall procure the certification
1685+within 30 days after establishing residence in this state.
1686+(b) Each boater safety certification issued to a
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1720-older, whether a resident or a non-resident, as of April 28,
1721-1994, shall be granted a certificate of exemption only from
1722-the certification examination requirements of this article,
1723-but shall be subject to all the other requirements of this
1724-article. Any operator of a boat or vessel that is a holder of
1725-a current valid United States Coast Guard license issued under
1726-Section 46, Code of Federal Regulations, Part 10, is exempt
1727-from the safety certification requirements of Section 33-5-52,
1728-only while performing the duties of the operator, including,
1729-but not limited to, the following: Carrying passengers for
1730-hire on United States navigable waters; on all towboats
1731-greater than 26 feet engaged in towing; on any steam propelled
1732-vessel; on any sea-going vessel greater than 200 gross tons;
1733-on any vessel engaged in off-shore oil or mineral production;
1734-and on all boats or vessels over 200 gross tons. Also exempt
1735-from the safety certification requirements of Section 33-5-52,
1736-only upon proof of valid documentation and only while
1737-performing commercial fishing duties, is an operator of a
1738-commercial fishing vessel or boat. A person holding a valid
1739-United States Coast Guard motorboat operator's license, and a
1740-person submitting a valid certificate of successful completion
1741-of any of the following boating courses: (a) United States
1742-Power Squadron, (b) United States Coast Guard Auxiliary, or
1743-(c) any State of Alabama Marine Police Division approved
1744-boating safety course, shall be exempt from the examination
1745-requirements, and shall be issued a certificate of exemption
1746-from examination, for a boater safety certification, but shall
1747-be subject to all other requirements of this article.
1716+person, if issued at the same time the person is issued a
1717+valid Alabama motor vehicle driver or learner license, or
1718+valid Alabama nondriver identification card, or if issued
1719+prior to the expiration date of the driver or learner license
1720+or card, shall expire on the expiration date of the person's
1721+valid Alabama motor vehicle driver or learner license or card.
1722+In all other cases, the expiration date of each boater safety
1723+certification shall be four years from the date of issuance.
1724+(c) Every boater safety certification issued under this
1725+article may be renewed at the end of the certification period
1726+without examination upon application. For the purpose of
1727+renewal of a boater safety certification, the Department of
1728+Public Safety ALEA shall mail renewal notices to each
1729+certification holder 30 days after the expiration date if the
1730+certification has not been renewed. A grace period of 60 days
1731+after the expiration date of certification shall exist for the
1732+purpose of certification renewal and the certification shall
1733+be valid for this time period. The applicant shall apply for
1734+renewal of certification any time during a period beginning 30
1735+days before the expiration date of the then current
1736+certification until three years after the expiration date of
1737+certification. Failure to make application for renewal within
1738+the specified time shall result in the applicant being
1739+required to take, and successfully pass, a written or oral
1740+examination as administered by the Department of Public Safety
1741+ALEA. If any person's birthday is February 29, the first day
1742+of March following shall be regarded as the birthday for the
1743+purposes of this section.
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1777-(b) A person may be examined in a county other than the
1778-county designated by the Director of Public Safety secretary
1779-by agreement in writing with the Director of Public Safety
1780-secretary.
1781-(c) The Commissioner of Conservation and Natural
1782-Resources secretary shall establish from time to time as
1783-necessary the kind of examination or test to be given, which
1784-shall be of similar length and content as the motor vehicle
1785-driver license examination, and the method and manner of
1786-giving the test and ascertaining and reporting the results.
1787-Reports of all examinations shall be on forms provided by the
1788-Director of Public Safety secretary and shall show whether or
1789-not the applicant passed the examination. No provision of this
1790-subsection shall be construed to require a test of driving
1791-skills. The rules and regulations promulgated adopted by the
1792-commissioner secretary pursuant to this subsection shall be
1793-subject to the Administrative Procedure Act.
1794-(d) If the applicant passes the examination, a
1795-certificate to that effect shall be given, on a form provided
1796-by the Director of Public Safety secretary, by the officer,
1797-state trooper, or duly authorized agent of the Director of
1798-Public Safety individual conducting the test. The person shall
1799-present the certificate, or the certificate of exemption from
1800-examination if applicable, to the judge of probate or license
1801-commissioner of the county, together with the application for
1802-a boater safety certification, and the judge of probate or
1803-license commissioner shall attach the certificate to the
1804-application and forward it to the Director of Public Safety
1773+(d) Nonresidents at least 12 or more years of age who
1774+have in their immediate possession a valid boater safety
1775+certification or vessel operator's certification issued in
1776+their home state or country shall be exempt from the
1777+requirements of this section, but under no circumstances shall
1778+a person be granted any privileges of operation beyond those
1779+granted to an Alabama resident certification holder of the
1780+same age.
1781+(e) Nonresidents at least 12 or more years of age whose
1782+home state or country does not require boater safety
1783+certification or the licensing of vessel operators shall also
1784+be exempt from the requirements of this section for a
1785+cumulative operation period of not more than 45 days in any
1786+calendar year. Otherwise, any nonresidents shall be examined
1787+and certified under the same terms and conditions as Alabama
1788+residents. Nonresidents may be examined and obtain
1789+certification in any county and the certification shall be
1790+entitled "Nonresident Alabama Boater Safety Certification,"
1791+but under no circumstances shall a person be granted any
1792+privileges of operation beyond those granted to an Alabama
1793+resident certification holder of the same age.
1794+(f) A person operating a vessel pursuant to a valid and
1795+legal commercial activity, shall, during the period of time of
1796+that activity only, shall be exempt from the requirement of
1797+boater safety certification. Otherwise, the person shall be
1798+subject to the requirement.
1799+(g) A person, while using a rental vessel from a boat
1800+rental business duly licensed by the applicable municipality
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1834-secretary along with the application at the time the
1835-application is sent.
1836-(e) If any person fails to pass the examination given,
1837-no certificate shall be given and no application for a boater
1838-safety certification shall be accepted by a judge of probate
1839-or license commissioner unless it is accompanied by a
1840-certificate showing that the applicant has passed the
1841-examination.
1842-(f) The application fees shall be retained by the
1843-Department of Public Safety secretary and are appropriated on
1844-a continuous basis and shall be utilized and expended for
1845-boating safety or law enforcement purposes and shall not
1846-revert to the General Fund at the end of the fiscal year."
1847-"§33-5-54
1848-(a) Unless otherwise provided in this article, upon the
1849-installation of a system for the issuance of boater safety
1850-certifications with color photographs of holders, all
1851-certifications and renewals issued in this state shall be
1852-issued in the following manner:
1853-(1) The person shall apply under oath to the judge of
1854-probate or license commissioner of the county of residence for
1855-the certification or renewal upon a form which shall be
1856-provided by the Director of Public Safety secretary.
1857-(2) Subject to the other provisions of this section,
1858-the judge of probate or license commissioner shall take a
1859-color photograph of the holder, with equipment to be furnished
1860-by the Department of Public Safety secretary, to be attached
1861-to each application.
1830+or county, shall be exempt from the certification requirements
1831+of this section if the following conditions are met:
1832+The person rents a vessel from a boat rental business
1833+duly licensed by the municipality or the county if the
1834+following three conditions are met:
1835+a.(1) The rental contract specifies that the lessee has
1836+been instructed in the proper and safe operation of the vessel
1837+by the lessor or the authorized agent of the lessor , and.
1838+b.(2) The lessor in fact has complied with the terms of
1839+rental contract and all parties sign the contract , and.
1840+c.(3) The lessee signs a statement that the lessee is
1841+not currently under suspension or revocation of any boater
1842+safety certification or vessel operation privilege in this
1843+state.
1844+(4) A copy of the applicable rental contract is on
1845+board the vessel while the vessel is in operation. "
1846+"§33-5-53
1847+(a)(1) Every person who applies for a boater safety
1848+certification under this article, except as otherwise provided
1849+in this subsection, shall pay a five dollar ($5) application
1850+fee and shall be given either a certificate of exemption from
1851+examination, if applicable, or will be given an a written or
1852+oral examination, either written or oral, before applying to
1853+the judge of probate or license commissioner for the issuance
1854+of the certification.
1855+(2) No person shall be eligible for, or issued, an
1856+exemption from examination in the event the person is
1857+convicted, on or after April 28, 1994, of violating any crime
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1891-(b) It is the legislative intent to implement and
1892-maintain a boater safety certification program at the lowest
1893-possible cost to the citizens of Alabama. Consistent with this
1894-goal, it is the legislative intent to not require payment for
1895-boater safety certifications when certifications are obtained
1896-at the time of issuance of a valid Alabama motor vehicle
1897-driver or learner license or valid Alabama nondriver
1898-identification card, but rather utilize one card for those
1899-purposes.
1900-(c) The following requirements shall apply to persons
1901-obtaining boater safety certifications other than at the time
1902-of issuance of their Alabama motor vehicle driver or learner
1903-license or identification card:
1904-For the purpose of defraying the cost of issuing boater
1905-safety certifications with color photographs of the holder
1906-thereon, the judge of probate or license commissioner shall
1907-collect for each certification the sum of twenty dollars ($20)
1908-for a four-year certification, and the judge of probate or
1909-license commissioner shall give the applicant a boater safety
1910-certification.
1911-(d) Notwithstanding anything to the contrary, in the
1912-event the applicant is, at the time of issuance, also issued a
1913-valid Alabama motor vehicle driver or learner license or valid
1914-Alabama nondriver identification card, then the applicant
1915-shall not be required to pay any additional amount for the
1916-boater safety certification.
1917-(e) Any person given a citation for failure to have a
1918-boater safety certification who had a current, valid boater
1887+relating to the operation of a vessel, whether contained in
1888+this article chapter or otherwise, for which a person's boater
1889+safety certification or vessel operating privileges shall be
1890+suspended or revoked pursuant to this article chapter.
1891+(3)a. The person shall first apply to either the
1892+officer, state trooper, or duly authorized agent of the
1893+Director of Public Safety, the individual designated by the
1894+Director of Public Safety secretary to conduct examinations for
1895+the county of the applicant's residence, and a minor shall
1896+furnish a certified copy of a birth certificate or a certified
1897+statement from the county superintendent of education in which
1898+the applicant resides or the superintendent of the school
1899+which the person attends, to prove age and upon proof shall
1900+immediately be examined.
1901+b. Any operator of a boat who is 40 years of age or
1902+older, whether a resident or a non-resident, as of April 28,
1903+1994, shall be granted a certificate of exemption only from
1904+the certification examination requirements of this article,
1905+but shall be subject to all the other requirements of this
1906+article. Any operator of a boat or vessel that is a holder of
1907+a current valid United States Coast Guard license issued under
1908+Section 46, Code of Federal Regulations, Part 10, is exempt
1909+from the safety certification requirements of Section 33-5-52,
1910+only while performing the duties of the operator, including,
1911+but not limited to, the following: Carrying passengers for
1912+hire on United States navigable waters; on all towboats
1913+greater than 26 feet engaged in towing; on any steam propelled
1914+vessel; on any sea-going vessel greater than 200 gross tons;
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1948-safety certification at the time of the citation which was not
1949-on his or her person at the time the citation was issued, may
1950-present the boater safety certification to the court or the
1951-court clerk and the citation shall be dismissed without the
1952-payment of any costs."
1953-"§33-5-55
1954-At the close of business on Monday of each week, when
1955-any application has been received, the judge of probate
1956-receiving the application shall prepare a report upon a form
1957-which shall be provided by the Director of Public Safety
1958-secretary. One copy of the report, together with all
1959-applications received, shall be forwarded to the Director of
1960-Public Safety secretary and one copy shall be retained by the
1961-judge of probate. On the tenth day of every month, the judge
1962-of probate shall prepare a report showing the number of
1963-applications received and the amount of fees received during
1964-the previous calendar month; provided, that the report shall
1965-be prepared on the twentieth day in October, November, and
1966-December. One copy of the report shall be forwarded to the
1967-Director of Public Safety secretary, one to the Commissioner
1968-of Conservation and Natural Resources , one to the state
1969-Comptroller, and one to the State Treasurer, and the judge of
1970-probate shall retain a copy. Except as otherwise provided in
1971-this article, the judge of probate shall also at that time
1972-deliver to the State Treasurer the amount of all the fees
1973-collected, less one dollar fifty cents ($1.50) for each boater
1974-safety certification issued, which sum shall be retained by
1975-him or her. Except in counties where the judge of probate is
1944+on any vessel engaged in off-shore oil or mineral production;
1945+and on all boats or vessels over 200 gross tons. Also exempt
1946+from the safety certification requirements of Section 33-5-52,
1947+only upon proof of valid documentation and only while
1948+performing commercial fishing duties, is an operator of a
1949+commercial fishing vessel or boat. A person holding a valid
1950+United States Coast Guard motorboat operator's license, and a
1951+person submitting a valid certificate of successful completion
1952+of any of the following boating courses: (a) United States
1953+Power Squadron, (b) United States Coast Guard Auxiliary, or
1954+(c) any State of Alabama Marine Police Division approved
1955+boating safety course, shall be exempt from the examination
1956+requirements, and shall be issued a certificate of exemption
1957+from examination, for a boater safety certification, but shall
1958+be subject to all other requirements of this article.
1959+(b) A person may be examined in a county other than the
1960+county designated by the Director of Public Safety secretary
1961+by agreement in writing with the Director of Public Safety
1962+secretary.
1963+(c) The Commissioner of Conservation and Natural
1964+Resources secretary shall establish from time to time as
1965+necessary the kind of examination or test to be given, which
1966+shall be of similar length and content as the motor vehicle
1967+driver license examination, and the method and manner of
1968+giving the test and ascertaining and reporting the results.
1969+Reports of all examinations shall be on forms provided by the
1970+Director of Public Safety secretary and shall show whether or
1971+not the applicant passed the examination. No provision of this
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2005-compensated by fees, each one dollar fifty cents ($1.50)
2006-retained by the judge of probate shall be paid into the public
2007-highway and traffic fund of the county. In counties where the
2008-judge of probate is compensated by fees, two-fifths of each
2009-one dollar fifty cents ($1.50) retained by the judge of
2010-probate shall be for his or her own use, and no other or
2011-further charge shall be made for services rendered in taking
2012-or receiving applications or issuing permits. The remaining
2013-three-fifths shall be paid into the public highway and traffic
2014-fund of the county. This section, providing for the allocation
2015-of the one dollar fifty cents ($1.50) retained by the judge of
2016-probate in counties where the judge of probate is compensated
2017-by fees, shall not repeal any local statutes or general
2018-statutes of local application providing for a different
2019-allocation of the one dollar fifty cents ($1.50). The funds
2020-remitted to the State Treasurer under this section , shall be
2021-deposited into the Highway Traffic Safety Fund for the
2022-Department of Public Safety within the State Treasury. All
2023-money deposited in the State Treasury to the credit of the
2024-Highway Traffic Safety Fund for the Department of Public
2025-Safety shall be expended for law enforcement purposes and
2026-shall be appropriated on a continuous basis and shall not
2027-revert to the General Fund of the State Treasury."
2028-"§33-5-56
2029-(a) Each boater safety certification issued by the
2030-Department of Public Safety ALEA, except for temporary
2031-certifications issued pursuant to Section 33-5-54, or except
2032-special circumstances as determined by the Director of the
2001+subsection shall be construed to require a test of driving
2002+skills. The rules and regulations promulgated adopted by the
2003+commissioner secretary pursuant to this subsection shall be
2004+subject to the Administrative Procedure Act.
2005+(d) If the applicant passes the examination, a
2006+certificate to that effect shall be given, on a form provided
2007+by the Director of Public Safety secretary, by the officer,
2008+state trooper, or duly authorized agent of the Director of
2009+Public Safety individual conducting the test. The person shall
2010+present the certificate, or the certificate of exemption from
2011+examination if applicable, to the judge of probate or license
2012+commissioner of the county, together with the application for
2013+a boater safety certification, and the judge of probate or
2014+license commissioner shall attach the certificate to the
2015+application and forward it to the Director of Public Safety
2016+secretary along with the application at the time the
2017+application is sent.
2018+(e) If any person fails to pass the examination given,
2019+no certificate shall be given and no application for a boater
2020+safety certification shall be accepted by a judge of probate
2021+or license commissioner unless it is accompanied by a
2022+certificate showing that the applicant has passed the
2023+examination.
2024+(f) The application fees shall be retained by the
2025+Department of Public Safety secretary and are appropriated on
2026+a continuous basis and shall be utilized and expended for
2027+boating safety or law enforcement purposes and shall not
2028+revert to the General Fund at the end of the fiscal year."
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2062-Department of Public Safety secretary, shall bear thereon a
2063-distinguishing number assigned to the holder and a color
2064-photograph of the holder, the name, birth date, address, and a
2065-description of the holder, who, for the purpose of
2066-identification and as a condition precedent to the validity of
2067-the certification, immediately upon receipt thereof, shall
2068-endorse his or her usual or regular signature in ink or
2069-electronically upon the certification in the space provided,
2070-unless a facsimile of the holder's signature appears.
2071-(b) The photo boater safety certification, as provided
2072-in Section 33-5-54, shall have a photo core that meets the
2073-minimum width and length dimensions specified in ANSI
2074-standards X4.13-1971 and ANSI standard CR80, plus or minus 1/4
2075-inch. In addition to all current and existing any other fees,
2076-the Department of Public Safety ALEA may charge an additional
2077-fee to recover the cost of obtaining boater safety
2078-certifications and terminal support equipment from the
2079-supplier. The fee may not exceed ten cents ($.10) over the
2080-actual cost of obtaining the necessary material from the
2081-supplier. Revenues collected under this section shall be used
2082-by the department ALEA for the sole purpose of this program
2083-and any excess shall revert to the State General Fund at the
2084-end of each fiscal year.
2085-(c) Notwithstanding anything any other law to the
2086-contrary, in the event a person is issued a valid Alabama
2087-motor vehicle driver or learner license, or valid Alabama
2088-nondriver identification card at the same time as issuance of
2089-the boater safety certification, the certification shall
2058+"§33-5-54
2059+(a) Unless otherwise provided in this article, upon the
2060+installation of a system for the issuance of boater safety
2061+certifications with color photographs of holders, all
2062+certifications and renewals issued in this state shall be
2063+issued in the following manner:
2064+(1) The person shall apply under oath to the judge of
2065+probate or license commissioner of the county of residence for
2066+the certification or renewal upon a form which shall be
2067+provided by the Director of Public Safety secretary.
2068+(2) Subject to the other provisions of this section,
2069+the judge of probate or license commissioner shall take a
2070+color photograph of the holder, with equipment to be furnished
2071+by the Department of Public Safety secretary, to be attached
2072+to each application.
2073+(b) It is the legislative intent to implement and
2074+maintain a boater safety certification program at the lowest
2075+possible cost to the citizens of Alabama. Consistent with this
2076+goal, it is the legislative intent to not require payment for
2077+boater safety certifications when certifications are obtained
2078+at the time of issuance of a valid Alabama motor vehicle
2079+driver or learner license or valid Alabama nondriver
2080+identification card, but rather utilize one card for those
2081+purposes.
2082+(c) The following requirements shall apply to persons
2083+obtaining boater safety certifications other than at the time
2084+of issuance of their Alabama motor vehicle driver or learner
2085+license or identification card:
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2119-consist of a notification on the driver or learner license or
2120-the identification card, at no additional cost for
2121-notification, that the person is also the holder of a boater
2122-safety certification. No additional fees shall may be
2123-collected or retained for the issuance of a boater safety
2124-certification under these circumstances. Any person may have a
2125-duplicate card issued, at the same cost as the original cost,
2126-for the convenience of the individual. The duplicate shall be
2127-marked "duplicate."
2128-"§33-5-58
2129-(a) Any person with physical disabilities, a record of
2130-an impairment, or regarded as having an impairment, shall be
2131-subject to the same laws , and rules, and regulations set forth
2132-adopted by the Department of Public Safety and the Department
2133-of Conservation and Natural Resources secretary relating to the
2134-certification of an individual to operate a vessel.
2135-(b) Notwithstanding any law , or rule to the contrary ,
2136-or regulation, the Department of Public Safety secretary shall
2137-not refuse to issue or renew any certification for the
2138-operation of a vessel on the grounds of physical appearance,
2139-speculations, or generalizations that the individual's
2140-physical impairment would impede that person's ability to
2141-operate a vessel in a safe manner without probable cause to
2142-believe the person's ability to operate a vessel in a safe
2143-manner is in fact impaired.
2144-(c) If the department refuses to issue a person's
2145-application for a certification is denied or arbitrarily
2146-questions the person's abilities, based on the physical
2115+For the purpose of defraying the cost of issuing boater
2116+safety certifications with color photographs of the holder
2117+thereon, the judge of probate or license commissioner shall
2118+collect for each certification the sum of twenty dollars ($20)
2119+for a four-year certification, and the judge of probate or
2120+license commissioner shall give the applicant a boater safety
2121+certification.
2122+(d) Notwithstanding anything to the contrary, in the
2123+event the applicant is, at the time of issuance, also issued a
2124+valid Alabama motor vehicle driver or learner license or valid
2125+Alabama nondriver identification card, then the applicant
2126+shall not be required to pay any additional amount for the
2127+boater safety certification.
2128+(e) Any person given a citation for failure to have a
2129+boater safety certification who had a current, valid boater
2130+safety certification at the time of the citation which was not
2131+on his or her person at the time the citation was issued, may
2132+present the boater safety certification to the court or the
2133+court clerk and the citation shall be dismissed without the
2134+payment of any costs."
2135+"§33-5-55
2136+At the close of business on Monday of each week, when
2137+any application has been received, the judge of probate
2138+receiving the application shall prepare a report upon a form
2139+which shall be provided by the Director of Public Safety
2140+secretary. One copy of the report, together with all
2141+applications received, shall be forwarded to the Director of
2142+Public Safety secretary and one copy shall be retained by the
21472143 1037
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21502146 1040
21512147 1041
21522148 1042
21532149 1043
21542150 1044
21552151 1045
21562152 1046
21572153 1047
21582154 1048
21592155 1049
21602156 1050
21612157 1051
21622158 1052
21632159 1053
21642160 1054
21652161 1055
21662162 1056
21672163 1057
21682164 1058
21692165 1059
21702166 1060
21712167 1061
21722168 1062
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2176-appearance or speculated inability of the person to operate a
2177-vessel in a safe manner, the person shall have a right to an
2178-impartial hearing before the Director of Public Safety
2179-secretary or his or her designee. At the hearing, the person
2180-shall have the right to be represented by counsel and to
2181-present witnesses including, but not limited to, a physician
2182-of choice. The person may appeal any decision to the circuit
2183-court of competent jurisdiction for a trial de novo.
2184-(d) This section shall be interpreted to be consistent
2185-with and to further the purposes and policies of Section 504
2186-of the Rehabilitation Act of 1973, as amended, 34 CFR Part 104
2187-and P.L. 101-336, The Americans with Disabilities Act of 1990,
2188-together with implementing regulations, and amendments to the
2189-laws and regulations."
2190-"§33-5-59
2191-Every holder of a boater safety certification shall
2192-have the certification in personal possession at all times
2193-when operating a motorized vessel and shall display the
2194-certificate upon demand of a judge of any court , a peace
2195-officer, state marine police officer, or a state trooper or
2196-law enforcement officer . No person charged with violating this
2197-section shall be convicted , if the person produces in court or
2198-in the office of the arresting officer a boater safety
2199-certification issued prior to the arrest and valid at the time
2200-of arrest."
2201-"§33-5-60
2202-(a) The Director of Public Safety and Commissioner of
2203-Conservation and Natural Resources are empowered to secretary
2172+judge of probate. On the tenth day of every month, the judge
2173+of probate shall prepare a report showing the number of
2174+applications received and the amount of fees received during
2175+the previous calendar month; provided, that the report shall
2176+be prepared on the twentieth day in October, November, and
2177+December. One copy of the report shall be forwarded to the
2178+Director of Public Safety secretary, one to the Commissioner
2179+of Conservation and Natural Resources , one to the state
2180+Comptroller, and one to the State Treasurer, and the judge of
2181+probate shall retain a copy. Except as otherwise provided in
2182+this article, the judge of probate shall also at that time
2183+deliver to the State Treasurer the amount of all the fees
2184+collected, less one dollar fifty cents ($1.50) for each boater
2185+safety certification issued, which sum shall be retained by
2186+him or her. Except in counties where the judge of probate is
2187+compensated by fees, each one dollar fifty cents ($1.50)
2188+retained by the judge of probate shall be paid into the public
2189+highway and traffic fund of the county. In counties where the
2190+judge of probate is compensated by fees, two-fifths of each
2191+one dollar fifty cents ($1.50) retained by the judge of
2192+probate shall be for his or her own use, and no other or
2193+further charge shall be made for services rendered in taking
2194+or receiving applications or issuing permits. The remaining
2195+three-fifths shall be paid into the public highway and traffic
2196+fund of the county. This section, providing for the allocation
2197+of the one dollar fifty cents ($1.50) retained by the judge of
2198+probate in counties where the judge of probate is compensated
2199+by fees, shall not repeal any local statutes or general
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22192215 1080
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22232219 1084
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22262222 1087
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2233-may enter into reciprocal agreements with other states
2234-constituting an exchange of rights or privileges in the use of
2235-boater safety certifications, vessel operator's
2236-certifications, or vessel operating privileges , within this
2237-state by residents of other states.
2238-(b) Nothing in this article shall in any way affect the
2239-revocation of certifications of another state.
2240-(c) The reciprocal agreement can may be annulled on
2241-notice issued to either party by the other party within 30
2242-days.
2243-(d) No reciprocal agreement shall authorize a person
2244-who has been a resident of this state for the past 90 or more
2245-days to operate a motorized vessel in this state without a
2246-valid boater safety certification issued by the Director of
2247-Public Safety of this state secretary."
2248-"§33-5-61
2249-(a) The Director of Public Safety secretary, upon
2250-issuing a boater safety certification , shall have authority
2251-whenever the holder to an individual who is impaired from a
2252-physical disability ,to may impose restrictions suitable to
2253-the holder's operating ability with respect to the type of or
2254-special mechanical control devices required on a vessel which
2255-that the holder may operate or other restrictions applicable
2256-to the holder as the Director of Public Safety or Commissioner
2257-of Conservation and Natural Resources may determine to be
2258-appropriate to assure the safe operation of a vessel by the
2259-holder.
2260-(b) The Director of Public Safety secretary may either
2229+statutes of local application providing for a different
2230+allocation of the one dollar fifty cents ($1.50). The funds
2231+remitted to the State Treasurer under this section , shall be
2232+deposited into the Highway Traffic Safety Fund for the
2233+Department of Public Safety within the State Treasury. All
2234+money deposited in the State Treasury to the credit of the
2235+Highway Traffic Safety Fund for the Department of Public
2236+Safety shall be expended for law enforcement purposes and
2237+shall be appropriated on a continuous basis and shall not
2238+revert to the General Fund of the State Treasury."
2239+"§33-5-56
2240+(a) Each boater safety certification issued by the
2241+Department of Public Safety ALEA, except for temporary
2242+certifications issued pursuant to Section 33-5-54, or except
2243+special circumstances as determined by the Director of the
2244+Department of Public Safety secretary, shall bear thereon a
2245+distinguishing number assigned to the holder and a color
2246+photograph of the holder, the name, birth date, address, and a
2247+description of the holder, who, for the purpose of
2248+identification and as a condition precedent to the validity of
2249+the certification, immediately upon receipt thereof, shall
2250+endorse his or her usual or regular signature in ink or
2251+electronically upon the certification in the space provided,
2252+unless a facsimile of the holder's signature appears.
2253+(b) The photo boater safety certification, as provided
2254+in Section 33-5-54, shall have a photo core that meets the
2255+minimum width and length dimensions specified in ANSI
2256+standards X4.13-1971 and ANSI standard CR80, plus or minus 1/4
22612257 1093
22622258 1094
22632259 1095
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22652261 1097
22662262 1098
22672263 1099
22682264 1100
22692265 1101
22702266 1102
22712267 1103
22722268 1104
22732269 1105
22742270 1106
22752271 1107
22762272 1108
22772273 1109
22782274 1110
22792275 1111
22802276 1112
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22822278 1114
22832279 1115
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22852281 1117
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2290-issue a special restricted certification or may set forth
2291-restrictions upon the usual certification form in the issuance
2292-of certification under subsection (a) of this section .
2293-(c) The Commissioner of Conservation and National
2294-Resources may secretary, upon receiving satisfactory evidence
2295-of any violation of the restrictions of certification subject
2296-to subsection (a), may suspend the certification , but the
2297-person shall be entitled to a hearing as upon a suspension
2298-under Section 33-5-75.
2299-(d) It shall be a Class C misdemeanor for any person to
2300-operate A person who operates a vessel in any manner in
2301-violation of the restrictions imposed in a restricted
2302-certification shall be guilty of a boating violation . Any
2303-fines collected for the violation of this section shall be
2304-deposited into the State Water Safety Fund. "
2305-"§33-5-62
2306-(a) The Commissioner of Conservation and Natural
2307-Resources secretary may establish and promulgate adopt
2308-reasonable rules and regulations, not in conflict with the
2309-laws of this state, concerning the operation of vessels and
2310-concerning the enforcement of this article chapter. All fines
2311-collected shall be deposited into the State Treasury to the
2312-credit of the State Water Safety Fund.
2313-(b) Specifically, but not by way of limitation, the
2314-commissioner may establish, by regulation, in In addition to
2315-all other penalties, the secretary, by rule, shall assign each
2316-type of boating violation a point value through the creation
2317-of a point system by which boater safety certifications may be
2286+inch. In addition to all current and existing any other fees,
2287+the Department of Public Safety ALEA may charge an additional
2288+fee to recover the cost of obtaining boater safety
2289+certifications and terminal support equipment from the
2290+supplier. The fee may not exceed ten cents ($.10) over the
2291+actual cost of obtaining the necessary material from the
2292+supplier. Revenues collected under this section shall be used
2293+by the department ALEA for the sole purpose of this program
2294+and any excess shall revert to the State General Fund at the
2295+end of each fiscal year.
2296+(c) Notwithstanding anything any other law to the
2297+contrary, in the event a person is issued a valid Alabama
2298+motor vehicle driver or learner license, or valid Alabama
2299+nondriver identification card at the same time as issuance of
2300+the boater safety certification, the certification shall
2301+consist of a notification on the driver or learner license or
2302+the identification card, at no additional cost for
2303+notification, that the person is also the holder of a boater
2304+safety certification. No additional fees shall may be
2305+collected or retained for the issuance of a boater safety
2306+certification under these circumstances. Any person may have a
2307+duplicate card issued, at the same cost as the original cost,
2308+for the convenience of the individual. The duplicate shall be
2309+marked "duplicate."
2310+"§33-5-58
2311+(a) Any person with physical disabilities, a record of
2312+an impairment, or regarded as having an impairment, shall be
2313+subject to the same laws , and rules, and regulations set forth
23182314 1121
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23252321 1128
23262322 1129
23272323 1130
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23462342 Page 42
2347-suspended or revoked, as well as hearing procedures related to
2348-the suspension or revocation of certifications. Point values
2349-shall be assigned based on the severity of a boating
2350-violation, as determined by the secretary. Reports of boating
2351-violations shall retain their point value for suspension
2352-purposes for a period of two years from the date of
2353-conviction; provided, if any period of suspension is
2354-mitigated, the points shall remain effective during any period
2355-of probation which may be imposed.
2356-(c) Unless otherwise provided by law, the penalty for
2357-the violation of any rules and regulations promulgated rule
2358-adopted under this article shall be a Class C misdemeanor
2359-punishable upon conviction as provided in Sections 13A-5-7 and
2360-l3A-5-12. A person so convicted shall be fined boating
2361-violation not less than fifty dollars ($50) ."
2362-"§33-5-63
2363-The Director of Public Safety secretary shall file
2364-every application for a boater safety certification received
2365-by him and shall maintain suitable indices. The Commissioner
2366-of Conservation and Natural Resources secretary shall also file
2367-all accident reports and abstracts of court records of
2368-convictions received under the laws of this state and, in that
2369-connection, maintain convenient records or make suitable
2370-notations in order that an individual record of each
2371-certification holder showing the convictions of and the
2372-accidents in which the holder has been involved. The record
2373-shall be readily ascertainable and available for the
2374-consideration of the commissioner and director secretary upon
2343+adopted by the Department of Public Safety and the Department
2344+of Conservation and Natural Resources secretary relating to the
2345+certification of an individual to operate a vessel.
2346+(b) Notwithstanding any law , or rule to the contrary ,
2347+or regulation, the Department of Public Safety secretary shall
2348+not refuse to issue or renew any certification for the
2349+operation of a vessel on the grounds of physical appearance,
2350+speculations, or generalizations that the individual's
2351+physical impairment would impede that person's ability to
2352+operate a vessel in a safe manner without probable cause to
2353+believe the person's ability to operate a vessel in a safe
2354+manner is in fact impaired.
2355+(c) If the department refuses to issue a person's
2356+application for a certification is denied or arbitrarily
2357+questions the person's abilities, based on the physical
2358+appearance or speculated inability of the person to operate a
2359+vessel in a safe manner, the person shall have a right to an
2360+impartial hearing before the Director of Public Safety
2361+secretary or his or her designee. At the hearing, the person
2362+shall have the right to be represented by counsel and to
2363+present witnesses including, but not limited to, a physician
2364+of choice. The person may appeal any decision to the circuit
2365+court of competent jurisdiction for a trial de novo.
2366+(d) This section shall be interpreted to be consistent
2367+with and to further the purposes and policies of Section 504
2368+of the Rehabilitation Act of 1973, as amended, 34 CFR Part 104
2369+and P.L. 101-336, The Americans with Disabilities Act of 1990,
2370+together with implementing regulations, and amendments to the
23752371 1149
23762372 1150
23772373 1151
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2404-any application for renewal of certification and at other
2405-suitable times."
2406-"§33-5-64
2407-(a) In the event any boater safety certification issued
2408-under this article is lost or destroyed, the Secretary of ALEA
2409-may issue a duplicate to the person under the following
2410-conditions:
2411-(1) Upon application for a first duplicate, the person
2412-may upon payment of shall pay a fee of five dollars ($5) and
2413-upon furnishing furnish proof to the Director of Public Safety
2414-secretary that the certificate has been lost or destroyed ,
2415-secure a duplicate .
2416-(2) The Upon application for a second and or subsequent
2417-duplicates duplicate, the person shall pay applied for will
2418-require the payment of a fee of fifteen dollars ($15) and ,
2419-upon furnishing furnish proof satisfactory to the Director of
2420-Public Safety secretary that the previously held certification
2421-or duplicate has been lost or destroyed , a duplicate may be
2422-secured.
2423-(b) Application for the a duplicate shall be made to
2424-the Director of Public Safety secretary on forms provided by
2425-the official ALEA. The fee shall be collected by the director
2426-secretary, paid into the State Treasury , and credited to the
2427-Department of Public Safety State Water Safety Fund . The fee
2428-shall be retained by the Department of Public Safety ALEA,and
2429-is appropriated on a continuous basis , and shall be utilized
2430-and expended for boating safety or law enforcement purposes .
2431-and The fee shall not revert to the General Fund at the end of
2400+laws and regulations."
2401+"§33-5-59
2402+Every holder of a boater safety certification shall
2403+have the certification in personal possession at all times
2404+when operating a motorized vessel and shall display the
2405+certificate upon demand of a judge of any court , a peace
2406+officer, state marine police officer, or a state trooper or
2407+law enforcement officer . No person charged with violating this
2408+section shall be convicted , if the person produces in court or
2409+in the office of the arresting officer a boater safety
2410+certification issued prior to the arrest and valid at the time
2411+of arrest."
2412+"§33-5-60
2413+(a) The Director of Public Safety and Commissioner of
2414+Conservation and Natural Resources are empowered to secretary
2415+may enter into reciprocal agreements with other states
2416+constituting an exchange of rights or privileges in the use of
2417+boater safety certifications, vessel operator's
2418+certifications, or vessel operating privileges , within this
2419+state by residents of other states.
2420+(b) Nothing in this article shall in any way affect the
2421+revocation of certifications of another state.
2422+(c) The reciprocal agreement can may be annulled on
2423+notice issued to either party by the other party within 30
2424+days.
2425+(d) No reciprocal agreement shall authorize a person
2426+who has been a resident of this state for the past 90 or more
2427+days to operate a motorized vessel in this state without a
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24372433 1182
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24512447 1196
24522448 1197
24532449 1198
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24602456 Page 44
2461-the fiscal year.
2462-(b)(c) Any person making a false affidavit to the
2463-Director of Public Safety secretary for the purpose of
2464-obtaining a duplicate certification shall be guilty of a Class
2465-C misdemeanor and upon conviction shall be punished as
2466-provided in Sections 13A-5-7 and 13A-5-12. Any person so
2467-convicted shall be fined not less than fifty dollars ($50).
2468-All fines collected for the violation of this subsection shall
2469-be deposited into the State Water Safety Fund.
2470-(c)(d) Notwithstanding anything any other provision of
2471-law to the contrary, however, the in the event a person is
2472-issued a valid Alabama motor vehicle driver or learner license
2473-or valid Alabama nondriver identification card at the same
2474-time as issuance of the boater safety certification, the
2475-person shall not be required to pay any additional fees for
2476-the reissuance of a lost or destroyed boater safety
2477-certification as denoted on any reissued lost or destroyed
2478-motor vehicle driver license , when the license and a boater
2479-safety certification were previously issued at the same time ."
2480-"§33-5-65
2481-(a) Any person whose boater safety certification has
2482-been cancelled, suspended, or revoked under any provision of
2483-Alabama law, by the Commissioner of Conservation and Natural
2484-Resources, or by any court of competent jurisdiction shall ,
2485-upon application for reinstatement of the certification, shall
2486-pay to the Director of Public Safety secretary a fee of fifty
2487-dollars ($50) for each cancellation, suspension, or revocation
2488-action. An additional fifty dollars ($50) is shall be imposed
2457+valid boater safety certification issued by the Director of
2458+Public Safety of this state secretary."
2459+"§33-5-61
2460+(a) The Director of Public Safety secretary, upon
2461+issuing a boater safety certification , shall have authority
2462+whenever the holder to an individual who is impaired from a
2463+physical disability ,to may impose restrictions suitable to
2464+the holder's operating ability with respect to the type of or
2465+special mechanical control devices required on a vessel which
2466+that the holder may operate or other restrictions applicable
2467+to the holder as the Director of Public Safety or Commissioner
2468+of Conservation and Natural Resources may determine to be
2469+appropriate to assure the safe operation of a vessel by the
2470+holder.
2471+(b) The Director of Public Safety secretary may either
2472+issue a special restricted certification or may set forth
2473+restrictions upon the usual certification form in the issuance
2474+of certification under subsection (a) of this section .
2475+(c) The Commissioner of Conservation and National
2476+Resources may secretary, upon receiving satisfactory evidence
2477+of any violation of the restrictions of certification subject
2478+to subsection (a), may suspend the certification , but the
2479+person shall be entitled to a hearing as upon a suspension
2480+under Section 33-5-75.
2481+(d) It shall be a Class C misdemeanor for any person to
2482+operate A person who operates a vessel in any manner in
2483+violation of the restrictions imposed in a restricted
2484+certification shall be guilty of a boating violation . Any
24892485 1205
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25042500 1220
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25072503 1223
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25112507 1227
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2518-if the cancelled, suspended, or revoked certification is not
2519-voluntarily surrendered within 30 days of a cancellation,
2520-suspension, or revocation notice.
2521-(b) Upon receipt of the reinstatement fee, clearance
2522-for recertification will shall be provided. The second and any
2523-subsequent clearance for recertification for this action will
2524-shall be provided for a fee of five dollars ($5).
2525-(c) Upon reinstatement , the holder is required to shall
2526-obtain a duplicate certification with a new photograph and
2527-current personal data.
2528-(d) Fees collected by the director under this section
2529-shall be deposited into the State Treasury to the credit of
2530-the State Water Safety Fund retained by the Department of
2531-Public Safety and shall not be returned to the applicant for
2532-reinstatement of certification, notwithstanding what action
2533-the Commissioner of Conservation and Natural Resources may
2534-take on the person's application for reinstatement of
2535-certification."
2536-"§33-5-66
2537-(a) Any person of whom a boater safety certification is
2538-required, who operates a motorized vessel on the waters of
2539-this state as the terms are defined in Section 33-5-3, without
2540-first complying with this article , or the rules and
2541-regulations promulgated adopted thereunder , shall be guilty of
2542-a Class B misdemeanor boating violation , and, upon conviction
2543-is punishable as provided in Sections 13A-5-7 and 13A-5-12.
2544-Any person so convicted shall be fined not less than
2545-twenty-five dollars ($25) .
2514+fines collected for the violation of this section shall be
2515+deposited into the State Water Safety Fund. "
2516+"§33-5-62
2517+(a) The Commissioner of Conservation and Natural
2518+Resources secretary may establish and promulgate adopt
2519+reasonable rules and regulations, not in conflict with the
2520+laws of this state, concerning the operation of vessels and
2521+concerning the enforcement of this article chapter. All fines
2522+collected shall be deposited into the State Treasury to the
2523+credit of the State Water Safety Fund.
2524+(b) Specifically, but not by way of limitation, the
2525+commissioner may establish, by regulation, in In addition to
2526+all other penalties, the secretary, by rule, shall assign each
2527+type of boating violation a point value through the creation
2528+of a point system by which boater safety certifications may be
2529+suspended or revoked, as well as hearing procedures related to
2530+the suspension or revocation of certifications. Point values
2531+shall be assigned based on the severity of a boating
2532+violation, as determined by the secretary. Reports of boating
2533+violations shall retain their point value for suspension
2534+purposes for a period of two years from the date of
2535+conviction; provided, if any period of suspension is
2536+mitigated, the points shall remain effective during any period
2537+of probation which may be imposed.
2538+(c) Unless otherwise provided by law, the penalty for
2539+the violation of any rules and regulations promulgated rule
2540+adopted under this article shall be a Class C misdemeanor
2541+punishable upon conviction as provided in Sections 13A-5-7 and
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2575-(b) Any person who knowingly gives permission to
2576-operate a motorized vessel on the waters of this state , as the
2577-terms are defined in Section 33-5-3, to another person who is
2578-required to have a boater safety certification pursuant to
2579-this article and who does not have a boater safety
2580-certification in compliance with this article , or to another
2581-person required to be accompanied pursuant to this article and
2582-who is not accompanied in compliance with this article , shall
2583-be guilty of a Class C misdemeanor and, upon conviction, is
2584-punishable as provided in Sections 13A-5-7 and 13A-5-12. Any
2585-person so convicted shall be boating violation fined not less
2586-than twenty-five dollars ($25) .
2587-(c) Any person who willfully makes a false statement
2588-under oath in an application for or renewal for of a boater
2589-safety certification, shall be guilty of perjury and upon
2590-conviction is punishable shall be punished as provided by law.
2591-(d) Any person who willfully conceals or withholds a
2592-material fact called for in an application for or renewal of a
2593-boater safety certification, with intent to obtain
2594-certification by fraud, shall be guilty of a Class C
2595-misdemeanor and, upon conviction, is punishable as provided in
2596-Sections 13A-5-7 and 13A-5-12. Any person so convicted shall
2597-be boating violation fined not less than twenty-five dollars
2598-($25).
2599-(e) Any person who violates any provision of this
2600-article for which no fixed punishment is prescribed, or who
2601-violates any rule or regulation promulgated as authorized by
2602-adopted pursuant to this article, shall be guilty of a Class C
2571+l3A-5-12. A person so convicted shall be fined boating
2572+violation not less than fifty dollars ($50) ."
2573+"§33-5-63
2574+The Director of Public Safety secretary shall file
2575+every application for a boater safety certification received
2576+by him and shall maintain suitable indices. The Commissioner
2577+of Conservation and Natural Resources secretary shall also file
2578+all accident reports and abstracts of court records of
2579+convictions received under the laws of this state and, in that
2580+connection, maintain convenient records or make suitable
2581+notations in order that an individual record of each
2582+certification holder showing the convictions of and the
2583+accidents in which the holder has been involved. The record
2584+shall be readily ascertainable and available for the
2585+consideration of the commissioner and director secretary upon
2586+any application for renewal of certification and at other
2587+suitable times."
2588+"§33-5-64
2589+(a) In the event any boater safety certification issued
2590+under this article is lost or destroyed, the Secretary of ALEA
2591+may issue a duplicate to the person under the following
2592+conditions:
2593+(1) Upon application for a first duplicate, the person
2594+may upon payment of shall pay a fee of five dollars ($5) and
2595+upon furnishing furnish proof to the Director of Public Safety
2596+secretary that the certificate has been lost or destroyed ,
2597+secure a duplicate .
2598+(2) The Upon application for a second and or subsequent
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2632-misdemeanor and, upon conviction, is punishable as provided in
2633-Sections 13A-5-7 and 13A-5-12. Any person so convicted boating
2634-violation shall be fined not less than twenty-five dollars
2635-($25).
2636-(f) All fines, penalties, or forfeitures imposed and
2637-collected under this article shall be forwarded immediately by
2638-the officer of the court who collects them to the Commissioner
2639-of Conservation and Natural Resources secretary, together with
2640-a report giving a list and description of each case in which a
2641-fine, penalty, or forfeiture was collected. The reports shall
2642-be on forms provided by the commissioner secretary and shall
2643-contain information as the commissioner secretary may require.
2644-All moneys monies received by the commissioner secretary shall
2645-be covered by him immediately upon receipt deposited into the
2646-State Treasury to the credit of the State Water Safety Fund.
2647-Any officer of the court who fails to make the reports
2648-provided for or who fails to remit any fines, penalties, or
2649-forfeitures, as provided by law, and collected under this
2650-article in the manner provided shall be guilty of a Class C
2651-misdemeanor and, upon conviction, shall be fined not more than
2652-one hundred dollars ($100). "
2653-"§33-5-67
2654-Any person whose boater safety certification or vessel
2655-operator's certification issued in this or another state or
2656-whose vessel operating privilege as a nonresident has been
2657-cancelled, suspended, or revoked, as provided in this article,
2658-and who operates any motorized vessel upon the waters of this
2659-state while certification or privilege is cancelled,
2628+duplicates duplicate, the person shall pay applied for will
2629+require the payment of a fee of fifteen dollars ($15) and ,
2630+upon furnishing furnish proof satisfactory to the Director of
2631+Public Safety secretary that the previously held certification
2632+or duplicate has been lost or destroyed , a duplicate may be
2633+secured.
2634+(b) Application for the a duplicate shall be made to
2635+the Director of Public Safety secretary on forms provided by
2636+the official ALEA. The fee shall be collected by the director
2637+secretary, paid into the State Treasury , and credited to the
2638+Department of Public Safety State Water Safety Fund . The fee
2639+shall be retained by the Department of Public Safety ALEA,and
2640+is appropriated on a continuous basis , and shall be utilized
2641+and expended for boating safety or law enforcement purposes .
2642+and The fee shall not revert to the General Fund at the end of
2643+the fiscal year.
2644+(b)(c) Any person making a false affidavit to the
2645+Director of Public Safety secretary for the purpose of
2646+obtaining a duplicate certification shall be guilty of a Class
2647+C misdemeanor and upon conviction shall be punished as
2648+provided in Sections 13A-5-7 and 13A-5-12. Any person so
2649+convicted shall be fined not less than fifty dollars ($50).
2650+All fines collected for the violation of this subsection shall
2651+be deposited into the State Water Safety Fund.
2652+(c)(d) Notwithstanding anything any other provision of
2653+law to the contrary, however, the in the event a person is
2654+issued a valid Alabama motor vehicle driver or learner license
2655+or valid Alabama nondriver identification card at the same
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2689-suspended, or revoked shall be guilty of a Class C misdemeanor
2690-and, upon conviction, is punishable as provided in Sections
2691-13A-5-7 and 13A-5-12. Any person so convicted shall be boating
2692-violation and fined not less than one hundred dollars ($100).
2693-Also, at the discretion of the Commissioner of Conservation
2694-and Natural Resources secretary, the person's certification or
2695-privilege may be revoked or suspended for an additional
2696-revocation period of six months."
2697-"§33-5-68
2698-(a) Every applicant for an original boater safety
2699-certification shall be required to pay an application fee of
2700-five dollars ($5) to the Department of Public Safety secretary
2701-upon applying to the officer, state trooper, or duly
2702-authorized agent of the Director of Public Safety, or to one
2703-of them where there is more than one person designated by the
2704-Director of Public Safety, secretary to conduct examinations
2705-in the county of the applicant's residence. The five dollar
2706-($5) application fee shall be required prior to the issuance
2707-of each certification of examination or exemption from
2708-examination.
2709-(b) The Department of Public Safety secretary shall
2710-issue proper receipts for the application fee. The application
2711-fees are appropriated on a continuous basis to the Department
2712-of Public Safety, ALEA and shall be retained by the department
2713-and utilized for boating safety or law enforcement purposes
2714-and shall not revert to the State General Fund at the end of
2715-each fiscal year."
2716-"§33-5-69
2685+time as issuance of the boater safety certification, the
2686+person shall not be required to pay any additional fees for
2687+the reissuance of a lost or destroyed boater safety
2688+certification as denoted on any reissued lost or destroyed
2689+motor vehicle driver license , when the license and a boater
2690+safety certification were previously issued at the same time ."
2691+"§33-5-65
2692+(a) Any person whose boater safety certification has
2693+been cancelled, suspended, or revoked under any provision of
2694+Alabama law, by the Commissioner of Conservation and Natural
2695+Resources, or by any court of competent jurisdiction shall ,
2696+upon application for reinstatement of the certification, shall
2697+pay to the Director of Public Safety secretary a fee of fifty
2698+dollars ($50) for each cancellation, suspension, or revocation
2699+action. An additional fifty dollars ($50) is shall be imposed
2700+if the cancelled, suspended, or revoked certification is not
2701+voluntarily surrendered within 30 days of a cancellation,
2702+suspension, or revocation notice.
2703+(b) Upon receipt of the reinstatement fee, clearance
2704+for recertification will shall be provided. The second and any
2705+subsequent clearance for recertification for this action will
2706+shall be provided for a fee of five dollars ($5).
2707+(c) Upon reinstatement , the holder is required to shall
2708+obtain a duplicate certification with a new photograph and
2709+current personal data.
2710+(d) Fees collected by the director under this section
2711+shall be deposited into the State Treasury to the credit of
2712+the State Water Safety Fund retained by the Department of
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2746-(a) All persons It shall be the duty of the parent or
2747-guardian of any child under eight years of age on board any
2748-vessel or boat of any kind on the waters of this state shall
2749-to require the child to at all times wear a United States
2750-Coast Guard approved wearable personal flotation device of
2751-proper size for the person child, except that no personal
2752-flotation device shall be required for any person child who is
2753-inside of an enclosed cabin or enclosed sleeping space
2754-regardless of whether the vessel is in operation.
2755-(b) Any personal flotation devices required in this
2756-section shall be strapped, snapped, or zippered securely and
2757-maintained in good condition at all times they are required to
2758-be worn.
2759-(c) Any person who fails to require or permits any
2760-person under their legal custody or control to fail to comply
2761-with, violates the requirements of this section , shall be
2762-guilty of a Class B misdemeanor, and upon conviction is
2742+Public Safety and shall not be returned to the applicant for
2743+reinstatement of certification, notwithstanding what action
2744+the Commissioner of Conservation and Natural Resources may
2745+take on the person's application for reinstatement of
2746+certification."
2747+"§33-5-66
2748+(a) Any person of whom a boater safety certification is
2749+required, who operates a motorized vessel on the waters of
2750+this state as the terms are defined in Section 33-5-3, without
2751+first complying with this article , or the rules and
2752+regulations promulgated adopted thereunder , shall be guilty of
2753+a Class B misdemeanor boating violation , and, upon conviction
2754+is punishable as provided in Sections 13A-5-7 and 13A-5-12.
2755+Any person so convicted shall be fined not less than
2756+twenty-five dollars ($25) .
2757+(b) Any person who knowingly gives permission to
2758+operate a motorized vessel on the waters of this state , as the
2759+terms are defined in Section 33-5-3, to another person who is
2760+required to have a boater safety certification pursuant to
2761+this article and who does not have a boater safety
2762+certification in compliance with this article , or to another
2763+person required to be accompanied pursuant to this article and
2764+who is not accompanied in compliance with this article , shall
2765+be guilty of a Class C misdemeanor and, upon conviction, is
27632766 punishable as provided in Sections 13A-5-7 and 13A-5-12. Any
27642767 person so convicted shall be boating violation fined not less
2765-than one hundred dollars ($100) ."
2766-"§33-5-70
2767-(a) It is unlawful to operate a vessel in a reckless
2768-manner upon the waters of this state. A person is guilty of
2769-the reckless operation of a vessel who if the person operates
2770-any vessel, or manipulates any water skis, aquaplane, or other
2771-marine transportation device, upon the waters of this state in
2772-willful or wanton disregard for the safety of persons or
2773-property at a speed , or in a manner likely to endanger, or
2768+than twenty-five dollars ($25) .
2769+(c) Any person who willfully makes a false statement
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2803-likely to endanger, the life, limb, or damage the property of,
2804-or injure any person. Any person who violates this subsection
2805-is shall be guilty of a Class A misdemeanor , punishable upon
2806-conviction as provided in Sections 13A-5-7 and 13A-5-12. Any
2807-person so convicted and shall be fined not less than one
2808-hundred fifty dollars ($150).
2809-(b) Any person operating a vessel upon the waters of
2810-this state shall operate the vessel in a reasonable and
2811-prudent manner, so as not to endanger the life, limb, or
2812-property of any person. The endangerment of life, limb, or
2813-property through the negligence, carelessness, or inattention
2814-of any person operating a vessel on the waters of this state
2815-shall constitute careless operation of a vessel. Vessel wake
2816-and shoreline wash resulting from the reasonable and prudent
2817-operation of a vessel shall, absent negligence, shall not
2818-constitute damage or endangerment to property. Any person who
2819-violates this subsection is shall be guilty of a Class B
2820-misdemeanor, punishable upon conviction as provided in
2799+under oath in an application for or renewal for of a boater
2800+safety certification, shall be guilty of perjury and upon
2801+conviction is punishable shall be punished as provided by law.
2802+(d) Any person who willfully conceals or withholds a
2803+material fact called for in an application for or renewal of a
2804+boater safety certification, with intent to obtain
2805+certification by fraud, shall be guilty of a Class C
2806+misdemeanor and, upon conviction, is punishable as provided in
2807+Sections 13A-5-7 and 13A-5-12. Any person so convicted shall
2808+be boating violation fined not less than twenty-five dollars
2809+($25).
2810+(e) Any person who violates any provision of this
2811+article for which no fixed punishment is prescribed, or who
2812+violates any rule or regulation promulgated as authorized by
2813+adopted pursuant to this article, shall be guilty of a Class C
2814+misdemeanor and, upon conviction, is punishable as provided in
28212815 Sections 13A-5-7 and 13A-5-12. Any person so convicted boating
2822-violation and shall be fined not less than one hundred dollars
2823-($100).
2824-(c) Each person operating a vessel upon the waters of
2825-this state shall comply with all of the rules and regulations
2826-of the Marine Police Division of the Department of
2827-Conservation and Natural Resources of the secretary .
2828-(1) A person whose violation of the rules and
2829-regulations results in a boating accident, but whose violation
2830-did not constitute reckless or careless operation of a vessel,
2816+violation shall be fined not less than twenty-five dollars
2817+($25).
2818+(f) All fines, penalties, or forfeitures imposed and
2819+collected under this article shall be forwarded immediately by
2820+the officer of the court who collects them to the Commissioner
2821+of Conservation and Natural Resources secretary, together with
2822+a report giving a list and description of each case in which a
2823+fine, penalty, or forfeiture was collected. The reports shall
2824+be on forms provided by the commissioner secretary and shall
2825+contain information as the commissioner secretary may require.
2826+All moneys monies received by the commissioner secretary shall
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2860-is shall be guilty of a Class C misdemeanor punishable upon
2861-conviction as provided in Sections 13A-5-7 and 13A-5-12. Any
2862-person so convicted boating violation and shall be fined not
2863-less than one hundred dollars ($100).
2864-(2) A person whose violation of the rules and
2865-regulations does not result in a boating accident and does not
2866-constitute reckless or careless operation of a vessel is shall
2867-be guilty of a Class C misdemeanor, punishable upon conviction
2868-as provided in Sections 13A-5-7 and 13A-5-12. Any person so
2869-convicted boating violation shall be fined not less than fifty
2870-dollars ($50).
2871-(d) In addition to all other penalties contained in
2872-this section, any person convicted of violating this section
2873-shall be subject to the revocation or suspension of their his
2874-or her boating safety certification or vessel operator's
2875-certification or vessel operating privileges upon the waters
2876-of this state, as provided by law and rules and regulations of
2877-the Department of Conservation and Natural Resources adopted
2878-by the secretary ."
2879-"§33-5-71
2880-(a) It shall be unlawful for the operator of a vessel,
2881-when the vessel is operated at or above plane speed, to
2882-position or allow the positioning of, persons or equipment,
2883-including but not limited to, seats, coolers, tackle, ski, and
2884-tubing devices, in a manner that would obstruct the operator's
2885-view to impair, or would otherwise impair , the safe operation
2886-of the vessel while operating on the waters of this state.
2887-Sailboats and auxiliary sailboats are exempt from this
2856+be covered by him immediately upon receipt deposited into the
2857+State Treasury to the credit of the State Water Safety Fund.
2858+Any officer of the court who fails to make the reports
2859+provided for or who fails to remit any fines, penalties, or
2860+forfeitures, as provided by law, and collected under this
2861+article in the manner provided shall be guilty of a Class C
2862+misdemeanor and, upon conviction, shall be fined not more than
2863+one hundred dollars ($100). "
2864+"§33-5-67
2865+Any person whose boater safety certification or vessel
2866+operator's certification issued in this or another state or
2867+whose vessel operating privilege as a nonresident has been
2868+cancelled, suspended, or revoked, as provided in this article,
2869+and who operates any motorized vessel upon the waters of this
2870+state while certification or privilege is cancelled,
2871+suspended, or revoked shall be guilty of a Class C misdemeanor
2872+and, upon conviction, is punishable as provided in Sections
2873+13A-5-7 and 13A-5-12. Any person so convicted shall be boating
2874+violation and fined not less than one hundred dollars ($100).
2875+Also, at the discretion of the Commissioner of Conservation
2876+and Natural Resources secretary, the person's certification or
2877+privilege may be revoked or suspended for an additional
2878+revocation period of six months."
2879+"§33-5-68
2880+(a) Every applicant for an original boater safety
2881+certification shall be required to pay an application fee of
2882+five dollars ($5) to the Department of Public Safety secretary
2883+upon applying to the officer, state trooper, or duly
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2917-section.
2918-(b) Any person violating who violates this section
2919-shall be guilty of a Class B misdemeanor, and upon conviction
2920-shall be punished as provided by Sections 13A-5-7 and
2921-13A-5-12. Any person so convicted boating violation shall be
2922-fined not less than one hundred dollars ($100) ."
2923-"§33-5-72
2924-(a) It shall be unlawful on the waters of this state
2925-for any person to operate, or give permission to another
2926-person to operate, any vessel less than 24 feet in length
2927-having an open construction and having more than 50
2928-horsepower, unless the vessel is equipped with an emergency
2929-engine or motor shut-off switch.
2930-(b) The shut-off switch referred to in subsection (a),
2931-shall be a lanyard-type engine cutoff switch and shall be
2932-attached to the person, clothing, or personal flotation device
2933-of the operator, as is appropriate, and shall be constructed
2934-and installed in a manner so that when in use, any removal of
2935-the operator from the normal operating station will result in
2936-the immediate shut-off of the engine or motor.
2937-(c) For the purpose of this section, "open
2938-construction" means any vessel described herein not having a
2939-permanently affixed top or cabin.
2940-(a) As used in this section, the following terms have
2941-the following meanings:
2942-(1) COVERED RECREATIONAL VESSEL. A recreational vessel
2943-that meets both of the following requirements:
2944-a. Measures less than 26 feet in overall length.
2913+authorized agent of the Director of Public Safety, or to one
2914+of them where there is more than one person designated by the
2915+Director of Public Safety, secretary to conduct examinations
2916+in the county of the applicant's residence. The five dollar
2917+($5) application fee shall be required prior to the issuance
2918+of each certification of examination or exemption from
2919+examination.
2920+(b) The Department of Public Safety secretary shall
2921+issue proper receipts for the application fee. The application
2922+fees are appropriated on a continuous basis to the Department
2923+of Public Safety, ALEA and shall be retained by the department
2924+and utilized for boating safety or law enforcement purposes
2925+and shall not revert to the State General Fund at the end of
2926+each fiscal year."
2927+"§33-5-69
2928+(a) All persons It shall be the duty of the parent or
2929+guardian of any child under eight years of age on board any
2930+vessel or boat of any kind on the waters of this state shall
2931+to require the child to at all times wear a United States
2932+Coast Guard approved wearable personal flotation device of
2933+proper size for the person child, except that no personal
2934+flotation device shall be required for any person child who is
2935+inside of an enclosed cabin or enclosed sleeping space
2936+regardless of whether the vessel is in operation.
2937+(b) Any personal flotation devices required in this
2938+section shall be strapped, snapped, or zippered securely and
2939+maintained in good condition at all times they are required to
2940+be worn.
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2974-b. Is capable of developing 115 pounds or more of
2975-static thrust.
2976-(2) PROPULSION MACHINERY. A self-contained propulsion
2977-system, including, but not limited to, inboard engines,
2978-outboard motors, and sterndrive engines.
2979-(3) STATIC THRUST. The forward or backward thrust
2980-developed by propulsion machinery while stationary.
2981-(b) A manufacturer, distributor, or dealer that
2982-installs propulsion machinery and associated starting controls
2983-on a covered recreational vessel shall equip the vessel with
2984-an engine cut-off switch and an engine cut-off switch link
2985-that meet American Boat and Yacht Council Standard A-33, as in
2986-effect on the date of the enactment of the Frank LoBiondo
2987-Coast Guard Authorization Act of 2018.
2988-(c)(1) An individual operating a covered recreational
2989-vessel shall use an engine cut-off switch link while operating
2990-on plane or above displacement speed.
2991-(2) The requirements of subdivision (1) do not apply
2992-under either of the following conditions:
2993-a. The main helm of the covered recreational vessel is
2994-installed within an enclosed cabin.
2995-b. The covered recreational vessel does not have an
2996-engine cut-off switch and is not required to have one under
2997-subsection (b).
2998-(d) Any person violating who violates this section
2999-shall be guilty of a Class B misdemeanor, and upon conviction
3000-shall be punishable as provided by Sections 13A-5-7 and
3001-13A-5-12. Any person so convicted boating violation shall be
2970+(c) Any person who fails to require or permits any
2971+person under their legal custody or control to fail to comply
2972+with, violates the requirements of this section , shall be
2973+guilty of a Class B misdemeanor, and upon conviction is
2974+punishable as provided in Sections 13A-5-7 and 13A-5-12. Any
2975+person so convicted shall be boating violation fined not less
2976+than one hundred dollars ($100) ."
2977+"§33-5-70
2978+(a) It is unlawful to operate a vessel in a reckless
2979+manner upon the waters of this state. A person is guilty of
2980+the reckless operation of a vessel who if the person operates
2981+any vessel, or manipulates any water skis, aquaplane, or other
2982+marine transportation device, upon the waters of this state in
2983+willful or wanton disregard for the safety of persons or
2984+property at a speed , or in a manner likely to endanger, or
2985+likely to endanger, the life, limb, or damage the property of,
2986+or injure any person. Any person who violates this subsection
2987+is shall be guilty of a Class A misdemeanor , punishable upon
2988+conviction as provided in Sections 13A-5-7 and 13A-5-12. Any
2989+person so convicted and shall be fined not less than one
2990+hundred fifty dollars ($150).
2991+(b) Any person operating a vessel upon the waters of
2992+this state shall operate the vessel in a reasonable and
2993+prudent manner, so as not to endanger the life, limb, or
2994+property of any person. The endangerment of life, limb, or
2995+property through the negligence, carelessness, or inattention
2996+of any person operating a vessel on the waters of this state
2997+shall constitute careless operation of a vessel. Vessel wake
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3031-fined not less than one hundred dollars ($100) ."
3032-"§33-5-73
3033-(a) No person shall under any circumstances may operate
3034-a vessel on the waters of this state in excess of a speed
3035-zone, including a no-wake zone, established by regulation of
3036-the Commissioner of Conservation and Natural Resources the
3037-secretary. The commissioner secretary may promulgate rules and
3038-regulations establishing establish speed zones, including
3039-no-wake zones, in areas on the waters of this state as deemed
3040-hazardous by the commissioner .
3041-(b) A person who violates this section shall be guilty
3042-of a boating violation. "
3043-"§33-5-74
3044-(a) Except in case of emergency, no person shall moor
3045-or fasten a vessel to a lawfully placed aid-to-navigation
3046-marker, sign, or buoy, regulatory marker, sign, or buoy, or
3047-area boundary marker, sign, or buoy, placed or executed by any
3048-governmental agency.
3049-(b) No person shall willfully damage, alter, or move a
3050-lawfully placed aid-to-navigation marker, sign, or buoy,
3051-regulatory marker, sign, or buoy, or area boundary marker,
3052-sign, or buoy.
3053-(c) Any person violating who violates this section
3054-shall be guilty of a Class B misdemeanor, punishable upon
3027+and shoreline wash resulting from the reasonable and prudent
3028+operation of a vessel shall, absent negligence, shall not
3029+constitute damage or endangerment to property. Any person who
3030+violates this subsection is shall be guilty of a Class B
3031+misdemeanor, punishable upon conviction as provided in
3032+Sections 13A-5-7 and 13A-5-12. Any person so convicted boating
3033+violation and shall be fined not less than one hundred dollars
3034+($100).
3035+(c) Each person operating a vessel upon the waters of
3036+this state shall comply with all of the rules and regulations
3037+of the Marine Police Division of the Department of
3038+Conservation and Natural Resources of the secretary .
3039+(1) A person whose violation of the rules and
3040+regulations results in a boating accident, but whose violation
3041+did not constitute reckless or careless operation of a vessel,
3042+is shall be guilty of a Class C misdemeanor punishable upon
30553043 conviction as provided in Sections 13A-5-7 and 13A-5-12. Any
30563044 person so convicted boating violation and shall be fined not
3057-less than one hundred dollars ($100)."
3058-"§33-5-75
3045+less than one hundred dollars ($100).
3046+(2) A person whose violation of the rules and
3047+regulations does not result in a boating accident and does not
3048+constitute reckless or careless operation of a vessel is shall
3049+be guilty of a Class C misdemeanor, punishable upon conviction
3050+as provided in Sections 13A-5-7 and 13A-5-12. Any person so
3051+convicted boating violation shall be fined not less than fifty
3052+dollars ($50).
3053+(d) In addition to all other penalties contained in
3054+this section, any person convicted of violating this section
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3088-(a) The Commissioner of Conservation and Natural
3089-Resources secretary may cancel any boater safety certification
3090-upon determining that the holder of the certification was not
3091-entitled to the issuance or that the holder failed to give the
3092-correct or required information in the application for
3093-certification. Upon cancellation , the holder shall surrender
3094-the his or her canceled certification cancelled and any
3095-duplicate of the certification . A holder who refuses to
3096-surrender the certification and any duplicate shall be guilty
3097-of a Class C misdemeanor, punishable upon conviction as
3098-provided in Sections 13A-5-7 and 13A-5-12.
3099-(b) The privilege of operating a vessel on the waters
3100-of this state, as defined in Section 33-5-3, shall be subject
3101-to suspension or revocation by the commissioner secretary in
3102-like manner and for like cause as a boater safety
3103-certification may be suspended or revoked.
3104-(c) The commissioner may secretary, upon receiving a
3105-record of the conviction in this state of a nonresident
3106-operator of a vessel of any offense, may forward a certified
3107-copy of the record to the boater safety administrator in the
3108-state where the person was convicted is a resident.
3109-(d) When a nonresident's operating privilege or Alabama
3110-boater safety certification is suspended or revoked, the
3111-commissioner secretary may forward a certified copy of the
3112-record of the action to the boater safety administrator in the
3113-state where the person resides.
3114-(e) The commissioner secretary may suspend or revoke
3115-the boater safety certification of any person in this state or
3084+shall be subject to the revocation or suspension of their his
3085+or her boating safety certification or vessel operator's
3086+certification or vessel operating privileges upon the waters
3087+of this state, as provided by law and rules and regulations of
3088+the Department of Conservation and Natural Resources adopted
3089+by the secretary ."
3090+"§33-5-71
3091+(a) It shall be unlawful for the operator of a vessel,
3092+when the vessel is operated at or above plane speed, to
3093+position or allow the positioning of, persons or equipment,
3094+including but not limited to, seats, coolers, tackle, ski, and
3095+tubing devices, in a manner that would obstruct the operator's
3096+view to impair, or would otherwise impair , the safe operation
3097+of the vessel while operating on the waters of this state.
3098+Sailboats and auxiliary sailboats are exempt from this
3099+section.
3100+(b) Any person violating who violates this section
3101+shall be guilty of a Class B misdemeanor, and upon conviction
3102+shall be punished as provided by Sections 13A-5-7 and
3103+13A-5-12. Any person so convicted boating violation shall be
3104+fined not less than one hundred dollars ($100) ."
3105+"§33-5-72
3106+(a) It shall be unlawful on the waters of this state
3107+for any person to operate, or give permission to another
3108+person to operate, any vessel less than 24 feet in length
3109+having an open construction and having more than 50
3110+horsepower, unless the vessel is equipped with an emergency
3111+engine or motor shut-off switch.
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3145-the privilege of any person to operate a vessel on the waters
3146-of this state upon receiving notice of the conviction of the
3147-person in another state of any offense therein which, if
3148-committed in this state, would be grounds for the suspension
3149-or revocation of the boater safety certification or vessel
3150-operating privilege of a vessel operator.
3151-(f) The commissioner secretary may give effect to
3152-conduct of a resident in another state as is provided by the
3153-laws of this state had the conduct occurred in this state.
3154-(g) Whenever When any person is convicted of any
3155-offense for which this article makes mandatory the revocation
3156-of the certification of the person, the court in which the
3157-conviction is had shall require the surrender of the
3158-certification documents and duplicates of any boater safety
3159-certification then held by the person convicted and the court
3160-shall thereupon forward the proof of certification surrendered
3161-together with a record of the conviction to the commissioner
3162-secretary.
3163-(h) Every court with jurisdiction over offenses
3164-committed under this article, or any other law of this state,
3165-or municipal ordinance adopted by a local authority,
3166-regulating the operation of vessels on the waters, shall
3167-forward to the commissioner, within Within10 15 days of a
3168-record of the conviction of any person in the court for a
3169-violation of any laws law for which the person is subject to
3170-boater safety certification or vessel operating privilege
3171-suspension or revocation, the court shall forward a record of
3172-the conviction to the secretary and the court may recommend
3141+(b) The shut-off switch referred to in subsection (a),
3142+shall be a lanyard-type engine cutoff switch and shall be
3143+attached to the person, clothing, or personal flotation device
3144+of the operator, as is appropriate, and shall be constructed
3145+and installed in a manner so that when in use, any removal of
3146+the operator from the normal operating station will result in
3147+the immediate shut-off of the engine or motor.
3148+(c) For the purpose of this section, "open
3149+construction" means any vessel described herein not having a
3150+permanently affixed top or cabin.
3151+(a) As used in this section, the following terms have
3152+the following meanings:
3153+(1) COVERED RECREATIONAL VESSEL. A recreational vessel
3154+that meets both of the following requirements:
3155+a. Measures less than 26 feet in overall length.
3156+b. Is capable of developing 115 pounds or more of
3157+static thrust.
3158+(2) PROPULSION MACHINERY. A self-contained propulsion
3159+system, including, but not limited to, inboard engines,
3160+outboard motors, and sterndrive engines.
3161+(3) STATIC THRUST. The forward or backward thrust
3162+developed by propulsion machinery while stationary.
3163+(b) A manufacturer, distributor, or dealer that
3164+installs propulsion machinery and associated starting controls
3165+on a covered recreational vessel shall equip the vessel with
3166+an engine cut-off switch and an engine cut-off switch link
3167+that meet American Boat and Yacht Council Standard A-33, as in
3168+effect on the date of the enactment of the Frank LoBiondo
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3202-the suspension of the certification or vessel operating
3203-privilege of the person so convicted.
3204-(i) For the purposes of this section, the term
3205-"conviction" shall mean a final conviction. Also, for the
3206-purposes of this section, an unvacated forfeiture of bail or
3207-collateral deposited to secure a defendant's appearance in
3208-court, a plea of nolo contendere accepted by the court, the
3209-payment of a fine, a plea of guilty , or a finding of guilt of
3210-a boating or vessel operation violation charge , shall be
3211-equivalent to a conviction regardless of whether the penalty
3212-is rebated, suspended, or probated.
3213-(j) The commissioner secretary shall forthwith revoke
3214-the certification or vessel operating privilege of any person
3215-upon receiving a record of the person's conviction of any of
3216-the following offenses:
3217-(1) Manslaughter or homicide by vehicle or vessel
3218-resulting from the operation of a vessel.
3219-(2) Any violation of Section 32-5A-191.3 which requires
3220-revocation.
3221-(3) Any offense of any law or regulation rule for which
3222-mandatory revocation is required upon conviction.
3223-(4) Any felony in the commission of which a vessel is
3224-used.
3225-(5) Failure to stop, render aid, or identify the person
3226-as required under the laws of this state in the event of a
3227-boating accident resulting in the death or personal injury of
3228-another.
3229-(6) Perjury or the making of a false affidavit or
3198+Coast Guard Authorization Act of 2018.
3199+(c)(1) An individual operating a covered recreational
3200+vessel shall use an engine cut-off switch link while operating
3201+on plane or above displacement speed.
3202+(2) The requirements of subdivision (1) do not apply
3203+under either of the following conditions:
3204+a. The main helm of the covered recreational vessel is
3205+installed within an enclosed cabin.
3206+b. The covered recreational vessel does not have an
3207+engine cut-off switch and is not required to have one under
3208+subsection (b).
3209+(d) Any person violating who violates this section
3210+shall be guilty of a Class B misdemeanor, and upon conviction
3211+shall be punishable as provided by Sections 13A-5-7 and
3212+13A-5-12. Any person so convicted boating violation shall be
3213+fined not less than one hundred dollars ($100) ."
3214+"§33-5-73
3215+(a) No person shall under any circumstances may operate
3216+a vessel on the waters of this state in excess of a speed
3217+zone, including a no-wake zone, established by regulation of
3218+the Commissioner of Conservation and Natural Resources the
3219+secretary. The commissioner secretary may promulgate rules and
3220+regulations establishing establish speed zones, including
3221+no-wake zones, in areas on the waters of this state as deemed
3222+hazardous by the commissioner .
3223+(b) A person who violates this section shall be guilty
3224+of a boating violation. "
3225+"§33-5-74
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3259-statement under oath to the Director of Public Safety or
3260-Commissioner of Conservation and Natural Resources secretary
3261-under this article or under any other law or regulation rule
3262-relating to the ownership or operation of vessels.
3263-(7) Conviction upon three charges of reckless or
3264-careless operation of a vessel committed within a period of 12
3265-months.
3266-(8) Unauthorized use of a vessel belonging to another ,
3267-which act use does not amount to a felony.
3268-(k) The Commissioner of Conservation and Natural
3269-Resources secretary may suspend the certification or operating
3270-privilege of a vessel operator person without preliminary
3271-hearing upon a showing by its records or other sufficient
3272-evidence that the operator person did any of the following:
3273-(1) Has committed an offense for which mandatory
3274-revocation is required upon conviction.
3275-(2) Has been convicted of any offense under Section
3276-32-5A-191.3 which provides for suspension.
3277-(3) Has been convicted of any offense of any law or
3278-regulation rule which provides for suspension.
3279-(4) Has been convicted with frequency of serious
3280-offenses against boating or vessel operation laws or
3281-regulations rules governing the movement of vessels as to
3282-indicate indicating a disrespect for boating or vessel
3283-operation laws and a disregard for the safety of other persons
3284-on the waters of this state.
3285-(5) Is an habitually reckless, careless, or negligent
3286-operator of a vessel, established by a record of accidents, or
3255+(a) Except in case of emergency, no person shall moor
3256+or fasten a vessel to a lawfully placed aid-to-navigation
3257+marker, sign, or buoy, regulatory marker, sign, or buoy, or
3258+area boundary marker, sign, or buoy, placed or executed by any
3259+governmental agency.
3260+(b) No person shall willfully damage, alter, or move a
3261+lawfully placed aid-to-navigation marker, sign, or buoy,
3262+regulatory marker, sign, or buoy, or area boundary marker,
3263+sign, or buoy.
3264+(c) Any person violating who violates this section
3265+shall be guilty of a Class B misdemeanor, punishable upon
3266+conviction as provided in Sections 13A-5-7 and 13A-5-12. Any
3267+person so convicted boating violation and shall be fined not
3268+less than one hundred dollars ($100)."
3269+"§33-5-75
3270+(a) The Commissioner of Conservation and Natural
3271+Resources secretary may cancel any boater safety certification
3272+upon determining that the holder of the certification was not
3273+entitled to the issuance or that the holder failed to give the
3274+correct or required information in the application for
3275+certification. Upon cancellation , the holder shall surrender
3276+the his or her canceled certification cancelled and any
3277+duplicate of the certification . A holder who refuses to
3278+surrender the certification and any duplicate shall be guilty
3279+of a Class C misdemeanor, punishable upon conviction as
3280+provided in Sections 13A-5-7 and 13A-5-12.
3281+(b) The privilege of operating a vessel on the waters
3282+of this state, as defined in Section 33-5-3, shall be subject
32873283 1597
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3316-by other evidence.
3317-(6) Is incompetent to operate a vessel.
3318-(7) Has permitted an unlawful or fraudulent use of
3319-certification.
3320-(8) Has committed an offense in another state which if
3321-committed in this state would be grounds for suspension or
3322-revocation.
3323-(9) Has been convicted of fleeing or attempting to
3324-elude a marine police officer any law enforcement officer .
3325-(10) Has violated a restricted boater safety
3326-certification pursuant to Section 33-5-61.
3327-(l) Upon suspending the certification or operating
3328-privilege of any person, the Commissioner of Conservation and
3329-Natural Resources secretary shall immediately notify the
3330-person in writing and upon request shall afford the person an
3331-opportunity for a hearing as early as practicable, not to
3332-exceed 30 days after receipt of the request, in the county
3333-where the person resides or in Montgomery County in the case
3334-of a nonresident, unless the Commissioner of Conservation and
3335-Natural Resources secretary and the person agree that the
3336-hearing may be held in some other county. The hearing shall be
3337-before the Commissioner of Conservation and Natural Resources
3338-secretary or a duly authorized agent. At the hearing , the
3339-Commissioner of Conservation and Natural Resources, secretary
3340-or duly authorized agent , may administer oaths , and may issue
3341-subpoenas for the attendance of witnesses and the production
3342-of relevant books and papers, and may require a reexamination
3343-of the person. At the hearing, the Commissioner of
3312+to suspension or revocation by the commissioner secretary in
3313+like manner and for like cause as a boater safety
3314+certification may be suspended or revoked.
3315+(c) The commissioner may secretary, upon receiving a
3316+record of the conviction in this state of a nonresident
3317+operator of a vessel of any offense, may forward a certified
3318+copy of the record to the boater safety administrator in the
3319+state where the person was convicted is a resident.
3320+(d) When a nonresident's operating privilege or Alabama
3321+boater safety certification is suspended or revoked, the
3322+commissioner secretary may forward a certified copy of the
3323+record of the action to the boater safety administrator in the
3324+state where the person resides.
3325+(e) The commissioner secretary may suspend or revoke
3326+the boater safety certification of any person in this state or
3327+the privilege of any person to operate a vessel on the waters
3328+of this state upon receiving notice of the conviction of the
3329+person in another state of any offense therein which, if
3330+committed in this state, would be grounds for the suspension
3331+or revocation of the boater safety certification or vessel
3332+operating privilege of a vessel operator.
3333+(f) The commissioner secretary may give effect to
3334+conduct of a resident in another state as is provided by the
3335+laws of this state had the conduct occurred in this state.
3336+(g) Whenever When any person is convicted of any
3337+offense for which this article makes mandatory the revocation
3338+of the certification of the person, the court in which the
3339+conviction is had shall require the surrender of the
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3373-Conservation and Natural Resources, secretary or duly
3374-authorized agent , shall either rescind its order of suspension
3375-or, upon good cause shown, may continue, modify, or extend the
3376-suspension or revoke the certification or operating privilege
3377-of the person. If the certification or operating privilege has
3378-been suspended as a result of the person's operation while
3379-under the influence of alcohol, the commissioner secretary or
3380-duly authorized agent conducting the hearing shall take into
3381-account shall consider, among other relevant factors, the
3382-person's successful completion of any duly established
3383-waterway intoxication seminar, "DUI counterattack course," or
3384-similar educational program designed for problem drinking
3385-operators. If the hearing is conducted by a duly authorized
3386-agent instead of by the Commissioner of Conservation and
3387-Natural Resources secretary, the action of the agent shall
3388-first be approved by the Commissioner of Conservation and
3389-Natural Resources secretary prior to implementation.
3390-(m) At the end of the period of suspension, a
3391-certification surrendered to the Commissioner of Conservation
3392-and Natural Resources under subsection (n) shall be returned
3393-to the person.
3394-(n)(m) The Commissioner of Conservation and Natural
3395-Resources secretary, upon cancelling, suspending, or revoking
3396-a certification, shall require that proof of certification and
3397-any duplicates be surrendered to and be retained by the
3398-Commissioner of Conservation and Natural Resources ALEA. Any
3399-person whose certification has been cancelled, suspended, or
3400-revoked shall immediately return the certification and any
3369+certification documents and duplicates of any boater safety
3370+certification then held by the person convicted and the court
3371+shall thereupon forward the proof of certification surrendered
3372+together with a record of the conviction to the commissioner
3373+secretary.
3374+(h) Every court with jurisdiction over offenses
3375+committed under this article, or any other law of this state,
3376+or municipal ordinance adopted by a local authority,
3377+regulating the operation of vessels on the waters, shall
3378+forward to the commissioner, within Within 10 days of a record
3379+of the conviction of any person in the court for a violation
3380+of any laws law for which the person is subject to boater
3381+safety certification or vessel operating privilege suspension
3382+or revocation, the court shall forward a record of the
3383+conviction to the secretary and the court may recommend the
3384+suspension of the certification or vessel operating privilege
3385+of the person so convicted.
3386+(i) For the purposes of this section, the term
3387+"conviction" shall mean a final conviction. Also, for the
3388+purposes of this section, an unvacated forfeiture of bail or
3389+collateral deposited to secure a defendant's appearance in
3390+court, a plea of nolo contendere accepted by the court, the
3391+payment of a fine, a plea of guilty , or a finding of guilt of
3392+a boating or vessel operation violation charge , shall be
3393+equivalent to a conviction regardless of whether the penalty
3394+is rebated, suspended, or probated.
3395+(j) The commissioner secretary shall forthwith revoke
3396+the certification or vessel operating privilege of any person
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3430-duplicates to the Commissioner of Conservation and Natural
3431-Resources ALEA. If the person refuses to surrender the
3432-certification, the person shall be guilty of a Class C
3433-misdemeanor punishable as provided by law .
3434-(o)(n) Any resident or nonresident whose certification
3435-or privilege to operate a vessel in this state has been
3436-suspended or revoked, as provided in this section, shall may
3437-not operate a vessel in this state under a certification , or
3438-other approved valid document issued by any other jurisdiction
3439-or otherwise during the suspension or after revocation until a
3440-new Alabama certification or privilege is obtained as
3441-permitted under this article.
3442-(p)(o) Any person denied a certification or whose
3443-certification or operating privilege has been cancelled,
3444-suspended, or revoked by the Commissioner of Conservation and
3445-Natural Resources secretary, except where cancellation,
3446-suspension, or revocation is mandatory under this article,
3447-shall have the right to may file a petition within 30 days for
3448-a hearing in the matter in the circuit court in the county
3449-wherein the person resides, or , in the case of cancellation,
3450-suspension, or revocation of a nonresident's certification or
3451-operating privilege , in the county in which the main office of
3452-the Commissioner of Conservation and Natural
3453-Resourcessecretary is located, and the. The circuit court is
3454-vested with shall have jurisdiction for hearing the petitions
3455-for certification or operating privilege. The circuit court
3456-shall set the matter for hearing upon 30 days' written notice
3457-to the Commissioner of Conservation and Natural Resources
3426+upon receiving a record of the person's conviction of any of
3427+the following offenses:
3428+(1) Manslaughter or homicide by vehicle or vessel
3429+resulting from the operation of a vessel.
3430+(2) Any violation of Section 32-5A-191.3 which requires
3431+revocation.
3432+(3) Any offense of any law or regulation rule for which
3433+mandatory revocation is required upon conviction.
3434+(4) Any felony in the commission of which a vessel is
3435+used.
3436+(5) Failure to stop, render aid, or identify the person
3437+as required under the laws of this state in the event of a
3438+boating accident resulting in the death or personal injury of
3439+another.
3440+(6) Perjury or the making of a false affidavit or
3441+statement under oath to the Director of Public Safety or
3442+Commissioner of Conservation and Natural Resources secretary
3443+under this article or under any other law or regulation rule
3444+relating to the ownership or operation of vessels.
3445+(7) Conviction upon three charges of reckless or
3446+careless operation of a vessel committed within a period of 12
3447+months.
3448+(8) Unauthorized use of a vessel belonging to another ,
3449+which act use does not amount to a felony.
3450+(k) The Commissioner of Conservation and Natural
3451+Resources secretary may suspend the certification or operating
3452+privilege of a vessel operator person without preliminary
3453+hearing upon a showing by its records or other sufficient
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3487-secretary and shall take testimony, examine the facts of the
3488-case, and determine whether the petitioner is entitled to a
3489-certification or operating privilege under this section or is
3490-subject to suspension, cancellation, or revocation."
3491-"§33-5-77
3492-(a) It shall be unlawful in this state for any person
3493-to violate the federal laws or rules regulating the horsepower
3494-of the engines of the vessels operating on the waters of this
3495-state to operate a vessel powered beyond the manufacturer's
3496-capacity plate.
3497-(b) Any person violating this section shall be guilty
3498-of a Class C misdemeanor that is punishable, upon conviction,
3499-as provided by Sections 13A-5-7 and 13A-5-12. Any person so
3500-convicted shall be fined not less than one hundred dollars
3501-($100) boating violation .
3502-(c) The effective date of only this section shall be
3503-five years from April 28, 1994. "
3504-"§33-5-79
3505-The Commissioner of Conservation and Natural Resources
3506-secretary may implement adopt and enforce reasonable and
3507-necessary rules and regulations to administer and enforce this
3508-article chapter."
3509-"§33-5-81
3510-The State Department of Education shall require a
3511-segment of the approved driver education curricula to include
3512-boating safety in Alabama , beginning with the 1994-95 school
3513-year. The boating safety curricula shall be approved in
3514-writing by the Commissioner of Conservation and Natural
3483+evidence that the operator person did any of the following:
3484+(1) Has committed an offense for which mandatory
3485+revocation is required upon conviction.
3486+(2) Has been convicted of any offense under Section
3487+32-5A-191.3 which provides for suspension.
3488+(3) Has been convicted of any offense of any law or
3489+regulation rule which provides for suspension.
3490+(4) Has been convicted with frequency of serious
3491+offenses against boating or vessel operation laws or
3492+regulations rules governing the movement of vessels as to
3493+indicate indicating a disrespect for boating or vessel
3494+operation laws and a disregard for the safety of other persons
3495+on the waters of this state.
3496+(5) Is an habitually reckless, careless, or negligent
3497+operator of a vessel, established by a record of accidents, or
3498+by other evidence.
3499+(6) Is incompetent to operate a vessel.
3500+(7) Has permitted an unlawful or fraudulent use of
3501+certification.
3502+(8) Has committed an offense in another state which if
3503+committed in this state would be grounds for suspension or
3504+revocation.
3505+(9) Has been convicted of fleeing or attempting to
3506+elude a marine police officer any law enforcement officer .
3507+(10) Has violated a restricted boater safety
3508+certification pursuant to Section 33-5-61.
3509+(l) Upon suspending the certification or operating
3510+privilege of any person, the Commissioner of Conservation and
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3544-Resources secretary and the State Superintendent of
3545-Education."
3546-Section 2. (a) For purposes of this section, an
3547-electronic boating traffic ticket, or "e-ticket," is defined
3548-as a ticket that is generated and printed at the site of an
3549-offense committed on the waters of this state, as defined
3550-under Section 33-5-3, Code of Alabama 1975, after the
3551-violation has been electronically transmitted to the court.
3552-(b) When any person is arrested for an offense
3553-committed on the waters of this state, the arresting officer,
3554-unless otherwise provided in this section, shall take the name
3555-and address of the person and registration information of his
3556-or her vessel and issue a summons or otherwise notify the
3557-person in writing or by an e-ticket to appear at a time and
3558-place to be specified in the summons, notice, or e-ticket.
3559- (c) An arresting officer shall transfer the arrest and
3560-licensing information of a violator electronically to the
3561-court. The court shall electronically record the arrest and
3562-issue a complaint and summons or notice to appear, which shall
3563-be printed at the site of the offense and given to the
3564-violator.
3565-(d) The person arrested, if he or she so desires, shall
3566-have a right to an immediate hearing or a hearing within 24
3567-hours at a convenient hour before a magistrate within the
3568-county or city where the offense was committed, or if an
3569-e-ticket is written, the person shall have a right, if he or
3570-she desires, to an immediate hearing or a hearing within 24
3571-hours at a convenient hour before any magistrate within this
3540+Natural Resources secretary shall immediately notify the
3541+person in writing and upon request shall afford the person an
3542+opportunity for a hearing as early as practicable, not to
3543+exceed 30 days after receipt of the request, in the county
3544+where the person resides or in Montgomery County in the case
3545+of a nonresident, unless the Commissioner of Conservation and
3546+Natural Resources secretary and the person agree that the
3547+hearing may be held in some other county. The hearing shall be
3548+before the Commissioner of Conservation and Natural Resources
3549+secretary or a duly authorized agent. At the hearing , the
3550+Commissioner of Conservation and Natural Resources, secretary
3551+or duly authorized agent , may administer oaths , and may issue
3552+subpoenas for the attendance of witnesses and the production
3553+of relevant books and papers, and may require a reexamination
3554+of the person. At the hearing, the Commissioner of
3555+Conservation and Natural Resources, secretary or duly
3556+authorized agent , shall either rescind its order of suspension
3557+or, upon good cause shown, may continue, modify, or extend the
3558+suspension or revoke the certification or operating privilege
3559+of the person. If the certification or operating privilege has
3560+been suspended as a result of the person's operation while
3561+under the influence of alcohol, the commissioner secretary or
3562+duly authorized agent conducting the hearing shall take into
3563+account shall consider, among other relevant factors, the
3564+person's successful completion of any duly established
3565+waterway intoxication seminar, "DUI counterattack course," or
3566+similar educational program designed for problem drinking
3567+operators. If the hearing is conducted by a duly authorized
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3601-state.
3602-(e)(1) Except when an arresting officer cites a person
3603-with an e-ticket, the officer, upon the giving by the person
3604-of the required bond to appear at a certain time and place,
3605-shall release the person from custody.
3606-(2) Except when an arresting officer cites a person
3607-with an e-ticket, a person refusing to give bond to appear
3608-shall be taken immediately by the arresting officer before the
3609-nearest or most accessible magistrate.
3610-(3) When an e-ticket is used by an arresting officer, a
3611-person shall be deemed to have given his or her written bond
3612-to appear in court on the date as specified on the e-ticket.
3613-(f) Any person who willfully violates his or her
3614-written bond by failing to timely appear shall be guilty of a
3615-Class C misdemeanor regardless of the disposition of the
3616-charge upon which he or she was originally arrested.
3617-(g) This section does not apply to any of the following
3618-persons:
3619-(1) A person arrested and charged with an offense
3620-causing or contributing to an accident resulting in injury or
3621-death to any person.
3622-(2) A person charged with operating a vessel in
3623-violation of Section 32-5A-191.3, Code of Alabama 1975.
3624-(3) A person whom the arresting officer has good cause
3625-to believe has committed any felony.
3626-(h) When a person is arrested or charged with an
3627-offense described in subsection (g), the arresting officer
3628-shall take the person before the nearest or most accessible
3597+agent instead of by the Commissioner of Conservation and
3598+Natural Resources secretary, the action of the agent shall
3599+first be approved by the Commissioner of Conservation and
3600+Natural Resources secretary prior to implementation.
3601+(m) At the end of the period of suspension, a
3602+certification surrendered to the Commissioner of Conservation
3603+and Natural Resources under subsection (n) shall be returned
3604+to the person.
3605+(n)(m) The Commissioner of Conservation and Natural
3606+Resources secretary, upon cancelling, suspending, or revoking
3607+a certification, shall require that proof of certification and
3608+any duplicates be surrendered to and be retained by the
3609+Commissioner of Conservation and Natural Resources ALEA. Any
3610+person whose certification has been cancelled, suspended, or
3611+revoked shall immediately return the certification and any
3612+duplicates to the Commissioner of Conservation and Natural
3613+Resources ALEA. If the person refuses to surrender the
3614+certification, the person shall be guilty of a Class C
3615+misdemeanor punishable as provided by law .
3616+(o)(n) Any resident or nonresident whose certification
3617+or privilege to operate a vessel in this state has been
3618+suspended or revoked, as provided in this section, shall may
3619+not operate a vessel in this state under a certification , or
3620+other approved valid document issued by any other jurisdiction
3621+or otherwise during the suspension or after revocation until a
3622+new Alabama certification or privilege is obtained as
3623+permitted under this article.
3624+(p)(o) Any person denied a certification or whose
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3658-magistrate.
3659-Section 3. Sections 12-12-50, 12-12-51, 12-12-52,
3660-12-12-55, and 12-19-179, Code of Alabama 1975, are amended to
3661-read as follows:
3662-"§12-12-50
3663-As used in this article, the following terms have the
3664-following meanings:
3665-(1) BOATING VIOLATION. As defined in Section 33-5-3.
3666-A "traffic infraction" is any (2) TRAFFIC INFRACTION.
3667-Any violation of a statute, ordinance , or rule relating to the
3668-operation or use of motor or other vehicles or the use of
3669-streets and highways by pedestrians."
3670-"§12-12-51
3671-The district court shall have exclusive original
3672-jurisdiction of misdemeanor prosecutions for traffic
3673-infractions and all boating violations , except ordinance
3674-infractions prosecuted in municipal courts."
3675-"§12-12-52
3676-Pursuant to the provisions of Section 12-17-251,
3677-magistrates may receive pleas of guilty in traffic infraction
3678-and boating violation prosecutions, but may not receive pleas
3679-in matters involving any of the following :
3680-(1) Violations resulting in personal injury ;.
3681-(2) Operation of a motor vehicle or vessel while
3682-intoxicated;.
3683-(3) Reckless driving or reckless operation of a
3684-vessel;.
3685-(4) Felonies or indictable offenses ;.
3654+certification or operating privilege has been cancelled,
3655+suspended, or revoked by the Commissioner of Conservation and
3656+Natural Resources secretary, except where cancellation,
3657+suspension, or revocation is mandatory under this article,
3658+shall have the right to may file a petition within 30 days for
3659+a hearing in the matter in the circuit court in the county
3660+wherein the person resides, or , in the case of cancellation,
3661+suspension, or revocation of a nonresident's certification or
3662+operating privilege , in the county in which the main office of
3663+the Commissioner of Conservation and Natural
3664+Resourcessecretary is located, and the. The circuit court is
3665+vested with shall have jurisdiction for hearing the petitions
3666+for certification or operating privilege. The circuit court
3667+shall set the matter for hearing upon 30 days' written notice
3668+to the Commissioner of Conservation and Natural Resources
3669+secretary and shall take testimony, examine the facts of the
3670+case, and determine whether the petitioner is entitled to a
3671+certification or operating privilege under this section or is
3672+subject to suspension, cancellation, or revocation."
3673+"§33-5-77
3674+(a) It shall be unlawful in this state for any person
3675+to violate the federal laws or rules regulating the horsepower
3676+of the engines of the vessels operating on the waters of this
3677+state to operate a vessel powered beyond the manufacturer's
3678+capacity plate.
3679+(b) Any person violating this section shall be guilty
3680+of a Class C misdemeanor that is punishable, upon conviction,
3681+as provided by Sections 13A-5-7 and 13A-5-12. Any person so
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3715-(5) Operation of a motor vehicles vehicle or vessel
3716-without an operator's license or boater safety certification,
3717-as applicable, or while the license or certification is
3718-suspended or revoked ; or.
3719-(6) A defendant convicted of two or more previous
3720-traffic offenses or boating violations in the preceding 12
3721-months."
3722-"§12-12-55
3723-(a) Schedules of fines to be imposed for traffic
3724-infractions and boating violations shall be established by law
3725-or rule.
3726-(b) The manner in which fines and costs shall be paid
3727-to and accounted for by personnel assigned to accept payment
3728-shall be provided by administrative rule."
3729-"§12-19-179
3730-(a) The following distribution shall be made of docket
3731-fees for traffic infractions and boating violations in
3732-district court:
3733-(1) Three dollars ($3) to the Police Officers' Annuity
3734-Fund.
3735-(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.
3736-(3) Eight dollars fifty cents ($8.50) to the State
3737-Drivers' Fund.
3738-(4) Forty-nine dollars ($49) to the State General Fund ;
3739-provided, that in boating violation cases initiated by a
3740-county law enforcement officer, twenty-four dollars and fifty
3741-cents ($24.50) shall be paid into the State General Fund and
3742-twenty-four dollars and fifty cents ($24.50) shall be paid
3711+convicted shall be fined not less than one hundred dollars
3712+($100) boating violation .
3713+(c) The effective date of only this section shall be
3714+five years from April 28, 1994. "
3715+"§33-5-79
3716+The Commissioner of Conservation and Natural Resources
3717+secretary may implement adopt and enforce reasonable and
3718+necessary rules and regulations to administer and enforce this
3719+article chapter."
3720+"§33-5-81
3721+The State Department of Education shall require a
3722+segment of the approved driver education curricula to include
3723+boating safety in Alabama , beginning with the 1994-95 school
3724+year. The boating safety curricula shall be approved in
3725+writing by the Commissioner of Conservation and Natural
3726+Resources secretary and the State Superintendent of
3727+Education."
3728+Section 2. (a) For purposes of this section, an
3729+electronic boating traffic ticket, or "e-ticket," is defined
3730+as a ticket that is generated and printed at the site of an
3731+offense committed on the waters of this state, as defined
3732+under Section 33-5-3, Code of Alabama 1975, after the
3733+violation has been electronically transmitted to the court.
3734+(b) When any person is arrested for an offense
3735+committed on the waters of this state, the arresting officer,
3736+unless otherwise provided in this section, shall take the name
3737+and address of the person and registration information of his
3738+or her vessel and issue a summons or otherwise notify the
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3772-into the county general fund .
3773-(5) Three dollars ($3) to the county general fund.
3774-(6) An arrest fee of five dollars ($5) to the State
3775-General Fund or the state funds prescribed by law; except,
3776-that the arrest fee shall be paid into the county general fund
3777-in cases initiated by county law enforcement officers.
3778-(7) Two dollars fifty cents ($2.50) to the District
3779-Attorney Fund or to the fund prescribed by law for district
3780-attorney fees.
3781-(8) Five dollars ($5) to the Advanced Technology and
3782-Data Exchange Fund.
3783-(b) The additional five dollars ($5) assessed and
3784-collected in traffic cases in district court, effective
3785-October 1, 2000, shall be distributed to the Fair Trial Tax
3786-Fund.
3787-(c) Fees for issuance of alias writs from circuit and
3788-district courts shall be distributed as follows:
3789-(1) Writs issuing from district court:
3790-a. Two dollars ($2) to the county general fund.
3791-b. Eighteen dollars ($18) to the State General Fund.
3792-(2) Writs issuing from circuit court:
3793-a. Five dollars ($5) to the county general fund.
3794-b. Twenty-five dollars ($25) to the State General
3795-Fund."
3796-Section 4. Section 41-27-6, Code of Alabama 1975, is
3797-amended to read as follows:
3798-"§41-27-6
3799-(a)(1) The Director of the Department of Public Safety
3768+person in writing or by an e-ticket to appear at a time and
3769+place to be specified in the summons, notice, or e-ticket.
3770+ (c) An arresting officer shall transfer the arrest and
3771+licensing information of a violator electronically to the
3772+court. The court shall electronically record the arrest and
3773+issue a complaint and summons or notice to appear, which shall
3774+be printed at the site of the offense and given to the
3775+violator.
3776+(d) The person arrested, if he or she so desires, shall
3777+have a right to an immediate hearing or a hearing within 24
3778+hours at a convenient hour before a magistrate within the
3779+county or city where the offense was committed, or if an
3780+e-ticket is written, the person shall have a right, if he or
3781+she desires, to an immediate hearing or a hearing within 24
3782+hours at a convenient hour before any magistrate within this
3783+state.
3784+(e)(1) Except when an arresting officer cites a person
3785+with an e-ticket, the officer, upon the giving by the person
3786+of the required bond to appear at a certain time and place,
3787+shall release the person from custody.
3788+(2) Except when an arresting officer cites a person
3789+with an e-ticket, a person refusing to give bond to appear
3790+shall be taken immediately by the arresting officer before the
3791+nearest or most accessible magistrate.
3792+(3) When an e-ticket is used by an arresting officer, a
3793+person shall be deemed to have given his or her written bond
3794+to appear in court on the date as specified on the e-ticket.
3795+(f) Any person who willfully violates his or her
38003796 1849
38013797 1850
38023798 1851
38033799 1852
38043800 1853
38053801 1854
38063802 1855
38073803 1856
38083804 1857
38093805 1858
38103806 1859
38113807 1860
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38133809 1862
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38213817 1870
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3823+1876 HB358 INTRODUCEDHB358 INTRODUCED
38283824 Page 68
3829-shall be appointed by the Secretary of the Alabama State Law
3830-Enforcement Agency, after consultation with the Governor, and
3831-shall hold office at the pleasure of the secretary. The
3832-director shall be appointed from a legacy agency as defined in
3833-Section 41-27-7. The salary of the director shall be set by
3834-the secretary, and shall not be subject to Section 36-6-6. A
3835-person appointed director shall have an extensive law
3836-enforcement background and, by virtue of office, is a state
3837-law enforcement officer with the immunity set forth in Section
3838-6-5-338.
3839-(2) The director shall have overall supervision and
3840-management of functions transferred to the department pursuant
3841-to this section, subject to the approval of the secretary,
3842-including the power to change the working title of any
3843-position or to reorganize or rename any of the divisions,
3844-units, or functions specified in this section. Any change of
3845-working title shall not alter the classification or
3846-compensation of any person in the state Merit System.
3847-(3) All functions performed by the department on
3848-October 1, 2014, shall remain under the Department of Public
3849-Safety unless reorganized by the secretary or otherwise
3850-transferred pursuant to this chapter.
3851-(b)(1) The Highway Patrol Division of the Department of
3852-Public Safety succeeds to and is vested with all law
3853-enforcement functions of the following enforcement units, and
3854-a reference in any law to these enforcement units shall be
3855-deemed a reference to the Highway Patrol Division of the
3856-Department of Public Safety:
3825+written bond by failing to timely appear shall be guilty of a
3826+Class C misdemeanor regardless of the disposition of the
3827+charge upon which he or she was originally arrested.
3828+(g) This section does not apply to any of the following
3829+persons:
3830+(1) A person arrested and charged with an offense
3831+causing or contributing to an accident resulting in injury or
3832+death to any person.
3833+(2) A person charged with operating a vessel in
3834+violation of Section 32-5A-191.3, Code of Alabama 1975.
3835+(3) A person whom the arresting officer has good cause
3836+to believe has committed any felony.
3837+(h) When a person is arrested or charged with an
3838+offense described in subsection (g), the arresting officer
3839+shall take the person before the nearest or most accessible
3840+magistrate.
3841+Section 3. Sections 12-12-50, 12-12-51, 12-12-52,
3842+12-12-55, and 12-19-179, Code of Alabama 1975, are amended to
3843+read as follows:
3844+"§12-12-50
3845+As used in this article, the following terms have the
3846+following meanings:
3847+(1) BOATING VIOLATION. As defined in Section 33-5-3.
3848+A "traffic infraction" is any (2) TRAFFIC INFRACTION.
3849+Any violation of a statute, ordinance , or rule relating to the
3850+operation or use of motor or other vehicles or the use of
3851+streets and highways by pedestrians."
3852+"§12-12-51
38573853 1877
38583854 1878
38593855 1879
38603856 1880
38613857 1881
38623858 1882
38633859 1883
38643860 1884
38653861 1885
38663862 1886
38673863 1887
38683864 1888
38693865 1889
38703866 1890
38713867 1891
38723868 1892
38733869 1893
38743870 1894
38753871 1895
38763872 1896
38773873 1897
38783874 1898
38793875 1899
38803876 1900
38813877 1901
38823878 1902
38833879 1903
3884-1904 HB358 EnrolledHB358 Enrolled
3880+1904 HB358 INTRODUCEDHB358 INTRODUCED
38853881 Page 69
3886-a. The law enforcement unit of the Public Service
3887-Commission.
3888-b. The revenue enforcement officers of the Department
3889-of Revenue.
3890-(2) The director shall appoint a chief of the division.
3891-(c)(1) The Marine Police Patrol Division is hereby
3892-created within the Department of Public Safety. The director
3893-shall appoint a chief of the division.
3894-(2) The Marine Police Patrol Division of the Department
3895-of Public Safety succeeds to and is vested with all functions
3896-of the Marine Police Division of the Department of
3897-Conservation and Natural Resources. A reference in any law to
3898-the Marine Police Division of the Department of Conservation
3899-and Natural Resources shall be deemed a reference to the
3900-Marine Police Patrol Division of the Department of Public
3901-Safety."
3902-Section 5. It is the intent of the Legislature, in
3903-implementing this act, that the Alabama Supreme Court would
3904-adopt rules pursuant to its authority under Section 150 of the
3905-Constitution of Alabama of 2022, to adopt a schedule of fines
3906-for boating violations, and to adopt a Uniform Boating Traffic
3907-Ticket and Complaint form or an electronic version thereof,
3908-and provide for the use, content, numbering schemes, and
3909-issuance of the ticket.
3910-Section 6. The following sections of the Code of
3911-Alabama 1975, are repealed:
3912-(1) Section 33-5-22.1, Code of Alabama 1975, providing
3913-that the hull of a sailboard is deemed a flotation device.
3882+The district court shall have exclusive original
3883+jurisdiction of misdemeanor prosecutions for traffic
3884+infractions and all boating violations , except ordinance
3885+infractions prosecuted in municipal courts."
3886+"§12-12-52
3887+Pursuant to the provisions of Section 12-17-251,
3888+magistrates may receive pleas of guilty in traffic infraction
3889+and boating violation prosecutions, but may not receive pleas
3890+in matters involving any of the following :
3891+(1) Violations resulting in personal injury ;.
3892+(2) Operation of a motor vehicle or vessel while
3893+intoxicated;.
3894+(3) Reckless driving or reckless operation of a
3895+vessel;.
3896+(4) Felonies or indictable offenses ;.
3897+(5) Operation of a motor vehicles vehicle or vessel
3898+without an operator's license or boater safety certification,
3899+as applicable, or while the license or certification is
3900+suspended or revoked ; or.
3901+(6) A defendant convicted of two or more previous
3902+traffic offenses or boating violations in the preceding 12
3903+months."
3904+"§12-12-55
3905+(a) Schedules of fines to be imposed for traffic
3906+infractions and boating violations shall be established by law
3907+or rule.
3908+(b) The manner in which fines and costs shall be paid
3909+to and accounted for by personnel assigned to accept payment
39143910 1905
39153911 1906
39163912 1907
39173913 1908
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39333929 1924
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39353931 1926
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39373933 1928
39383934 1929
39393935 1930
39403936 1931
3941-1932 HB358 EnrolledHB358 Enrolled
3937+1932 HB358 INTRODUCEDHB358 INTRODUCED
39423938 Page 70
3943-(2) Section 33-5-29, Code of Alabama 1975, relating to
3944-the publication of rules.
3945-(3) Section 33-5-33, Code of Alabama 1975, relating to
3946-fees in certain prosecutions.
3947-(4) Section 33-5-78, Code of Alabama 1975, relating to
3948-the definition of vessels.
3949-Section 7. Although this bill would have as its purpose
3950-or effect the requirement of a new or increased expenditure of
3951-local funds, the bill is excluded from further requirements
3952-and application under Section 111.05 of the Constitution of
3953-Alabama of 2022, because the bill defines a new crime or
3954-amends the definition of an existing crime.
3955-Section 8. This act shall become effective January 1,
3956-2024, following its passage and approval by the Governor, or
3957-its otherwise becoming law.
3939+shall be provided by administrative rule."
3940+"§12-19-179
3941+(a) The following distribution shall be made of docket
3942+fees for traffic infractions and boating violations in
3943+district court:
3944+(1) Three dollars ($3) to the Police Officers' Annuity
3945+Fund.
3946+(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.
3947+(3) Eight dollars fifty cents ($8.50) to the State
3948+Drivers' Fund.
3949+(4) Forty-nine dollars ($49) to the State General Fund.
3950+(5) Three dollars ($3) to the county general fund.
3951+(6) An arrest fee of five dollars ($5) to the State
3952+General Fund or the state funds prescribed by law; except,
3953+that the arrest fee shall be paid into the county general fund
3954+in cases initiated by county law enforcement officers.
3955+(7) Two dollars fifty cents ($2.50) to the District
3956+Attorney Fund or to the fund prescribed by law for district
3957+attorney fees.
3958+(8) Five dollars ($5) to the Advanced Technology and
3959+Data Exchange Fund.
3960+(b) The additional five dollars ($5) assessed and
3961+collected in traffic cases in district court, effective
3962+October 1, 2000, shall be distributed to the Fair Trial Tax
3963+Fund.
3964+(c) Fees for issuance of alias writs from circuit and
3965+district courts shall be distributed as follows:
3966+(1) Writs issuing from district court:
39583967 1933
39593968 1934
39603969 1935
39613970 1936
39623971 1937
39633972 1938
39643973 1939
39653974 1940
39663975 1941
39673976 1942
39683977 1943
39693978 1944
39703979 1945
39713980 1946
3972-1947 HB358 EnrolledHB358 Enrolled
3973-Page 71
3974-________________________________________________
3975-Speaker of the House of Representatives
3976-________________________________________________
3977-President and Presiding Officer of the Senate
3978-House of Representatives
3979-I hereby certify that the within Act originated in and
3980-was passed by the House 09-May-23,as amended.
3981-John Treadwell
3982-Clerk
3983-Senate 25-May-23 Passed
3981+1947
39843982 1948
39853983 1949
39863984 1950
39873985 1951
39883986 1952
39893987 1953
39903988 1954
39913989 1955
39923990 1956
39933991 1957
39943992 1958
39953993 1959
3996-1960
3994+1960 HB358 INTRODUCEDHB358 INTRODUCED
3995+Page 71
3996+a. Two dollars ($2) to the county general fund.
3997+b. Eighteen dollars ($18) to the State General Fund.
3998+(2) Writs issuing from circuit court:
3999+a. Five dollars ($5) to the county general fund.
4000+b. Twenty-five dollars ($25) to the State General
4001+Fund."
4002+Section 4. Section 41-27-6, Code of Alabama 1975, is
4003+amended to read as follows:
4004+"§41-27-6
4005+(a)(1) The Director of the Department of Public Safety
4006+shall be appointed by the Secretary of the Alabama State Law
4007+Enforcement Agency, after consultation with the Governor, and
4008+shall hold office at the pleasure of the secretary. The
4009+director shall be appointed from a legacy agency as defined in
4010+Section 41-27-7. The salary of the director shall be set by
4011+the secretary, and shall not be subject to Section 36-6-6. A
4012+person appointed director shall have an extensive law
4013+enforcement background and, by virtue of office, is a state
4014+law enforcement officer with the immunity set forth in Section
4015+6-5-338.
4016+(2) The director shall have overall supervision and
4017+management of functions transferred to the department pursuant
4018+to this section, subject to the approval of the secretary,
4019+including the power to change the working title of any
4020+position or to reorganize or rename any of the divisions,
4021+units, or functions specified in this section. Any change of
4022+working title shall not alter the classification or
4023+compensation of any person in the state Merit System.
39974024 1961
39984025 1962
39994026 1963
40004027 1964
40014028 1965
40024029 1966
40034030 1967
40044031 1968
40054032 1969
40064033 1970
40074034 1971
40084035 1972
40094036 1973
40104037 1974
40114038 1975
40124039 1976
4040+1977
4041+1978
4042+1979
4043+1980
4044+1981
4045+1982
4046+1983
4047+1984
4048+1985
4049+1986
4050+1987
4051+1988 HB358 INTRODUCEDHB358 INTRODUCED
4052+Page 72
4053+(3) All functions performed by the department on
4054+October 1, 2014, shall remain under the Department of Public
4055+Safety unless reorganized by the secretary or otherwise
4056+transferred pursuant to this chapter.
4057+(b)(1) The Highway Patrol Division of the Department of
4058+Public Safety succeeds to and is vested with all law
4059+enforcement functions of the following enforcement units, and
4060+a reference in any law to these enforcement units shall be
4061+deemed a reference to the Highway Patrol Division of the
4062+Department of Public Safety:
4063+a. The law enforcement unit of the Public Service
4064+Commission.
4065+b. The revenue enforcement officers of the Department
4066+of Revenue.
4067+(2) The director shall appoint a chief of the division.
4068+(c)(1) The Marine Police Patrol Division is hereby
4069+created within the Department of Public Safety. The director
4070+shall appoint a chief of the division.
4071+(2) The Marine Police Patrol Division of the Department
4072+of Public Safety succeeds to and is vested with all functions
4073+of the Marine Police Division of the Department of
4074+Conservation and Natural Resources. A reference in any law to
4075+the Marine Police Division of the Department of Conservation
4076+and Natural Resources shall be deemed a reference to the
4077+Marine Police Patrol Division of the Department of Public
4078+Safety."
4079+Section 5. It is the intent of the Legislature, in
4080+implementing this act, that the Alabama Supreme Court would
4081+1989
4082+1990
4083+1991
4084+1992
4085+1993
4086+1994
4087+1995
4088+1996
4089+1997
4090+1998
4091+1999
4092+2000
4093+2001
4094+2002
4095+2003
4096+2004
4097+2005
4098+2006
4099+2007
4100+2008
4101+2009
4102+2010
4103+2011
4104+2012
4105+2013
4106+2014
4107+2015
4108+2016 HB358 INTRODUCEDHB358 INTRODUCED
4109+Page 73
4110+adopt rules pursuant to its authority under Section 150 of the
4111+Constitution of Alabama of 2022, to adopt a schedule of fines
4112+for boating violations, and to adopt a Uniform Boating Traffic
4113+Ticket and Complaint form or an electronic version thereof,
4114+and provide for the use, content, numbering schemes, and
4115+issuance of the ticket.
4116+Section 6. The following sections of the Code of
4117+Alabama 1975, are repealed:
4118+(1) Section 33-5-22.1, Code of Alabama 1975, providing
4119+that the hull of a sailboard is deemed a flotation device.
4120+(2) Section 33-5-29, Code of Alabama 1975, relating to
4121+the publication of rules.
4122+(3) Section 33-5-33, Code of Alabama 1975, relating to
4123+fees in certain prosecutions.
4124+(4) Section 33-5-78, Code of Alabama 1975, relating to
4125+the definition of vessels.
4126+Section 7. Although this bill would have as its purpose
4127+or effect the requirement of a new or increased expenditure of
4128+local funds, the bill is excluded from further requirements
4129+and application under Section 111.05 of the Constitution of
4130+Alabama of 2022, because the bill defines a new crime or
4131+amends the definition of an existing crime.
4132+Section 8. This act shall become effective January 1,
4133+2024, following its passage and approval by the Governor, or
4134+its otherwise becoming law.
4135+2017
4136+2018
4137+2019
4138+2020
4139+2021
4140+2022
4141+2023
4142+2024
4143+2025
4144+2026
4145+2027
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4159+2041