HB375ENROLLED
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HB375
T4FY115-3
By Representatives Shaver, Oliver, Wadsworth, Woods, Colvin
RFD: Public Safety and Homeland Security
First Read: 21-Mar-24
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First Read: 21-Mar-24
Enrolled, An Act,
Relating to vessels; to amend Section 33-5-52, Code of
Alabama 1975, to establish the Nonresident Alabama Boater
Safety Certification; to require nonresidents to obtain the
certification prior to operating a vessel on the waters of
this state, with exceptions; to provide a penalty for a
violation; and in connection therewith would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 33-5-52, Code of Alabama 1975, is
amended to read as follows:
"ยง33-5-52
(a)(1) Every person shall procure a boater safety
certification before operating a motorized vessel upon the
waters of this state. This section does not apply to the
operation of any non-motorized sailboat, rowboat, or canoe.
(2)a. Notwithstanding any law to the contrary, an
Alabama resident 16 years of age or older who purchases a
vessel and who has not been previously issued a boater safety
certification, for a period of 30 days following the date of
sale of the vessel to the person, may operate the vessel upon
the waters, provided both of the following conditions are
met:
a.1. The vessel has been registered in the name of the
person.
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person.
b.2. A bill of sale for the vessel, indicating that the
person is the purchaser and owner of the vessel, is in the
possession of the person at all times of operation.
(3)b. A person takingwho test drives of vesselsa vessel
for sale, when accompanied by a licensed vessel dealer, shall
be exempt during the drive from the certification requirements
of this subsection .
(4) Every new resident of this state, before operating
a motorized vessel, shall procure the certification within 30
days after establishing residence in this state.
(b) Each boater safety certification issued to a
person, if issued at the same time the person is issued a
valid Alabama motor vehicle driver or learner license, or
valid Alabama nondriver identification card, or if issued
prior to the expiration date of the driver or learner license
or card, shall expire on the expiration date of the person's
valid Alabama motor vehicle driver or learner license or card.
In all other cases, the expiration date of each boater safety
certification shall be four years from the date of issuance.
(c) Every Upon application, a boater safety
certification issued under this article may be renewed at the
end of the certification period without examination upon
application. For the purpose of renewal of a boater safety
certification, ALEA shall mail renewal notices to each
certification holder 30 days after the expiration date if the
certification has not been renewed. A grace period of 60 days
after the expiration date of certification shall exist for the
purpose of certification renewal and the certification shall
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purpose of certification renewal and the certification shall
be valid for this time period. The applicant shall apply for
renewal of certification any time during a period beginning 30
days before the expiration date of the then current
certification until three years after the expiration date of
certification. Failure to make application for renewal within
the specified time shall result in the applicant being
required to take, and successfully pass, a written or oral
examination administered by ALEA. If any person's birthday is
February 29, the first day of March following shall be
regarded as the birthday for the purposes of this section.
(d) Nonresidents 12 or more years of age who have in
their immediate possession a valid boater safety certification
or vessel operator's certification issued in their home state
or country shall be exempt from the requirements of this
section, but under no circumstances shall a person nonresident
be granted any privileges of operation beyond those granted to
an Alabama resident certification holder of the same age ,
including those individuals described in Section 33-5-57(b) .
(e) Nonresidents 12 or more years of age whose home
state or country does not require boater safety certification
or the licensing of vessel operators shall also be exempt from
the requirements of this section for a cumulative operation
period of not more than 45 days in any calendar year.
Otherwise, any nonresidents shall be examined and
certifiedExcept as provided in subsections (f) and (g), a
nonresident may operate a vessel upon the waters of this state
only after obtaining a valid boater safety certification or
vessel operator's certification issued in his or her home
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vessel operator's certification issued in his or her home
state or country, or after obtaining a Nonresident Alabama
Boater Safety Certification upon examination and certification
under the same terms and conditions as Alabama residents.
Nonresidents may be examined and obtain certification in any
county and the certification shall be entitled "Nonresident
Alabama Boater Safety Certification," but under no
circumstances shall a person be granted any privileges of
operation beyond those granted to an Alabama resident
certification holder of the same age.
(f) A person operating a vessel pursuant to a valid and
legal commercial activity, during the period of time of that
activity only, shall be exempt from the requirement of boater
safety certification. Otherwise, the person shall be subject
to the requirement.
(g) A person, while using a rental vessel registered
with the Marine Patrol Division of ALEA as a rental vessel
from a boat rental business duly licensed by the applicable
municipality or county or from a state-owned marina , shall be
exempt from the certification requirements of this section if
the following conditions are met:
(1) The rental contract specifies that the lessee has
been instructed in the proper and safe operation of the vessel
by the lessor or the authorized agent of the lessor.
(2) The lessor has complied with the terms of rental
contract and all parties sign the contract.
(3) The lessee signs a statement that the lessee is not
currently under suspension or revocation of any boater safety
certification or vessel operation privilege.
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certification or vessel operation privilege.
(4) A copy of the applicable rental contract is on
board the vessel while the vessel is in operation.
(5) The operator of the vessel is 16 or more years of
age.
(h) A violation of this section is a boating violation.
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 09-Apr-24, as amended.
John Treadwell
Clerk
Senate 08-May-24 Passed
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