Alabama 2024 Regular Session

Alabama House Bill HB375 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB375ENROLLED~~
	1	+	HB375ENGROSSED
2	2		Page 0
3	3		HB375
4		-	T4FY115-3
	4	+	T4FY115-2
5	5		By Representatives Shaver, Oliver, Wadsworth, Woods, Colvin
6	6		RFD: Public Safety and Homeland Security
7	7		First Read: 21-Mar-24
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11	11		4
12		-	5 HB375 ~~Enrolled~~
	12	+	5 HB375 Engrossed
13	13		Page 1
14	14		First Read: 21-Mar-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to vessels; to amend Section 33-5-52, Code of
17	19		Alabama 1975, to establish the Nonresident Alabama Boater
18	20		Safety Certification; to require nonresidents to obtain the
19	21		certification prior to operating a vessel on the waters of
20	22		this state, with exceptions; to provide a penalty for a
21	23		violation; and in connection therewith would have as its
22	24		purpose or effect the requirement of a new or increased
23	25		expenditure of local funds within the meaning of Section
24	26		111.05 of the Constitution of Alabama of 2022.
25	27		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26	28		Section 1. Section 33-5-52, Code of Alabama 1975, is
27	29		amended to read as follows:
28	30		"§33-5-52
29	31		(a)(1) Every person shall procure a boater safety
30	32		certification before operating a motorized vessel upon the
31	33		waters of this state. This section does not apply to the
32	34		operation of any non-motorized sailboat, rowboat, or canoe.
33	35		(2)a. Notwithstanding any law to the contrary, an
34	36		Alabama resident 16 years of age or older who purchases a
35		-	vessel and who has not been previously issued a boater safety
36		-	certification, for a period of 30 days following the date of
37		-	sale of the vessel to the person, may operate the vessel upon
38		-	the waters, provided both of the following conditions are
39		-	met:
40		-	a.1. The vessel has been registered in the name of the
41		-	person.
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69		-	28 HB375 ~~Enrolled~~
	64	+	28 HB375 Engrossed
70	65		Page 2
	66	+	Alabama resident 16 years of age or older who purchases a
	67	+	vessel and who has not been previously issued a boater safety
	68	+	certification, for a period of 30 days following the date of
	69	+	sale of the vessel to the person, may operate the vessel upon
	70	+	the waters, provided both of the following conditions are
	71	+	met:
	72	+	a.1. The vessel has been registered in the name of the
71	73		person.
72	74		b.2. A bill of sale for the vessel, indicating that the
73	75		person is the purchaser and owner of the vessel, is in the
74	76		possession of the person at all times of operation.
75	77		(3)b. A person takingwho test drives of vesselsa vessel
76	78		for sale, when accompanied by a licensed vessel dealer, shall
77	79		be exempt during the drive from the certification requirements
78	80		of this subsection .
79	81		(4) Every new resident of this state, before operating
80	82		a motorized vessel, shall procure the certification within 30
81	83		days after establishing residence in this state.
82	84		(b) Each boater safety certification issued to a
83	85		person, if issued at the same time the person is issued a
84	86		valid Alabama motor vehicle driver or learner license, or
85	87		valid Alabama nondriver identification card, or if issued
86	88		prior to the expiration date of the driver or learner license
87	89		or card, shall expire on the expiration date of the person's
88	90		valid Alabama motor vehicle driver or learner license or card.
89	91		In all other cases, the expiration date of each boater safety
90	92		certification shall be four years from the date of issuance.
91	93		(c) Every Upon application, a boater safety
92	94		certification issued under this article may be renewed at the
93		-	end of the certification period without examination upon
94		-	application. For the purpose of renewal of a boater safety
95		-	certification, ALEA shall mail renewal notices to each
96		-	certification holder 30 days after the expiration date if the
97		-	certification has not been renewed. A grace period of 60 days
98		-	after the expiration date of certification shall exist for the
99		-	purpose of certification renewal and the certification shall
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127		-	56 HB375 ~~Enrolled~~
	122	+	56 HB375 Engrossed
128	123		Page 3
	124	+	certification issued under this article may be renewed at the
	125	+	end of the certification period without examination upon
	126	+	application. For the purpose of renewal of a boater safety
	127	+	certification, ALEA shall mail renewal notices to each
	128	+	certification holder 30 days after the expiration date if the
	129	+	certification has not been renewed. A grace period of 60 days
	130	+	after the expiration date of certification shall exist for the
129	131		purpose of certification renewal and the certification shall
130	132		be valid for this time period. The applicant shall apply for
131	133		renewal of certification any time during a period beginning 30
132	134		days before the expiration date of the then current
133	135		certification until three years after the expiration date of
134	136		certification. Failure to make application for renewal within
135	137		the specified time shall result in the applicant being
136	138		required to take, and successfully pass, a written or oral
137	139		examination administered by ALEA. If any person's birthday is
138	140		February 29, the first day of March following shall be
139	141		regarded as the birthday for the purposes of this section.
140	142		(d) Nonresidents 12 or more years of age who have in
141	143		their immediate possession a valid boater safety certification
142	144		or vessel operator's certification issued in their home state
143	145		or country shall be exempt from the requirements of this
144	146		section, but under no circumstances shall a person nonresident
145	147		be granted any privileges of operation beyond those granted to
146	148		an Alabama resident certification holder of the same age ,
147	149		including those individuals described in Section 33-5-57(b) .
148	150		(e) Nonresidents 12 or more years of age whose home
149	151		state or country does not require boater safety certification
150	152		or the licensing of vessel operators shall also be exempt from
151		-	the requirements of this section for a cumulative operation
152		-	period of not more than 45 days in any calendar year.
153		-	Otherwise, any nonresidents shall be examined and
154		-	certifiedExcept as provided in subsections (f) and (g), a
155		-	nonresident may operate a vessel upon the waters of this state
156		-	only after obtaining a valid boater safety certification or
157		-	vessel operator's certification issued in his or her home
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185		-	84 HB375 ~~Enrolled~~
	180	+	84 HB375 Engrossed
186	181		Page 4
	182	+	or the licensing of vessel operators shall also be exempt from
	183	+	the requirements of this section for a cumulative operation
	184	+	period of not more than 45 days in any calendar year.
	185	+	Otherwise, any nonresidents shall be examined and
	186	+	certifiedExcept as provided in subsections (f) and (g), a
	187	+	nonresident may operate a vessel upon the waters of this state
	188	+	only after obtaining a valid boater safety certification or
187	189		vessel operator's certification issued in his or her home
188	190		state or country, or after obtaining a Nonresident Alabama
189	191		Boater Safety Certification upon examination and certification
190	192		under the same terms and conditions as Alabama residents.
191	193		Nonresidents may be examined and obtain certification in any
192	194		county and the certification shall be entitled "Nonresident
193	195		Alabama Boater Safety Certification," but under no
194	196		circumstances shall a person be granted any privileges of
195	197		operation beyond those granted to an Alabama resident
196	198		certification holder of the same age.
197	199		(f) A person operating a vessel pursuant to a valid and
198	200		legal commercial activity, during the period of time of that
199	201		activity only, shall be exempt from the requirement of boater
200	202		safety certification. Otherwise, the person shall be subject
201	203		to the requirement.
202	204		(g) A person, while using a rental vessel registered
203	205		with the Marine Patrol Division of ALEA as a rental vessel
204	206		from a boat rental business duly licensed by the applicable
205	207		municipality or county or from a state-owned marina , shall be
206	208		exempt from the certification requirements of this section if
207	209		the following conditions are met:
208	210		(1) The rental contract specifies that the lessee has
209		-	been instructed in the proper and safe operation of the vessel
210		-	by the lessor or the authorized agent of the lessor.
211		-	(2) The lessor has complied with the terms of rental
212		-	contract and all parties sign the contract.
213		-	(3) The lessee signs a statement that the lessee is not
214		-	currently under suspension or revocation of any boater safety
215		-	certification or vessel operation privilege.
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243		-	112 HB375 ~~Enrolled~~
	238	+	112 HB375 Engrossed
244	239		Page 5
	240	+	(1) The rental contract specifies that the lessee has
	241	+	been instructed in the proper and safe operation of the vessel
	242	+	by the lessor or the authorized agent of the lessor.
	243	+	(2) The lessor has complied with the terms of rental
	244	+	contract and all parties sign the contract.
	245	+	(3) The lessee signs a statement that the lessee is not
	246	+	currently under suspension or revocation of any boater safety
245	247		certification or vessel operation privilege.
246	248		(4) A copy of the applicable rental contract is on
247	249		board the vessel while the vessel is in operation.
248	250		(5) The operator of the vessel is 16 or more years of
249	251		age.
250	252		(h) A violation of this section is a boating violation.
251	253		Section 2. Although this bill would have as its purpose
252	254		or effect the requirement of a new or increased expenditure of
253	255		local funds, the bill is excluded from further requirements
254	256		and application under Section 111.05 of the Constitution of
255	257		Alabama of 2022, because the bill defines a new crime or
256	258		amends the definition of an existing crime.
257	259		Section 3. This act shall become effective on October
258	260		1, 2024.
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271		-	125 HB375 Enrolled
272		-	Page 6
273		-	1, 2024.
274		-	________________________________________________
275		-	Speaker of the House of Representatives
276		-	________________________________________________
277		-	President and Presiding Officer of the Senate
278		-	House of Representatives
279		-	I hereby certify that the within Act originated in and
280		-	was passed by the House 09-Apr-24, as amended.
281		-	John Treadwell
282		-	Clerk
283		-	Senate 08-May-24 Passed
	273	+	125
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	280	+	132 HB375 Engrossed
	281	+	Page 6
	282	+	1, 2024.
	283	+	House of Representatives
	284	+	Read for the first time and referred
	285	+	to the House of Representatives
	286	+	committee on Public Safety and
	287	+	Homeland Security
	288	+	................21-Mar-24
	289	+	Read for the second time and placed
	290	+	on the calendar:
	291	+	0 amendments
	292	+	................04-Apr-24
	293	+	Read for the third time and passed
	294	+	as amended
	295	+	Yeas 97
	296	+	Nays 0
	297	+	Abstains 5
	298	+	................09-Apr-24
	299	+	John Treadwell
	300	+	Clerk
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