Arizona 2023 Regular Session

Arizona Senate Bill SB1679 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: boating and water sports; education State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1679 Introduced by Senator Epstein An Act amending title 5, chapter 3, Arizona Revised Statutes, by adding article 5.1; amending title 5, chapter 3, article 7, Arizona Revised Statutes, by adding section 5-372; relating to boating and water sports. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: boating and water sports; education
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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14	14	REFERENCE TITLE: boating and water sports; education
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64	64	An Act
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68	68	amending title 5, chapter 3, Arizona Revised Statutes, by adding article 5.1; amending title 5, chapter 3, article 7, Arizona Revised Statutes, by adding section 5-372; relating to boating and water sports.
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 5, chapter 3, Arizona Revised Statutes, is amended by adding article 5.1, to read: ARTICLE 5.1. MANDATORY BOATING SAFETY EDUCATION START_STATUTE5-351. Definition of certificate IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES, "CERTIFICATE" MEANS A BOATING EDUCATION SAFETY CERTIFICATE ISSUED AS EVIDENCE OF SUCCESSFUL COMPLETION OF A COURSE IN SAFE BOATING OR passing AN EQUIVALENCY EXAM. END_STATUTE START_STATUTE5-352. Applicability THIS ARTICLE APPLies TO: 1. a person who is under twenty years of age one year after the effective date of this article. 2. A person who is under thirty years of age two YEARS AFTER the effective date of this article. 3. A person who is at least thirty YEARS OF AGE three years after the effective date of this article. END_STATUTE START_STATUTE5-353. Motorized watercraft operator; requirements A. A PERSON may NOT OPERATE A MOTORIZED WATERCRAFT oN ANY PUBLIC WATERS UNLESS the operator meets any of the following conditions: 1. hAS SUCCESSFULLY COMPLETED A COURSE IN SAFE BOATING THAT IS APPROVED BY a national association of boating law administrators AND THE DEPARTMENT OR has PASSED AN EQUIVALENCY EXAM, IF THE EXAM WAS PROCTORED AND TESTS THE KNOWLEDGE OF INFORMATION INCLUDED IN THE CURRICULUM OF a national association of boating law administrators-approved course, AND HAS RECEIVED A CERTIFICATE OF SUCCESSFUL COMPLETION OF THE course OR the EQUIVALENCY EXAM. 2. hAs A VALID LICENSE TO OPERATE A vessel ISSUED FOR MARITIME PERSONNEL BY THE UNITED STATES COAST GUARD PURSUANT TO 46 Code of federal regulations part 10 OR A MARINE CERTIFICATE ISSUED BY THE CANADIAN GOVERNMENT. 3. has A DEPARTMENT-APPROVED, NONRENEWABLE, TEMPORARY OPERATOR'S PERMIT TO OPERATE THE MOTORIZED WATERCRAFT that IS VALID FOR sixty DAYS AND WAS ISSUED WITH THE CERTIFICATE OF NUMBER FOR THE MOTORIZED WATERCRAFT, IF THE MOTORIZED WATERCRAFT IS NEW OR WAS SOLD WITH A TRANSFER OF OWNERSHIP. 4. has A RENTAL or lease AGREEMENT PURSUANT TO SECTION 5-372 that LISTS THE PERSON AS AN AUTHORIZED OPERATOR OF THE MOTORIZED WATERCRAFT. 5. IS NOT A RESIDENT of this state AND IS TEMPORARILY USING PUBLIC WATERS FOR A PERIOD of sixty DAYS or less AND MEETS ANY APPLICABLE REQUIREMENTS OF THE operator's STATE OF RESIDENCY OR has A CANADIAN PLEASURE CRAFT OPERATOR'S CARD. 6. iS A PERSON WHO OPERATES A MOTORIZED WATERCRAFT UNDER SUPERVISED TRAINING, AS AUTHORIZED BY THE DEPARTMENT. B. A PERSON who is under twelve YEARS Of age may NOT OPERATE A MOTORIZED WATERCRAFT ON PUBLIC WATERS UNLESS ACCOMPANIED ON BOARD AND DIRECTLY SUPERVISED BY A PERSON who is at least eighteen YEARS of age. BOTH PERSONs MUST MEET THE REQUIREMENTS OF SUBSECTION A OF THIS SECTION. END_STATUTE START_STATUTE5-354. Compliance; violation; classification; penalties; definition A. A PERSON WHO IS OPERATING A MOTORIZED WATERCRAFT oN ANY PUBLIC WATERS AND WHO IS STOPPED BY A PEACE OFFICER SHALL PRESENT EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET. FAILURE TO PRESENT EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET SHALL CONSTITUTE prima facia evidence of A VIOLATION OF section 5-353. B. A PERSON is GUILTY OF A CLASS 3 MISDEMEANOR if the person: 1. FORGES, COUNTERFEITS OR FALSIFIES A CERTIFICATE OR OTHER DOCUMENT. 2. possesses, with the intent to deceive, A CERTIFICATE OR OTHER DOCUMENT THAT HAS BEEN FORGED, COUNTERFEITED OR FALSIFIED. 3. Allows THE person's CERTIFICATE OR OTHER DOCUMENT TO BE USED BY ANOTHER PERSON with the intent to deceive. C. A PERSON WHO FAILS TO PRESENT a CERTIFICATE OR OTHER DOCUMENT AS REQUIRED BY SUBSECTION A OF THIS SECTION IS GUILTY OF A PETTY OFFENSE UNLESS THE PERSON PRESENTS THE REQUIRED CERTIFICATE OR DOCUMENT in a subsequent court proceeding THAT PROVES THE PERSON WAS OPERATING THE MOTORIZED WATERCRAFT in compliance with this article on the date of the violation. D. THE COURT MAY SUSPEND ALL OR PART OF THE FINE IMPOSED ON a DEFENDANT IF THE DEFENDANT COMPLETES THE SAFE BOATING EDUCATION COURSE APPROVED BY a national association of boating law administrators AND THE DEPARTMENT WITHIN THE TIME LIMITS ordered BY THE COURT. E. THE COURT MAY PROHIBIT A PERSON WHO IS FOUND TO HAVE VIOLATED THIS ARTICLE FROM OPERATING A MOTORIZED WATERCRAFT on PUBLIC WATERS UNTIL THE PERSON SUCCESSFULLY COMPLETES THE SAFE BOATING EDUCATION COURSE APPROVED BY a national association of boating law administrators AND THE DEPARTMENT. F. FOR the PURPOSES OF THIS SECTION, "DOCUMENT" MEANS A DOCUMENT USED AS EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET. END_STATUTE START_STATUTE5-355. Rules; fees The department may adopt rules necessary to carry out this article, including provisions for issuing certificates, issuing duplicate certificates, recordkeeping, cooperative agreements, name and address changes, establishing fees for boating safety courses and certificates and equivalency exam criteria. END_STATUTE Sec. 2. Title 5, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 5-372, to read: START_STATUTE5-372. Motorized watercraft rentals; requirements A. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT FOR A PERIOD of NOT more than thirty DAYS may NOT RENT OR LEASE A MOTORIZED WATERCRAFT TO ANY PERSON FOR OPERATION ON THE PUBLIC WATERS UNLESS THE PERSON: 1. MEETS THE requirements of section 5-353. 2. is at least eighteen years of age. B. A PERSON OR THE PERSON'S AGENT OR EMPLOYEES ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT SHALL LIST ON EACH RENTAL OR LEASE AGREEMENT FOR A MOTORIZED WATERCRAFT THE NAME AND AGE OF EACH PERSON WHO IS AUTHORIZED TO OPERATE THE MOTORIZED WATERCRAFT. THE PERSON TO WHOM THE MOTORIZED WATERCRAFT IS RENTED OR LEASED SHALL ENSURE THAT ONLY THOSE PERSONS WHO ARE LISTED AS AUTHORIZED operators ARE ALLOWED TO OPERATE THE MOTORIZED WATERCRAFT. C. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT SHALL PROVIDE TO EACH PERSON AUTHORIZED TO OPERATE A MOTORIZED WATERCRAFT A SUMMARY OF THE STATUTES AND rules of this state GOVERNING THE OPERATION OF A MOTORIZED WATERCRAFT AND INSTRUCTIONS REGARDING THE SAFE OPERATION OF THE MOTORIZED WATERCRAFT. EACH PERSON WHO IS LISTED AS AUTHORIZED TO OPERATE THE MOTORIZED WATERCRAFT SHALL REVIEW THE SUMMARY OF THE STATUTES, rules AND INSTRUCTIONS BEFORE THE MOTORIZED WATERCRAFT DEPARTS FROM THE RENTAL OR LEASING OFFICE. D. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT MAY USE A RENTAL SAFETY CHECKLIST that HIGHLIGHTS IMPORTANT BOATING SAFETY RULES AND REQUIRES THE PERSON TO WHOM THE MOTORIZED WATERCRAFT IS RENTED or leased TO INITIAL EACH SECTION TO PROVE THAT the person READ IT AND IS AWARE OF THE SAFETY rules. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 5, chapter 3, Arizona Revised Statutes, is amended by adding article 5.1, to read:
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84	84	ARTICLE 5.1. MANDATORY BOATING SAFETY EDUCATION
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86	86	START_STATUTE5-351. Definition of certificate
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88	88	IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES, "CERTIFICATE" MEANS A BOATING EDUCATION SAFETY CERTIFICATE ISSUED AS EVIDENCE OF SUCCESSFUL COMPLETION OF A COURSE IN SAFE BOATING OR passing AN EQUIVALENCY EXAM. END_STATUTE
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90	90	START_STATUTE5-352. Applicability
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92	92	THIS ARTICLE APPLies TO:
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94	94	1. a person who is under twenty years of age one year after the effective date of this article.
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96	96	2. A person who is under thirty years of age two YEARS AFTER the effective date of this article.
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98	98	3. A person who is at least thirty YEARS OF AGE three years after the effective date of this article. END_STATUTE
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100	100	START_STATUTE5-353. Motorized watercraft operator; requirements
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102	102	A. A PERSON may NOT OPERATE A MOTORIZED WATERCRAFT oN ANY PUBLIC WATERS UNLESS the operator meets any of the following conditions:
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104	104	1. hAS SUCCESSFULLY COMPLETED A COURSE IN SAFE BOATING THAT IS APPROVED BY a national association of boating law administrators AND THE DEPARTMENT OR has PASSED AN EQUIVALENCY EXAM, IF THE EXAM WAS PROCTORED AND TESTS THE KNOWLEDGE OF INFORMATION INCLUDED IN THE CURRICULUM OF a national association of boating law administrators-approved course, AND HAS RECEIVED A CERTIFICATE OF SUCCESSFUL COMPLETION OF THE course OR the EQUIVALENCY EXAM.
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106	106	2. hAs A VALID LICENSE TO OPERATE A vessel ISSUED FOR MARITIME PERSONNEL BY THE UNITED STATES COAST GUARD PURSUANT TO 46 Code of federal regulations part 10 OR A MARINE CERTIFICATE ISSUED BY THE CANADIAN GOVERNMENT.
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108	108	3. has A DEPARTMENT-APPROVED, NONRENEWABLE, TEMPORARY OPERATOR'S PERMIT TO OPERATE THE MOTORIZED WATERCRAFT that IS VALID FOR sixty DAYS AND WAS ISSUED WITH THE CERTIFICATE OF NUMBER FOR THE MOTORIZED WATERCRAFT, IF THE MOTORIZED WATERCRAFT IS NEW OR WAS SOLD WITH A TRANSFER OF OWNERSHIP.
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110	110	4. has A RENTAL or lease AGREEMENT PURSUANT TO SECTION 5-372 that LISTS THE PERSON AS AN AUTHORIZED OPERATOR OF THE MOTORIZED WATERCRAFT.
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112	112	5. IS NOT A RESIDENT of this state AND IS TEMPORARILY USING PUBLIC WATERS FOR A PERIOD of sixty DAYS or less AND MEETS ANY APPLICABLE REQUIREMENTS OF THE operator's STATE OF RESIDENCY OR has A CANADIAN PLEASURE CRAFT OPERATOR'S CARD.
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114	114	6. iS A PERSON WHO OPERATES A MOTORIZED WATERCRAFT UNDER SUPERVISED TRAINING, AS AUTHORIZED BY THE DEPARTMENT.
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116	116	B. A PERSON who is under twelve YEARS Of age may NOT OPERATE A MOTORIZED WATERCRAFT ON PUBLIC WATERS UNLESS ACCOMPANIED ON BOARD AND DIRECTLY SUPERVISED BY A PERSON who is at least eighteen YEARS of age. BOTH PERSONs MUST MEET THE REQUIREMENTS OF SUBSECTION A OF THIS SECTION. END_STATUTE
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118	118	START_STATUTE5-354. Compliance; violation; classification; penalties; definition
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120	120	A. A PERSON WHO IS OPERATING A MOTORIZED WATERCRAFT oN ANY PUBLIC WATERS AND WHO IS STOPPED BY A PEACE OFFICER SHALL PRESENT EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET. FAILURE TO PRESENT EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET SHALL CONSTITUTE prima facia evidence of A VIOLATION OF section 5-353.
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122	122	B. A PERSON is GUILTY OF A CLASS 3 MISDEMEANOR if the person:
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124	124	1. FORGES, COUNTERFEITS OR FALSIFIES A CERTIFICATE OR OTHER DOCUMENT.
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126	126	2. possesses, with the intent to deceive, A CERTIFICATE OR OTHER DOCUMENT THAT HAS BEEN FORGED, COUNTERFEITED OR FALSIFIED.
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128	128	3. Allows THE person's CERTIFICATE OR OTHER DOCUMENT TO BE USED BY ANOTHER PERSON with the intent to deceive.
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130	130	C. A PERSON WHO FAILS TO PRESENT a CERTIFICATE OR OTHER DOCUMENT AS REQUIRED BY SUBSECTION A OF THIS SECTION IS GUILTY OF A PETTY OFFENSE UNLESS THE PERSON PRESENTS THE REQUIRED CERTIFICATE OR DOCUMENT in a subsequent court proceeding THAT PROVES THE PERSON WAS OPERATING THE MOTORIZED WATERCRAFT in compliance with this article on the date of the violation.
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132	132	D. THE COURT MAY SUSPEND ALL OR PART OF THE FINE IMPOSED ON a DEFENDANT IF THE DEFENDANT COMPLETES THE SAFE BOATING EDUCATION COURSE APPROVED BY a national association of boating law administrators AND THE DEPARTMENT WITHIN THE TIME LIMITS ordered BY THE COURT.
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134	134	E. THE COURT MAY PROHIBIT A PERSON WHO IS FOUND TO HAVE VIOLATED THIS ARTICLE FROM OPERATING A MOTORIZED WATERCRAFT on PUBLIC WATERS UNTIL THE PERSON SUCCESSFULLY COMPLETES THE SAFE BOATING EDUCATION COURSE APPROVED BY a national association of boating law administrators AND THE DEPARTMENT.
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136	136	F. FOR the PURPOSES OF THIS SECTION, "DOCUMENT" MEANS A DOCUMENT USED AS EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET. END_STATUTE
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138	138	START_STATUTE5-355. Rules; fees
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140	140	The department may adopt rules necessary to carry out this article, including provisions for issuing certificates, issuing duplicate certificates, recordkeeping, cooperative agreements, name and address changes, establishing fees for boating safety courses and certificates and equivalency exam criteria. END_STATUTE
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142	142	Sec. 2. Title 5, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 5-372, to read:
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144	144	START_STATUTE5-372. Motorized watercraft rentals; requirements
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146	146	A. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT FOR A PERIOD of NOT more than thirty DAYS may NOT RENT OR LEASE A MOTORIZED WATERCRAFT TO ANY PERSON FOR OPERATION ON THE PUBLIC WATERS UNLESS THE PERSON:
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148	148	1. MEETS THE requirements of section 5-353.
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150	150	2. is at least eighteen years of age.
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152	152	B. A PERSON OR THE PERSON'S AGENT OR EMPLOYEES ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT SHALL LIST ON EACH RENTAL OR LEASE AGREEMENT FOR A MOTORIZED WATERCRAFT THE NAME AND AGE OF EACH PERSON WHO IS AUTHORIZED TO OPERATE THE MOTORIZED WATERCRAFT. THE PERSON TO WHOM THE MOTORIZED WATERCRAFT IS RENTED OR LEASED SHALL ENSURE THAT ONLY THOSE PERSONS WHO ARE LISTED AS AUTHORIZED operators ARE ALLOWED TO OPERATE THE MOTORIZED WATERCRAFT.
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154	154	C. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT SHALL PROVIDE TO EACH PERSON AUTHORIZED TO OPERATE A MOTORIZED WATERCRAFT A SUMMARY OF THE STATUTES AND rules of this state GOVERNING THE OPERATION OF A MOTORIZED WATERCRAFT AND INSTRUCTIONS REGARDING THE SAFE OPERATION OF THE MOTORIZED WATERCRAFT. EACH PERSON WHO IS LISTED AS AUTHORIZED TO OPERATE THE MOTORIZED WATERCRAFT SHALL REVIEW THE SUMMARY OF THE STATUTES, rules AND INSTRUCTIONS BEFORE THE MOTORIZED WATERCRAFT DEPARTS FROM THE RENTAL OR LEASING OFFICE.
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156	156	D. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT MAY USE A RENTAL SAFETY CHECKLIST that HIGHLIGHTS IMPORTANT BOATING SAFETY RULES AND REQUIRES THE PERSON TO WHOM THE MOTORIZED WATERCRAFT IS RENTED or leased TO INITIAL EACH SECTION TO PROVE THAT the person READ IT AND IS AWARE OF THE SAFETY rules. END_STATUTE